A. Authority: When the owner or occupant of property fails to comply with an order to abate pursuant to section 6.5.106 of this article and the Administrator has reinspected and removed, corrected or otherwise abated the condition giving rise to the issuance of the notice and order through a private contract, the Administrator is hereby authorized to commence lien assessment proceedings against the property in accord with the provisions of this section. In addition, the Administrator is further authorized to assess an administrative surcharge of twenty five percent (25%) of the cost of private abatement.
B. Notice: Within ten (10) days of abatement through a private contract, the Administrator shall ascertain the name and address of the property owner from the El Paso County Assessor's records and shall send the property owner a notice of lien assessment which shall contain the following information:
1. The address of the property to be assessed and the name and address of the property owner;
2. The dates of the notice and order, any reinspection and the order to abate;
3. The name of the private contractor which abated the condition giving rise to the issuance of the notice and order;
4. The total amount of the assessment, including reinspection fees, the cost of private abatement and the amount of the administrative surcharge;
5. A due date for payment of the assessment which is not less than twenty (20) days after the date of the notice of lien assessment;
6. A statement that failure to pay the assessment within the time period set forth in the notice of lien assessment will result in the imposition of a lien against the property;
7. A statement explaining the appeal procedure for the notice of lien assessment.
C. Service Of The Notice Of Assessment:
1. Mailing: The notice of assessment shall be mailed to the property owner via certified first class U.S. mail, return receipt requested. A return receipt signed by the property owner or an agent of the property owner shall be prima facie evidence of service on the date indicated by the owner, agent or U.S. Postal Service.
2. Posting: In the event the property owner or an agent of the property owner fails to receive service of the notice of lien assessment via certified first class U.S. mail, return receipt requested, the Administrator is authorized to post the notice in a conspicuous place on the property to be assessed.
D. Appeal And Hearing:
1. Time: A property owner must appeal a notice of lien assessment in writing within ten (10) days of its mailed receipt by the property owner or the owner's agent, or within ten (10) days of posting on the property to be assessed.
2. Contents: The notice of appeal must state the name and address of the property owner, the address of the property assessed, and the grounds for appeal.
3. Hearing: The appeal of a notice of lien assessment shall be heard by the Municipal Court Referee, in accord with the procedures outlined in chapter 11 of this Code.
4. Decision: The Referee may, after hearing the property owner's objections, make any modification or change to the assessment as may seem equitable and just, or may confirm the assessment. The Referee shall not modify or change the amount of the reinspection fee or the administrative surcharge.
E. Lien Assessment: If not appealed, the total assessment shall then be levied, assessed and charged against the property upon which abatement action was taken not less than ten (10) days after the property owner's or agent's mailed receipt of the notice of lien assessment or posting on the property to be assessed. If appealed, Referee's determination of the total assessment shall then be levied, assessed and charged against the property upon which abatement action was taken not less than ten (10) days after the date of the Referee's determination. In either event, the assessment shall become a perpetual lien against the property, superior and prior to all other liens and encumbrances excepting liens for general and special taxes. The Administrator shall notify the Chief Financial Officer who shall certify any lien assessment to the El Paso County Treasurer who shall collect the lien assessment in the same manner as ad valorem taxes are collected. (Ord. 98-85; Ord. 01-42; Ord. 03-15; Ord. 04-280; Ord. 11-19)