4139.5. - ABATEMENT.

If any provision of the findings and determination issued pursuant to Section 4139.3.2 be not complied with within the time therein specified, and irrespective of whether or not a criminal complaint is issued or prosecuted under Section 4139.4, the Chief of Police may abate the nuisance and for such purpose, the Chief of Police may enter upon the premises and relocate the animals or birds thereon or remove the animals or birds therefrom.

All birds or animals removed pursuant to the preceding Section shall be delivered to the pound master for safekeeping or disposal pursuant to Part 1 of this Chapter. After completion of any such relocation or removal, the Chief of Police shall prepare and transmit to the Council a statement of the costs and expenses of such relocation or removal, which costs and expenses shall include administrative overhead expenses. The Chief of Police shall also transmit by registered mail or by personal delivery a copy of such costs and expenses to the person against whom the same is to be charged, together with the notice of the time and place at which the Council shall consider and pass upon such statement of costs and expenses, which time shall not be less than ten (10) days after such service of the notice herein described. At the time specified in such notice, the Council shall consider the costs and expenses incurred in such relocation or removal and by resolution shall determine the amount of such costs and expenses and shall order and shall cause the same to be paid and levied as a special assessment against the real property upon which the work was performed.

In addition to the foregoing, the Chief of Police may execute a Notice of Lien describing the real property upon which any work was performed under the preceding Section, the authority under which such work was done, the cost of such work as determined by the Council, and specifying that such amount shall bear interest at the rate of six percent (6%) per annum from date of the Council's determination of cost until the same is paid and may record the same in the office of the County Recorder.