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Enforcement of any notice and order of the City Manager issued under this code, including the imposition of administrative penalties, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2 (part), 2001).
Where the terms of a notice and order have not been complied with, or where the form of abatement so requires, the City Manager or his/her designee may set an order to show cause hearing (hereinafter, "OSC") before the Board of Appeals. The procedures for providing notice, conducting the hearing, providing a final written determination, and any other relevant actions shall comport with this Chapter. (Ord. 2004-10 § 2(part), 2004)
If the Board of Appeals may uphold, modify, or overrule the City Manager's determination of nuisance, and proposed abatement, through the issuance of an administrative decision and order. Where abatement is ordered, the Board shall order the City Manager to abate the nuisance. The administrative decision and order shall be served pursuant to Section 8.24.060 of this code. The administrative decision and order shall be served within ten days after the hearing. The administrative decision and order shall be final and conclusive. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
If such nuisance is not abated as ordered within the abatement period, the manager shall cause the same to be abated by city employees or private contracts. In appropriate circumstances, the Manager shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes. The cost, including administrative costs, attorneys fees and other incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term “administrative costs” shall include, but not be limited to, documenting the nuisance; the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
This section establishes procedures for the recovery of administrative costs, as well as attorneys fees and costs, incurred by the city in the enforcement process, for the abatement of conditions defined as a nuisance. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
For the purposes of this chapter, costs means administrative costs, including staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, reports, telephone contacts, correspondence and meetings with affected parties, as well as all attorneys fees incurred pursuant to abatement proceedings, including but not limited to filing fees, fees for witnesses, drafting and reviewing legal documents, and preparing for and appearing at judicial proceedings. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
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