(A) Citation for violation. If the officer finds that an environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate § 95.44 or the public notice to abate of § 95.44, that officer may cause a citation for violation of city ordinance to be issued to the offending property owner.
(B) Abatement by city of private property. In addition to the issuance of a citation for violation of city ordinance under division (A) of this section, and after the time for an appeal has expired under § 95.46, the officer shall make a written request to the city to abate the environmental public nuisance and shall thereafter furnish the City Controller with a statement of the actual cost as calculated pursuant to division (C) of this section. The actual abatement may be assigned to a city department or contracted out through standard procedures.
(C) Responsibility of offender for costs of enforcement. The Code Enforcement Department shall make a statement of the costs incurred in eliminating the environmental public nuisance. The costs shall include: cost or removal of the environmental public nuisances, administrative fees, attorney fees if the court ordered enforcement is necessary and all recording fees associated with the collection of the outstanding balances. The following fees shall be charged:
(1) Administrative fees: $100. These fees would cover such administrative tasks as inspecting the property to determine violation, to determine compliance, determining ownership and preparing and mailing notices.
(2) Attorney fees. This fee shall cover the legal time on an hourly basis necessary to enforce this subchapter in court for each violation.
(3) Labor and fees. The following labor fees per person, per hour or fraction thereof, shall apply for labor necessary to abate an environmental public nuisance:
(a) Operator/driver/laborer w/o CDL: $20;
(b) Operator/driver/laborer w/CDL: $25;
(c) Supervisor: $40;
(4) Equipment fees. The following equipment fees per machine, per hour or fraction thereof, shall apply for the use of each piece of equipment necessary to abate an environmental public nuisance.
(a) Pick-up truck: $25;
(b) Tractor/bush hog: $30;
(c) Backhoe: $45;
(d) Dump truck: $40;
(e) Packer: $50;
(f) Loader: $65.
(5) Any landfilling fees actually incurred to dispose of litter and waste product removed.
(6) Any other reasonable fees actually incurred in abating an environmental public nuisance. Said statement shall be delivered to the property owner 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 Environmental Public Nuisance Account.
(D) Failure to pay. The city shall have the following options should an owner fail to pay:
(1) If the owner fails to pay the amount within ten days after receiving a statement, a copy of all costs may be filed in the office of the Auditor of Grant County 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, subject to the limitations above.
(2) The city may file the citation in the Marion City Court and seek the costs.
(3) The city may seek the recovery of the costs plus attorney fees in the county courts.
(Ord. 10-2005, passed 4-5-2005)