(A) In the event that the person or persons given notice of a public nuisance premises fails to perform the action required by an order issued under § 92.006, the Zoning Administrator may file a civil action in a court of competent jurisdiction to enjoin or abate the condition or action causing the public nuisance, and in such civil action may seek damages caused by such public nuisance. The Zoning Administrator may also seek an order from the court allowing the Department or other county personnel, or a private contractor hired by the Department, to perform work reasonably necessary to abate or remove the condition or action causing the public nuisance.
(B) Damages that the Zoning Administrator may seek to collect in the civil action shall include reimbursement for all costs incurred by the county to abate or remove a public nuisance, including:
(1) The actual cost of the work performed by the Department or other county personnel, or a private contractor hired by the Department, reasonable charges for the equipment used, repair costs for damage to equipment used, mileage costs incurred in driving to and from the subject property, disposal costs, and other related expenses and/or the bid price of work accomplished by a contractor hired by the Department to perform work under court order; and
(2) Administrative costs incurred by the Department in abating or removing a public nuisance, including compensation for the time of the Zoning Administrator and duly authorized representatives spent in enforcing this subchapter, costs of sending notice under § 92.006, postage charges, charges for office supplies incurred by the Director, reasonable attorney fees and court costs and other related charges.
(C) All monies shall be made payable to and shall be deposited in the County Public Nuisance Fund. The County Public Nuisance Fund is established and perpetuated in the county operating budget.
(Ord. 2013-211, passed 5-6-2013; Ord. CO-2022-21, passed 9-6-2022)