(A) If any owner of any lot shall fail to remove or abate such garbage, trash, yard waste, or nuisance vegetation after receiving notice, it shall be the duty of the code enforcement official to cause the same to be removed or otherwise abated by referring such action to the Street Department which shall either remove the nuisance or contract with a private entity to accomplish such removal. At the time of the removal, the Street Commissioner and or private entity shall be prepared to provide the property owner with evidence of the provision consistent with the requirements of this subchapter.
(B) When the Street Commissioner has affected the removal of the nuisance, a statement shall be prepared showing the cost of the work performed and shall bill the owner of record. Such bill shall be due and payable at the time of its receipt by the property owner and shall be calculated by (1) multiplying the average hourly rate of Street Department employees involved in the removal of the nuisance by 2.5 (to accommodate administrative costs) and then by the number of hours each applied to the violation (in increments of no less than one-quarter hour) and (2) adding to that figure any costs for rented equipment or contracted labor required to complete the work. The minimum bill shall not be less than $200 for each property.
(C) When the full amount due to the city is not paid by the owner within 30 days after the work has been performed, as provided in division (B) above, then the Building Commissioner’s office, shall cause to be recorded in the County Recorder’s office a sworn statement showing the cost and expense incurred for the work, the date the work was completed, and the location of the property on which the work was performed. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in force and effect for the amount due on principal and interest, plus costs of course, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further shall be subject to a delinquent penalty the same as real estate taxes in the event same is not paid in full on or before the date the tax bill on which said charges appears delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima fascia evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the property designated or described in the statement and that the same is due and collectable as provided by law.
(D) When fees are collected for work completed, 25% of the collected funds shall be placed into a non-reverting cumulative equipment fund established by adoption of subchapter. The fees placed in such fund shall be used for the replacement of equipment and supplies utilized in performing the aforementioned tasks.
(Ord. 2011-10, passed 4-4-11; Am. Ord. 2013-3, passed 7-1-13; Am. Ord. 2020-7, passed 9-8-20)