This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this development code, in cases where no permit is required to correct a violation. The intent of this section is to recover city administrative and legal costs reasonably related to the required enforcement action(s).
A. Record of Costs. The city shall maintain records of all administrative costs, incurred by responsible city departments. associated with the processing of violations and enforcement of this development code, and shall recover the costs from the property owner, in compliance with this section. staff time shall be calculated at an hourly rate established and revised from time to time by the council.
B. Notice. Upon investigation and a determination that a violation of any provision(s) of this development code is found to exist, the code enforcement officer shall notify the record owner or any person having possession or control of the property by certified mail, of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.
C. Summary of Costs and Notice. At the conclusion of the case, the code enforcement officer shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice, in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.
In the event that no request for hearing is timely filed or, after a hearing during which the director affirms the validity of the costs, the property owner and/or person in control shall be liable to the city in the amount stated in the summary or any lesser amount determined by the director. These costs shall be recoverable in a civil action in the name of the city, in a court of competent jurisdiction within the county.
D. Request for Hearing on Costs. A property owner, and/or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the director on their objections to the proposed costs.
1. Request for Hearing. A request for hearing shall be filed with the department within ten days of the service by certified mail, of the department's summary of costs, on a form provided by the department.
2. Hearing. Within thirty (30) days of the filing of the request, and on ten days written notice to the owner, the director shall hold a hearing on the owner's objections and determine their validity.
3. Validity of Costs. In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include the following:
a. Whether the present owner created the violation(s):
b. Whether there is a present ability to correct the violation(s):
c. Whether the owner moved promptly to correct the violation(s):
d. The degree of cooperation provided by the owner: and
e. Whether reasonable minds can differ as to whether a violation(s) exists.
4. Appeal. The director's decision shall be appealable directly to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 182 § 2 (part), 1997)