§ 95.07 LIABILITY FOR COSTS INCURRED IN ABATING THE VIOLATION.

   (A)   When a violation of § 95.04 is abated by action of the Department or its contractor under § 95.06, the owner(s) of record at the time the notice to remove trash and debris was sent is/are jointly and severally liable for the following costs:

      (1)   The actual cost of the work performed by the Department or the bid price of work accomplished by a contractor under § 95.06.

      (2)   An amount that represents a reasonable forecast of the average processing expense that will be incurred by the Department in taking the technical, administrative, and legal actions concerning typical trash and debris violations that are necessary to remove trash and debris may be performed by the Department or by a contractor under § 95.06. In calculating the amount of the average processing expense, the following costs may be considered:

         (a)   The cost of obtaining reliable information about the identity and location of the owner;

         (b)   The cost of preparing and mailing notices;

         (c)   The salaries and fringe benefits of employees;

         (d)   The pro-rated cost of motor vehicle operating costs for Department-owned vehicles or the cost of mileage for the use or employee’s private vehicles;

         (e)   The cost of supplies, equipment and office space.

   (B)   (1)   The Board of Public Works shall determine the amount of the average processing expense at a public hearing, after notice has been given in the same manner as is required for other official action of the Board.

      (2)   In determining the average processing expense, the Board may fix the amount at a full dollar amount that is an even multiple of 5.

(Ord. 12-2009, passed 4-27-2009)