(A) It shall be considered a public nuisance for a PODS or similar unit to be parked, placed, stored, located, used, or maintained in any manner contrary to this chapter and the city shall have the authority to abate any such violations.
(B) A PODS or similar unit that is not removed at the expiration of a permit, or after 15 days upon revocation of a permit by the Regulatory Compliance Department, the Regulatory Compliance Department may remove the PODS or similar unit from the property.
(C) The Regulatory Compliance Department may remove immediately and without notice a PODS or similar unit that is an immediate danger to health, life or safety of any person.
(D) Prior to abatement or removal of a PODS or similar unit under this section, the Regulatory Compliance Department shall send a written notice to the permittee or the owner of the property where it is located that states that if the violations are not corrected within ten days from the date of the notice the Regulatory Compliance Department will abate the violations and remove the PODS or similar unit.
(E) At the expiration of ten days after notification, the Regulatory Compliance Department may do such work as necessary or cause the same to be done in order that the PODS or similar unit is removed.
(F) If the Regulatory Compliance Department abates a violation under this chapter by removing a PODS or similar unit, the Regulatory Compliance Department may pay for the work and cause the expense thereof and a reasonable administrative fee to be assessed against the property where the PODS or similar unit was located or which the PODS or similar unit was serving. A bill for the actual cost incurred by the Regulatory Compliance Department for the abatement and a reasonable administrative fee shall be sent to the permittee or owner of the property where it was located or which the PODS or similar unit was serving. If the bill has not been satisfied within 30 days of the date the bill was sent, the Regulatory Compliance Department may file a statement with the County Clerk of the expenses incurred in the abatement and a reasonable administrative fee, and the city shall have a privilege lien on the property upon which the expense was incurred, second only to tax liens and liens for street improvements, and 10% per annum interest on the amount from the date the payment is due.
(G) For a lien established under this section, the city may bring a suit to recover the amount secured by the lien, and the city may seek foreclosure on the property subject to the lien. The statement of costs filed with the County Clerk under this section shall be prima facie proof in a suit brought under this section of the amount expended by the city for the work performed.
(Ord. OR-2305-23, passed 6-12-23) Penalty, see § 117.99