(A) Fines. In addition to any costs incurred for abatement under this chapter, any person, corporation, partnership, sole proprietorship, other legal entity or owner, occupant or tenant of the real estate who is found to have violated this chapter, or willfully or negligently failed to comply with any provision of this chapter or with any orders issued hereunder, shall be fined not less than $100 and not more than $1,000 for each offense. Each day a violation shall occur or continue shall be deemed a separate and distinct offense.
(B) Liability for abatement costs. When action required by an order is performed by the Enforcement Authority or by a contractor acting under § 94.10(A), each person who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises from the time when the order requiring the work performed was issued to the time that the work was completed is jointly and severally responsible for the following costs: the actual cost of the work performed by the Enforcement Authority or the bid price of work accomplished by the contractor under § 94.10(A); and an amount that represents a reasonable forecast of the average processing expense that will be incurred by the Enforcement Authority in taking the technical, administrative and legal actions concerning typical unsafe premises that are necessary under this chapter so that the action required by an order may be performed by a contractor under § 94.10(A).
(C) Calculation of abatement costs. In calculating the amount of the average processing expense, the following costs may be considered: the cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises; the cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record, in accordance with § 94.10(A); salaries for employees; and the cost of supplies, equipment and office space. The Board of Commissioners shall determine the amount of the average processing expense at the public hearing, after notice has been given in the same manner as is required for other official action. In determining the average processing expense, the Board of Commissioners may fix the amount at a full dollar amount that is an even multiple of ten.
(D) Attorney fees and costs of enforcement. In addition to any costs for abatement and fines incurred for violation of this chapter, any person, corporation, partnership, sole proprietorship, other legal entity or owner, occupant or tenant of the real estate is found to have violated this chapter, shall be liable for all reasonable attorney fees, costs and expenses incurred by the county in obtaining its enforcement.
(E) Issuance of citations. Citations for violations of this chapter may be issued by the Enforcement Authority or by the County Sheriff. Enforcement shall be in effect by the filing of a civil suit seeking judgment in the amount of the fine imposed, costs of abatement, attorney fees and expenses, plus court costs.
(Ord. 2013-5, passed 5-7-2013)