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The city treasurer, in coordination with the inspector and the other city officers or employees responsible for performing, or contracting for the performance of, abatement work, shall prepare an itemized statement of all expenses incurred in the abatement of the conditions described in this chapter, together with all administrative costs incurred by the city, and shall mail a copy thereof to the owner demanding payment within thirty (30) days of the date of mailing. Said notice shall be considered delivered when mailed by certified mail addressed to the property owner's last known address.
(Ord. 2005-29, 5-24-2005)
In the event the owner or occupant fails to make payment of the amount set forth in the statement described in section 12-8-7 of this chapter to the city treasurer within said thirty (30) days, the city treasurer may either cause suit to be brought in an appropriate court of law or refer the matter to the county treasurer as provided in this chapter.
(Ord. 2005-29, 5-24-2005)
A. Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the city shall sue for and receive judgment for all of said expenses of destruction and removal, together with all administrative costs incurred by the city, reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law.
B. Taxes:
1. In the event that the city elects to refer the expenses to the county treasurer for inclusion in the tax notice of the property owner, the city treasurer shall make in triplicate an itemized statement of all expenses and administrative costs incurred in the destruction and removal of the same and shall deliver the three (3) copies of said statement to the county treasurer within ten (10) days after the expiration of the thirty (30) day period. The city treasurer shall also provide to the county treasurer proof of service of the notice required under section 12-8-3 of this chapter under oath of the city officer or employee who served such notice.
2. Upon receipt of the itemized statement of all expenses, the county treasurer shall, in accordance with the requirements of section 10-11-4, Utah Code Annotated, forthwith mail one copy to the owner of the land upon which the abatement work was performed, together with a notice that objection in writing may be made within thirty (30) days to the whole or any part of the statement so filed. The county treasurer shall, at the same time, deliver a copy of the statement to the clerk of the board of county commissioners.
3. If objections to any statement are filed with the board, the board shall set a date for hearing, giving notice thereof, to the party objecting, the inspector, the city treasurer, and the city attorney's office and, upon the hearing of the matter, determine and fix the actual cost of the abatement work, reporting the findings to the county treasurer.
4. If no objections to the items of the account are made within thirty (30) days of the date of mailing such statement, the county treasurer shall certify and enter the amount of such statement on the assessment rolls of the county in the column prepared for that purpose otherwise, the county treasurer shall, within ten (10) days of the date of the action of the board of county commissioners, upon any objections filed, enter in the prepared column upon the tax rolls the amount found and certified by the board to be the cost of the abatement work.
5. If current tax notices have been mailed, the taxes so incurred may be carried over the rolls to the following year. After the entry by the county treasurer of the certified costs of such work, the amount so entered shall have the force and effect of a valid judgment of the district court, and shall be a lien upon the lands upon which the work was performed, and shall be collected by the county treasurer at the time of and in the manner provided for the payment of general taxes. The county treasurer shall send a copy of the certification to the city treasurer. Thereafter, upon payment, a receipt shall be acknowledged upon the general tax receipt issued by the county treasurer and the collected funds shall be reimbursed to the applicable abatement fund.
6. Pending receipt of the county treasurer's entry of the costs on the assessment rolls of the county and payment of such costs, the city treasurer may provide notice of pending lien by recording a notice in the records of the Weber County recorder's office.
(Ord. 2005-29, 5-24-2005)
The procedure and authority granted by this chapter shall be in addition to and not in lieu of procedures provided in other ordinances of the city which have heretofore been or may hereafter be enacted to accomplish the same or related purposes, and no ordinances are repealed by this chapter.
(Ord. 2005-29, 5-24-2005)
A. Causing Or Permitting Nuisance; Duty To Abate: It shall be unlawful for any owner or occupant of any lot, tract or parcel of land to cause or permit any nuisance as defined in section 12-8-1 of this chapter to be created or to remain upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises.
C. Misdemeanor: Any person violating the provisions of this chapter shall be guilty of a class B misdemeanor, punishable as provided under title 1, chapter 4 of this code. Every day that a violation continues shall be considered a separate offense and shall be punishable as provided herein.
D. Civil Penalties: Any person who owns or occupies any lot, tract or parcel of land and fails to abate within the required time period any nuisance defined in section 12-8-1 of this chapter, after service of notice pursuant to section 12-8-3 of this chapter, shall be liable for a civil penalty in the amount of one hundred twenty five dollars ($125.00) unless a greater civil penalty is required herein. If abatement of the same type of nuisance is required by the city a second time within the same season or calendar year as applicable, the owner or occupant shall be liable for a civil penalty in the amount of two hundred fifty dollars ($250.00). If abatement is required by the city a third time within the same season, the owner or occupant shall be liable for a civil penalty in the amount of five hundred dollars ($500.00). Notwithstanding the above, if the owner or occupant was assessed a civil penalty for the same type of violation on the same property in the prior calendar year or season, the owner or occupant shall be liable for a civil penalty in the amount of five hundred dollars ($500.00) upon any failure to abate within the required time period or upon any abatement performed by the city. Imposition and collection of such civil penalty shall comply with the procedures provided in title 1, chapter 4, article B of this code.
(Ord. 2005-29, 5-24-2005)