A. Proceeds of Sale of Materials: The proceeds, if any, obtained from the sale of any material salvaged as a result of an abatement of a public nuisance by the city shall be deposited to the general fund of the city and any deficit between the amount so received and the cost of the abatement may be levied as a lien against the property in question by the city council and collected as any other assessment by the city; however, any other alternative collection method may be utilized by the city to recoup the deficit. Should the proceeds of the sale of such salvaged material exceed the cost of abatement, the surplus, if any, shall be paid to the Person from which the public nuisance was first abated when a proper claim to the excess is established.
B. Statement of Costs: Within fifteen (15) days after completing the removal and abatement, city staff or any entity hired to abate the nuisance shall file with the city clerk a statement of costs to include the amount of work done, all expenses and costs incurred of any nature whatsoever, a description of the premises upon which the work was done, and the name of the Person, if known, chargeable with such costs and expenses, all as more specifically set forth hereafter.
C. Assessment of Costs and Penalties: Within fifteen (15) days after receipt of the statement of costs, the city clerk or designee shall make written demand by certified mail, return receipt requested, upon the Person and/or legal owner as of record in the office of the county assessor, at the last known address of such Person as recorded in said assessor's office, for the payment of the costs of removing the nuisance and any outstanding penalties.
1. Notice of Assessment: The written demand for payment shall provide notice of the amounts set forth in the statement of costs plus an additional amount sufficient to defray the costs of the notice, the amount owed on civil penalties and their dates of imposition, and provide that the costs of removing or abating the nuisance shall be a lien upon the property upon which the nuisance is located. The city clerk shall further state the full amount must be paid within twenty (20) days of the certified mail or hand delivered notice or an objection filed within twenty (20) days of the certified mail or hand delivered notice; and if the payment or objection is not received, the city clerk shall perfect the lien in accordance with section 4-1-16.
D. Objection; Hearing: If an objection by the Person or their representative is received by the city clerk prior to the expiration of the twenty (20) day period, the city clerk shall refer the matter to the city council for review at the next feasible city council meeting. The Person shall be notified in writing pursuant to the notice requirements outlined in 4-1-12(A) that the city council shall hear evidence concerning the statement of costs at the specified date and time.
E. Uphold of Decision: If, after the hearing, it is determined the proposed lien or any part of it is proper and authorized, the city council shall direct the city clerk to perfect the lien in accordance with section 4-1-16.
F. Collection: Collection of civil penalties and costs of removal shall be in accordance with NRS 268.4122, and any other such applicable laws as required. Nothing herein contained shall prevent the maintenance of a suit by the city against any of the persons herein mentioned to collect the expense of such abatement or removal or the prosecution criminally under the ordinances of the city of any person creating, maintaining, causing or committing a nuisance or owning or in possession, charge or control of the real property upon which a nuisance is created, maintained, caused or committed. (Ord. 738, 2-25-2021; amd. Ord. 744, 1-13-2022)