(A) If no abatement occurs by the owner, operator, employee, or tenant after the designated time period for remediation following the service of a notice as provided for in § 139.03, the city may enter the property and remediate the nuisance and the residential property owner, business property owner and/or lessee, and/or business operator of the property/business will be assessed the costs of abatement. If more than one person received a notice declaring a property a nuisance, the costs of abatement will be divided equally.
(B) The costs of abatement will be calculated based on the hourly wage of each participating city employee multiplied by the number of hours it is estimated will be required to abate the nuisance. The minimum charge shall be two hours for each participating city employee.
(C) If the abatement is not to be performed by a city employee, the cost of abatement by any third party or contractor hired by the city shall be used to determine the cost of abatement plus a 10% city administrative cost.
(D) If the party noticed fails to abate the nuisance, pay the costs of abatement, or file an appeal within the time period designated in the notice, the city may assess the cost of abatement against the property. Should the city elect this option, the city shall provide notice to the owner of the nuisance property of the city's intent to assess the costs of abatement against the owner's property at least 30 days before such costs are certified to the County Auditor for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. Any election of the city under this section does not affect or limit the city's right or authority to bring criminal prosecution under this chapter.
(Ord. 02-2023, passed 1-18-23)