A. Scope: Costs incurred by the City in the abatement of any nuisance, including all hearings and legal expenses, shall be assessed jointly and severally against the person causing or permitting the nuisance to occur. However, costs and expenses incidental to a temporary abatement shall not be assessed if the Council, after hearing, determines there to have been no nuisance or the responsible party made a good faith effort to avoid the occurrence of the nuisance and took reasonable efforts to mitigate or terminate the nuisance.
B. Waiver: The Council retains discretion to waive in whole or in part the assessment of costs incurred where it determines hardship or equity would be served by such.
C. Property Lien: Costs assessed by the Council shall constitute a lien upon the property and enforced as provided by Idaho Code title 45, chapter 5, concerning real property and chapter 8 as to personal property and Idaho Code section 45-805b as to livestock and pets of all species.
D. Affidavit Of Costs; Objection: Costs shall be established by affidavit or evidence as the Mayor or presiding officer of the hearing shall direct with opportunity for the party against whom costs are to be assessed to object. (Ord. 102, 6-9-2004)