The following procedures shall apply to the abatement of a violation of the International Property Maintenance Code, as referenced in Section 106.5 of said International Property Maintenance Code. Notwithstanding anything to the contrary provided herein, the legal officer of the city with authority to restrain, correct, or abate a violation is not required to use the abatement procedure as detailed in this section, and in the event of a violation of the International Property Maintenance Code, may, at his or her discretion, proceed with any available remedy detailed in Section 106 of the International Property Maintenance Code:
(A) It shall be the responsibility of each owner of property within the city to maintain their property in compliance with the International Property Maintenance Code as adopted by the city. If the owner fails to comply with a notice of violation properly served in accordance with Section 106.2 of the International Property Maintenance Code, the Chief Code Official or designee is authorized to cause said violation to be abated. Such abatement may be issued by the Chief Code Official or designee without reporting said violation to Council in the manner provided herein.
(B) The owner of property determined to be in violation of the International Property Maintenance Code shall be served a written notice upon the first identified violation per calendar year. Such notice shall state that the owner has seven calendar days abate any violations of the International Property Maintenance Code. Further, the notice shall conspicuously state that failure to comply will result in the city causing the work to be done and the costs to be assessed against the property in the manner provided by this section. The notice shall also conspicuously state that any subsequent violations of this section concerning the same property during the same calendar year shall require no further notice.
(C) When it is deemed necessary for the city to abate the violation, in accordance with the provisions of this section, the owner shall be charged at the rate of $200 per hour or portion thereof, or the actual cost to the city of the work, whichever is larger. The minimum charge shall be $200. Within 30 calendar days after such work is performed, the city shall serve an order to the owner to pay the cost, which shall include a statement of the amount of costs incurred and an explanation of the appeals process set forth in Section 111 of the International Property Maintenance Code. The order shall additionally state that failure to pay within 30 calendar days or timely appeal will result in the charge being certified to the County Fiscal Officer for collection as other taxes and assessments are collected.
(D) If within 30 calendar days after the mailing of the order, the cost is neither paid nor timely appealed, it may be certified to the County Fiscal Officer for collection as other taxes and assessments are collected or the city may seek recovery of such costs by civil action against the property owner involved. An affidavit of facts shall be filed if more than $1,000 has been expended by the city in abating the violation.
(Ord. 22-2021, passed 5-11-21)