21.15.140 Costs of abatement.

Whenever the director is required to cause the abatement of a public nuisance in accordance with the provisions of this chapter, the director shall keep an accounting of the costs thereof, including incidental expenses concerning such abatement. The term “incidental expenses” shall include, but shall not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the abatement work, the costs of printing and mailing required under this chapter. Such costs shall include reasonable attorneys’ fees provided the city elects to seek attorneys’ fees at the commencement of the abatement proceeding and is deemed to be the prevailing party by a court of competent jurisdiction. If the property owner is deemed to be the prevailing party then that party shall be entitled to receive its reasonable attorneys’ fees.

   Upon abatement of the nuisance, the director shall cause to be prepared an itemized statement of costs and set the same for a hearing before the director. Upon receipt of the report itemizing the costs and expenses incurred in abating the nuisance, including incidental expenses, the director shall cause a notice of hearing to be issued which form of notice shall be headed in letters not less than one inch in height as follows:

   NOTICE OF COSTS OF ABATEMENT AND HEARING

   The notice shall otherwise be in form and content as set forth in Section 21.15.050 and shall be served upon the owner or other person in charge or control of the property in the manner set forth in Section 21.15.060.

(Ord. 624 § 4 (part), 2008).