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(a) If no one complies with the Order to Abate within the prescribed time period, the County Abatement Officer may abate the public nuisance. The County may remove or destroy any property listed in the Order to Abate necessary to abate the nuisance. The County shall keep a separate account of the cost of abatement for each assessor's parcel involved in the abatement.
(b) When the County has completed the work of abatement, or has paid for the work, it shall bill the property owner for the actual cost of abating the nuisance, and the County's administrative costs, including reasonable attorney's fees. If the County waived the appeal fee pursuant to section 16.208 the fee shall be added to the abatement cost. If unpaid, the combined amounts shall be included in a bill and mailed to the owner or the owner's agent for payment. The bill shall state that if the bill is not paid 15 days from the date of mailing the County may impose a lien on the property.
(Amended by Ord. No. 9343 (N.S.), effective 6-22-01; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
If the County's bill for the abatement costs is not paid within 15 days from the date of mailing the County Abatement Officer shall submit an itemized written cost report to the Clerk for a confirmation hearing before a hearing officer. The Clerk shall attach to the report the names and addresses of all persons having any record interest in the property. At least 10 days before the hearing, the Clerk shall give notice of a confirmation hearing, by mail, to the record owner of each assessor's parcel involved in the abatement, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. The notice shall describe the property by street number or some other description sufficient to identify the property and contain a statement of the amount of the proposed assessment.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
At the hearing on the County Abatement Officer's cost report, the hearing officer shall review the evidence and the objections to the abatement costs from the owner and any other person who may have a legal interest in the property. The hearing officer shall determine the amount of the County's abatement costs that are reasonable and shall add an amount equal to the cost of conducting the confirmation hearing. The hearing officer may modify the report as the hearing officer deems necessary, after which, by resolution, the report shall be confirmed. The resolution and modified report shall be filed with the Clerk. The resolution and modified report of the hearing officer shall be final and may not be appealed.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A certified copy of the resolution shall be recorded by the Clerk in the Office of the County Recorder. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against the property and are a lien on the property for the amount of the respective assessment. In addition to its rights to impose the special assessment, the County shall retain the right to recover its costs in a civil action against the owner and any other person responsible for the abatement costs.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A copy of the confirmed report shall be turned over to the County Auditor on or before August 10 of each year, following the confirmation. The Auditor shall enter the amount of a special assessment imposed under this chapter against any parcels of land to which the assessment applies, listed on the current assessment roll. The Tax Collector shall include the amount of the assessment on bills for taxes levied against the respective parcels of land.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A special assessment imposed under this chapter shall be collected at the same time and in the same manner as County taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes are applicable to a special assessment for the cost of abating a nuisance.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) It shall be unlawful for any person to interfere with a County Abatement Officer or the officer's designee performing any act authorized under this chapter. It shall also be unlawful to refuse to allow any person authorized under this chapter to enter on property to abate a nuisance or to interfere with any authorized person performing abatement work.
(b) Paying a fine or serving a jail sentence shall not relieve any person of the responsibility to correct any violation of a code being enforced pursuant to this chapter or to pay the costs the County incurred to abate the nuisance.
(Amended by Ord. No. 7201 (N.S.), effective 10-16-86; amended by Ord. No. 9889 (N.S.), effective 10-26-07)