§ 98.03 ASSESSMENT OF COSTS.

   (A)   The City Council shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance and shall include therein a charge of $15 or 15% of those expenses, whichever is greater, for administrative overhead.

   (B)   The City Council by registered or certified mail, postage prepaid, shall forward to the persons in charge of the property and any person with a recorded interest in the property a notice stating:

      (1)   The total cost of abatement, including the administrative overhead;

      (2)   That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice, and shall be the personal obligation of the person or persons in charge of property; and

      (3)   That if the person in charge of property objects to the costs of the abatement as indicated, the person may file a notice of objection with the City Council not more than ten days from the date of the notice.

   (C)   After the expiration of ten days following the date of the notice, but in the regular course of business, the council shall hear and determine the objections to the costs assessed. Upon such determination, the amount of the costs assessed shall be the personal obligation of the person or persons in charge of the subject property.

   (D)   If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by the council, shall be made by resolution and shall thereupon be entered in the docket of city liens. Upon the entry being made, it shall constitute a lien upon the property from which the nuisance was removed or abated.

   (E)   The lien and personal obligation to pay shall bear interest at the rate of 9% per annum. The interest shall begin to run from the date the City Council determines by resolution the amount of the assessment. The City Council may foreclose the lien in accordance with O.R.S. 223.505 through 223.650, and in accordance with any other legal procedures available at law or in equity.

   (F)   Neither an error in the name of the person in charge of property nor a failure of such person to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid personal obligation and lien against the property.

(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)

§ 98.04 LIABILITY.

   (A)   Any person in charge of property containing vegetation in violation of this chapter shall be liable to any person who is injured or otherwise suffers damage by reason of such vegetation or the by reason of a failure to abate or removed the same.

   (B)   Neither the city, or any of its officers, agents, employees, or city council members, shall be liable to any person who is injured or otherwise suffers damage by reason of vegetation existing in violation of this chapter. However, if this exemption from liability is unenforceable, and in any event, the person in charge of the subject property shall be primarily liable to the injured party and shall indemnify the city, its officers, agents, city council members, and employees, for any judgment against any of them, and shall be liable to them for any expense paid or incurred, including attorney’s fees, to defend themselves or to settle the claim of any injured person.

(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)

§ 98.05 JOINT AND SEVERAL RESPONSIBILITY.

   If more than one person is a person responsible or liable under any provision of this chapter, they shall be jointly and severally liable.

(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)