(A) Notice. The Authorized Representative, by registered or certified mail, postage prepaid, shall forward to the owner or person in charge of the property a notice stating:
(1) The total cost of abatement including the administrative overhead;
(2) The cost as indicated will be assessed to, and become a lien against, the property unless paid 30 days from the date of the notice; and
(3) If the owner or person in charge of the property objects to the cost of the abatement as indicated, the objector may file a notice of objection with the Authorized Representative not more than ten days from the date of the notice.
(B) Objections to assessment. Upon the expiration of ten days after the date of the notice, the Council in the regular course of business shall hear and determine the objections to the costs to be assessed.
(C) City liens. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by Council, shall be made by resolution and shall thereupon be entered in the docket of city liens and, upon such entry being made, shall constitute a lien upon the property from that the nuisance was removed or abated.
(D) Lien enforcement. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the rate allowed by law, or such lesser rate as the City Council may from time to time provide. Such interest shall commence to run from date of entry of the lien in the lien docket.
(E) Assessment error. An error in the name of the owner of the property as listed with the County Assessor’s office and the city’s Utility Department, shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
(F) Recovery of public costs for on-site assessment and clean up of property declared public health nuisance.
(1) If, after service of notice of the declaration of public health nuisance, the property owner fails to arrange appropriate assessment and clean up, the Authorized Representative is authorized to proceed in a prompt manner to initiate the on-site assessment and clean up.
(2) If the city is unable to locate the property owner within ten days of the declaration of public health nuisance, the city is authorized to proceed in a prompt manner to initiate the on-site assessment and clean up.
(3) The city may abate the nuisance by removing the hazardous structure or building, or otherwise, according to O.R.S. Chapter 105.
(4) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all costs plus an additional 25% of the costs for administration. The city may recover costs by civil action against the person or persons who own the property.
(Prior Code, § 90.01) (Ord. 06-512, passed 7-5-2006; Ord. 07-516, passed 7-2-2007; Ord. 08-519, passed 5-12-2008)