A. Whenever an order has been made pursuant to subsection 6.01.08D2 or D3 of this chapter and the owner or occupant of the yard, lot, parcel or premises fails or refuses to comply with such order, the persons authorized pursuant to section 6.01.03 of this chapter are hereby authorized to remove, abate or contract for the removal or abatement of such nuisance.
B. The costs and expenses incurred by persons authorized pursuant to section 6.01.03 of this chapter in the removal or abatement of any nuisance pursuant to any order made in accordance with subsection 6.01.08D2 or D3 of this chapter shall be paid by the owner or occupant of the yard, lot, parcel or premises upon which such nuisance has been found to exist. If not paid, such costs and expenses may be recovered by the following special tax assessment procedure:
1. Once the persons authorized pursuant to section 6.01.03 of this chapter have abated the nuisance he shall file a report of the proceedings and an accurate account of the costs involved in abating the nuisance with the county clerk.
2. The county clerk shall thereafter set the account and report for a hearing by the board of county commissioners. Prior to the hearing, the county clerk shall post a copy of the report and account and give proper notice of the time and place of hearing.
3. The board of county commissioners shall thereafter consider the report and account at the time set for hearing, together with any objections or protests by any person interested therein who presents a written or oral protest or objection to the report and account. At the conclusion of the hearing, the board of county commissioners shall either approve or disapprove the report and account as submitted, or as modified or corrected by the board. The amount so approved shall be liens upon the respective lots or premises affected and the board shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, and determining that such matters as set forth in section 6.01.02 of this chapter did constitute a public nuisance. It shall be the duty of the persons authorized pursuant to section 6.01.03 of this chapter or their authorized representatives to see that such lien is filed.
4. Thereafter the county assessor shall make an assessment roll and levy a special assessment upon the said premises and against the person chargeable therewith, and after such levy he shall transfer the assessment roll to the county clerk/treasurer who shall thereupon record the same in his office. The special assessment shall constitute a lien upon the premises assessed and shall remain such until paid. Such assessment shall be due and payable upon recording, and if not paid when due it shall be the duty of the county clerk/treasurer to sell the property. The assessment shall be due in one sum and shall not be divided into installments.
5. As an alternative remedy, the costs and expenses of nuisance removal may be recovered in a civil action to be instituted by the board against such owner or occupant. (Ord. 511, 7-5-2007)