(A) Citation. If the officer/Code Enforcement finds that a public nuisance exists on private property and has not been abated as directed in the written notice to abate, that officer may cause a citation for violation of a city ordinance to be issued to the offending property owner after a five-day period.
(B) Abatement by city on private property. In addition to the issuance of a citation for the violation of a city ordinance under division (A) above, the officer/Code Enforcement may determine that an emergency exists and direct the city to immediately enter upon the property and remove the public nuisance. The Street/Utility Department, shall thereafter furnish the Mayor with a statement of actual cost involved in the removal of the public nuisance. The actual abatement may be assigned to a city department or contracted out through standard procedures.
(C) Responsibility of offender for costs of enforcement.
(1) (a) The Code Enforcement Department and the Street/Utility Superintendent shall make a statement, in a timely manner, of the costs incurred in eliminating the public nuisance.
(b) The cost shall include: cost of removal of the public nuisance, administrative fees, attorney fees if court ordered enforcement is necessary, and all recording fees associated with the collection of the outstanding balances. Attorney and court cost shall be paid by the offender. Grant County may enforce action within the system.
(c) All costs shall be forwarded to the office of the Clerk-Treasurer to collect and/or file liens. The Clerk Treasurer may forward to the City Attorney to create a follow up letter prior to filing a lien.
(2) The following fees shall be charged:
Administrative Fees | |
These fees would cover such administration tasks as inspecting the property to determine violation, to determine compliance, determining ownership, and preparing and mailing notices. (No fee would be charged if no violation is found.) | $500 |
Labor and Fees | |
The following labor fees per person, per hour or fraction thereof for labor necessary to abate a public nuisance. | |
Operator/Driver/Labor w/o CDL | $28 |
Operator/Driver/Labor w/o CDL | $28 |
Supervisor (or current rate) | $38 |
Equipment Fees | |
The following equipment fees per machine, per hour or fraction thereof, for the use of each piece of equipment necessary to abate the public nuisance. | |
Pick-up | $20 |
Trash/bush hog | $30 |
Backhoe | $30 |
Dump truck | $30 |
Packer | $30 |
Loader (or current rate) | $30 |
Land Filling Fees | |
Any land filling fees actually incurred to dispose of litter and waste products removed | |
Other Fees | |
Any other reasonable fees actually incurred in abating a public nuisance. Said statement shall be delivered to the property owners by first class mail. The owner shall pay the amount noted to the city within ten days after receipt, which shall be deposited in the General Fund. | |
(D) Failure to pay. If the owner fails to pay the amount within ten days after receiving the statement, the Code Enforcement Department shall institute action necessary to collect the debt under divisions (D)(1), (D)(2), and/or (D)(3) below.
(1) A copy of all costs as described in division (C) above may be filed in the office of the County Auditor for the purpose of placing the amount claimed on the tax duplicate against the property, so that the amount claimed can be collected as taxes are collected.
(2) The city may seek the recovery of costs plus as described in division (C) above in the county courts.
(3) The city may allow the citation for costs to be paid to the Ordinance Violations Bureau.
(Ord. 4-2022, passed 5-10-2022)