A. Costs incurred by the city to abate a nuisance shall include, but are not limited to, sums paid to a third party for services provided in abating the nuisance, the salaries and benefits earned by city employees engaged in abating the nuisance, a reasonable charge for city machinery or equipment used, and such other reasonable costs and expenses as may have been incurred.
B. After action to abate a nuisance has been completed, the city shall send to the property owner an itemized written statement of nuisance abatement costs and related fees and charges. The written statement shall be sent by ordinary mail to the property owner at its last known address as shown by the records of the county auditor no less than seven (7) days before the date of mailing. The statement shall be immediately due and payable and shall become delinquent if not paid within fourteen (14) days after the date of the statement.
C. A person who has been charged nuisance abatement costs may file an appeal in writing with the city clerk within fourteen (14) days of the statement date. An administrative fee, as set forth in a schedule of fees determined by the city council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the statement shall thereupon become final. Appeals shall be heard by the city council or a committee designated by the city council. The city clerk shall notify the person filing the appeal and the enforcement officer of the date, time and place for the appeal hearing. Notice shall be mailed to the person filing the appeal by ordinary mail. The hearing shall be scheduled for a date within twenty (20) days after the filing of the appeal, unless the person filing the appeal requests an extension of not more than fourteen (14) days. The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this subsection is to promote the prompt and speedy resolution of disputes. The person filing the appeal may be represented by counsel at such person's own expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense. After such hearing, the city council or designated committee shall determine whether the amount of the assessment should be affirmed, reduced, or waived. The decision shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa district court as provided by law. If the amount of the assessment is reduced by over half or waived, the appeal filing fee shall be refunded to the person who filed the appeal.
D. All cost and expense of the city in abating a nuisance, and all other related fees and charges, shall, if and to the extent not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code section 364.12 for collection in the same manner as a property tax. (Ord. 4980, 12-14-2009)
WA530 8-4A ()CHAPTER 4
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