Sec. 17.25. - Abatement cost report to be posted and mailed.

At least five (5) days prior to the date set forth in the report described in section 17.24, the enforcing officer shall cause a copy or copies of such report to be posted on or near the city council chambers door with a notice of the time and place at which the city council will receive and consider such report.

(Ord. No. 91-54, § 1, 11-13-91)

At the time and place specified in the report, the council shall hear and consider any and all evidence and objections regarding the cost of abatement. The hearing and consideration may be continued from time to time. At the conclusion of the hearing, the council shall, by resolution:

(1)

Determine the correct abatement cost;

(2)

If necessary, modify the cost report to conform to the correct abatement cost;

(3)

Confirm the report as presented or modified;

(4)

Set forth a general description of the property with information sufficient to identify the property to the county assessor.

The decision of the council shall be final.

(Ord. No. 91-54, § 1, 11-13-91)

(a)

The cost of abatement, as confirmed, shall be a:

(1)

Personal obligation of the person creating, causing, committing or maintaining the nuisance abated;

(2)

Lien against the subject property;

(3)

Personal obligation of the property owner of the subject property; and

(4)

Special assessment against the subject property.

(b)

The cost of abatement, as confirmed, may be collected by the city by any or all of the following or any other lawful means:

(1)

Recordation in the office of the county recorder of a certified copy of the resolution confirming the abatement cost report to give notice of the lien;

(2)

Civil action by the city;

(3)

Filing a certified copy of the resolution conforming the abatement cost report with the auditor of the county who shall enter the assessment on the county tax roll opposite the subject property. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, an assessment of five hundred dollars ($500.00) or

more may be made in annual installments, in any event not to exceed five (5), and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of deferred assessments shall bear interest on the unpaid balance at the rate of eight (8) percent per year.

(Ord. No. 91-54, § 1, 11-13-91)