§ 37.51 CONTENTS OF NOTICE.

   The notice to abate a violation issued under the provisions hereof shall contain:

   (A)   An order to abate the violation or to request a hearing within the stated time, which shall be reasonable under the circumstances;

   (B)   The location of the violation;

   (C)   A description of the item or what constitutes the violation;

   (D)   A statement of acts necessary to abate the violation;

   (E)   A statement that if the violation is not abated as directed and no written request for a hearing is made within the prescribed time, the city will abate the violation and assess the cost thereof against the person; and

   (F)   If a hearing is requested pursuant to this section, the hearing shall be conducted by the Code Enforcement Board pursuant to the procedures established therefore by ordinance.

(Ord. 01-2021, passed 2-2-2021)

§ 37.52 SERVICE OF NOTICE.

   The notice to abate a violation hereof shall be served by regular U.S. Mail to an owner or agent of the real property where the violation exists, at the tax address maintained by the Campbell County Property Valuation Administrator and, in addition, by hand delivery by the Code Enforcement Officer to the same, or by posting a copy thereof in a conspicuous place on or about the real property where the violation has occurred.

(Ord. 01-2021, passed 2-2-2021)

§ 37.53 ABATEMENT BY CITY.

   Upon failure of the person to whom notice to abate a violation was served, to abate the same, the Code Enforcement Officer shall proceed to abate such and shall prepare a statement of costs incurred in the abatement thereof.

(Ord. 01-2021, passed 2-2-2021)

§ 37.54 CITY’S COST DECLARED A LIEN.

   (A)   Any and all costs incurred by the city in the abatement of a violation under the provisions hereof shall constitute a lien against the real property upon which the violation existed, which lien shall be filed, proven and collected as provided for by law.

   (B)   The lien shall be notice to all persons from the time of its recording, shall bear interest at the legal rate thereafter until satisfied and shall be added on the tax bill for the premises upon which the violation existed.

   (C)   In addition to the lien against the property provided for the abatement of the violation, the owner of the real property upon which a lien has been filed shall be personally liable for the amount of the lien, including all interest, civil penalties and other charges related thereto, and the city may bring a civil action against the owner personally and/or a civil action in foreclosure against the real property upon which the lien has been filed and shall have all remedies as provided for the recovery of a debt owed.

(Ord. 01-2021, passed 2-2-2021)

§ 37.99 PENALTY.

   Violation of ordinances that are enforced by the City Board shall be subject to the following schedule of civil fines unless the specific ordinance declares a different penalty.

   (A)   If the violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this division (A) shall apply.

 

Violation	Civil Fine (if uncontested and paid within 7 days)	Civil Fine (if not paid within 7 days)
First offense in one-year period	$25	$50
Second offense in one-year period	$100	$200
Third or greater offense in one-year period	$250	$500

 

   (B)   If a citation is contested and hearing before the Board is conducted, the following minimum to maximum penalties may be imposed at the discretion of the Board:

 

Violation	Civil Fine
First offense in one-year period	$25 to $100
Second offense in one-year period	$100 to $250
Third or greater offense in one-year period	$250 to $500

 

(Ord. 14-2019, passed 11-5-2019)