A. Abatement Notice:
1. Upon determination by the City Manager, or his designate, that a nuisance exists as defined in this Code, a notice shall be posted on the premises liable for the nuisance directing removal or abatement.
2. At the time of posting, the City shall mail notice to the owner or agent in charge of the property at the last known address of the owner or agent by regular and by certified mail with return receipt.
3. The notice to abate shall contain:
a. A description of the real property, by street address or otherwise, on which or adjacent to which the nuisance exists;
b. A direction to remove the nuisance within ten (10) days from the date of the notice;
c. A description of the nuisance;
d. A statement that unless the nuisance is removed or abated within ten (10) days, or a protest is filed pursuant to subsection C of this section, the City will abate the nuisance and the cost thereof shall be a lien against the property;
e. A statement that the owner or agent in charge of the property may protest the action by actual delivery of notice to the City Manager, or his designate as provided in the notice, within ten (10) days from the date of the notice.
4. The person posting and mailing the notice as provided herein shall, upon completion of the posting and mailing, execute and file in the Office of the Finance Director a certificate stating the date and place of mailing and posting.
5. An error in the name or address of the owner or agent in charge of the property or the use of a name other than that of the owner or agent shall not make the notice void and in such case the posted notice shall be deemed sufficient.
B. Abatement By The Owner:
1. Within the time allowed by the notice as provided in subsection A3 of this section, the owner or agent in charge of the property shall remove and abate the nuisance or show that no nuisance exists.
2. Upon the City's determination that a nuisance does in fact exist, the owner or agent in charge shall within a reasonable time, but not more than ten (10) days, remove or abate the nuisance.
C. Protest Of Notice:
1. The owner or agent in charge of the property may, within ten (10) days of the posting of the notice, file with the City Manager or his designate a written statement protesting the notice of abatement. Such statement shall specify the bases for protesting.
2. If the owner or agent in charge of the property protests the abatement as provided in this subsection, and if the notice of protest is filed with the City Manager or his designate, a hearing shall be held before the City Manager, his designate, or a Hearings Officer, who shall decide if a nuisance exists by substantial evidence on the record. If the City Manager, his designate, or a Hearings Officer decides that a nuisance exists, the owner or person in charge of the property shall cause the nuisance to be abated as directed by the City Manager, his designate, or the Hearings Officer. If the nuisance is not so abated, the owner or person in charge of the property is in violation of this Code and the City may abate the property as provided in this Code and the cost thereof shall become a lien on the property.
3. A hearing held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases as provided by Oregon Revised Statutes 183.450.
4. In the event the owner or person in charge of the property disagrees with the decision of the City Manager, his designate, or the Hearings Officer, he shall have the right to appeal the decision by filing with the City Manager or his designate a notice of appeal within seven (7) days from the date of the decision. Such notice shall be in writing and shall set forth the reasons for the appeal. The appeal shall be heard by the City Council, as part of the Council's regular agenda, at the next succeeding meeting of the Council or at such time thereafter as the City Manager shall determine, but no later than sixty (60) days after filing. After notice to the parties, at the time set for consideration of the abatement, the owner or person in charge of the property may appear and be heard by the Council and the Council shall thereupon determine whether or not a nuisance in fact exists. Such determination shall be entered upon the official minutes of the Council. Determination shall be required only in those cases where an appeal has been filed as allowed by this section. If the City Council determines that a nuisance does in fact exist, the owner or person in charge of the property shall, within ten (10) days of the Council determination, abate such nuisance. If the nuisance is not so abated, the owner or person in charge of the property is in violation of this Code and the City may abate the property as provided in this Code and the cost thereof shall become a lien on the property.
D. Abatement By The City:
1. If within the time fixed, as provided in this section, the nuisance has not been abated by the owner or agent in charge of the property, the City shall cause the nuisance to be abated.
2. The City shall maintain an accurate record of the expense incurred by the City in abating the nuisance and shall include therein an overhead charge of ten percent (10%) for the total cost for administration.
3. The total cost, including the administrative overhead, shall thereupon be assessed to the property as hereinafter provided.
E. Assessment Of Cost:
1. A notice of the assessment shall be forwarded by certified mail with return receipt to the owner or agent in charge of the property by the Finance Director. The notice shall contain:
a. The total cost, including administrative overhead, of the abatement.
b. A statement that the cost as indicated will become a lien against the property unless paid within sixty (60) days.
c. A statement that if the owner or agent in charge of the property objects to the cost of the abatement as indicated, he may file a notice of objection with the Finance Director within thirty (30) days from the date of the notice.
d. Notice that the fee for recording in the County Deed Records will be added.
2. Objections to the proposed assessment shall be heard and determined by the City Manager or his designate.
3. An assessment for the cost of the abatement as determined by the City Manager or his designate and adopted as a matter of record by resolution of the Council shall thereupon be entered in the docket of City liens, and upon the entry being made, it shall constitute a lien against the property from which the nuisance was removed or abated. Also, it shall be recorded in the County Deed Records.
4. The lien shall be collected in the same manner as liens are collected in Oregon Revised Statutes 223.505 et seq., and shall bear interest at the rate allowed for interest on judgments. The interest shall commence to run thirty (30) days after the entry in the lien docket.
5. An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property.
F. Additional Procedure: The procedure provided by this section is not exclusive but in addition to procedures provided by other ordinances, and furthermore, the Chief of Police, or any other official designated by the City Manager may proceed summarily to abate a sanitary or other nuisance which exists and from which there is imminent danger to human life or property. (Ord. 829, 10-2-2018)