City Code Chapter
10.80.010 Summary Abatement Authorized.
(Amended by Ordinance 191000, effective October 21, 2022.)
- The Director may determine that the failure or non-existence of erosion, sediment and pollutant control measures as required by this Title or the Erosion and Sediment Control Manual constitute a nuisance presenting an immediate threat of injury to the public health, the environment, or public or private property. Such nuisances will be subject to the requirements of this Chapter. In cases where the Director determines it is necessary to take immediate action in order to meet the purposes of this Title or the Erosion and Sediment Control Manual, summary abatement of such nuisance is authorized.
10.80.020 Notification Following Summary Abatement.
(Amended by Ordinance 191000, effective October 21, 2022.)
- A. When summary abatement is authorized by this Title or the Erosion and Sediment Control Manual, the decision regarding whether or not to use summary abatement will be at the Director’s discretion. In case of summary abatement, notice to the Responsible Party prior to abatement is not required. However, following summary abatement, the Director will post upon the development site liable for the abatement a notice describing the action taken to abate the nuisance.
- B. Additional Notification by Mail.
- 1. Upon posting of the notice described in Subsection A above, the Director will cause a notice to be mailed to the Owner at the Owner’s address as recorded in the county assessment and taxation records for the property. The mailed notice will include the content described in the Erosion and Sediment Control Enforcement Administrative Rule.
- 2. An error in the name of the property Owner or address listed in the county assessment and taxation records will not render the notice void but in such case the posted notice will be deemed sufficient.
10.80.030 Financial Responsibility.
- A. Whenever a nuisance is abated under this Title, the Director will keep an accurate account of all expenses incurred, including any civil penalties plus 100 percent of contractor’s costs for each nuisance abated. When the City has abated a nuisance maintained by an owner of real property, for each subsequent nuisance which is abated by the City within two consecutive calendar years concerning real property, owned by the same person, an additional civil penalty of 50 percent (minimum of $100) of the cost of abatement will be added to the costs charges and civil penalties provided for in this Subsection. The additional civil penalty will be imposed without regard to whether the nuisances abated by the City involve the same real property or are of the same character.
- B. When a property meets the conditions for costs or penalties as described in this Section, the Director will file a statement of such costs or penalties with the Revenue Division. Upon receipt of the statement, the Revenue Division will mail a notice to the property Owner, stating the City’s intent to assess the property in question the amount due plus charges to cover the costs of the Revenue Division. In the event that the amount due as set forth in the notice is not paid in full within 30 days of the date of notice, the Revenue Division will enter the amount of the unpaid balance, plus charges to cover administrative costs of the Revenue Division, in the Docket of City liens, which will therefore constitute a lien against the property.