(A) If no appeal is filed from the finding of the Building Inspector within a 30-day period or Council affirms the findings of the Building Inspector and determines the building, dwelling or structure involved is a public nuisance, the Building Inspector shall request from the City Manager that an ordinance be prepared and presented to Council authorizing the City Manager or his designee, 60 days after earliest date permitted by law, to enter upon such premises and the owner shall permit him entry to abate the nuisance by demolition and removal of the structure or by taking any other such action as may be required.
(1) Within five days of the passage of the ordinance authorizing the City Manager or his designee to abate the nuisance, the Building Inspector shall send by certified mail a copy of the ordinance to all owners of record.
(2) Immediately before the entry to abate the nuisance by demolition and removal of the structure or by taking other such action as may be required, the Building Inspector shall request fromt eh Law Director an updated title opinion. Upon receipt from the Law Director of the updated opinion of title, the Building Inspector shall certify by a written affidavit with a proper notary affirmation to the City Manager that all owners have been notified of the pending abatement. Further, the affidavit must state that the Building Inspector has sent all owners a copy of the ordinance authorizing the City Manager or his designee to abate the nuisance.
(3) Only after the City Manager has received the notarized affidavit of the Building Inspector, stating that all owners have been notified of the abatement, can the City Manager authorized the abatement proceed. The City Manager shall authorize the abatement nuisance in writing, containing an acknowledgment by the City Auditor that funds are available for the abatement of the nuisance. The City Manager or City Auditor may request from the Law Director that he obtain title insurance policy. The cost of the title insurance policy shall become part of the cost of the abatement.
(B) In abating such nuisance the City Manager or his designee may call upon any department of the city for whatever assistance may be necessary, or may, by private contract, obtain the abatement thereof. The cost of such private contract shall be paid for from city funds specifically authorized by Council in order to abate such public nuisances.
(C) In abating such nuisance he may go to whatever extent necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:
(1) The owner or owners shall be billed directly by certified mail for the cost of the abatement. The bill for the cost of the abatement shall be paid within 60 days after receipt of the bill.
(2) If not paid within the 60-day period, it may be certified to the County Auditor. The City Auditor or his designee may certify the total cost of such abatement, together with a proper description of the lands, to the County Auditor who shall place the cost upon the tax duplicate. The costs are a lien upon such lands from and after the date of entry. The cost shall be collected as other taxes and returned to the city or the city may recover the cost by any other legal means available to it.
(‘73 Code, § 1329.07) (Ord. 20-87, passed 7-22-87; Am. Ord. 9-2008, passed 7-9-08)