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<br />~ 14-17. Abatement by the City; Recovery of Costs and Expenses; Lien. <br /> <br />A. The City may abate a code enforcement violation when one or more of the following <br />conditions have occurred: <br /> <br />1. Voluntary correction by the Property Owner(s) could not be obtained; <br />2. A Warning Notice of Violation to the Property Owner(s) has been issued by <br />the City's Code Enforcement Department pursuant to Chapter 14 of the City <br />Code, and the required compliance has not been completed by the date <br />specified; or <br />3. The code enforcement violation is subject to summary abatement as provided <br />for hereinafter. <br /> <br />B. Summary abatement. Whenever any code enforcement violation causes a condition, the <br />continued existence of which constitutes an immediate threat to the public health, safety or <br />welfare or to the environment, including but not limited to (a) the accumulation of overgrown <br />grass, weeds, wild growth, rubbish, debris or other obnoxious matter on private property, (b) a <br />dangerous condition to an existing wall, tree, fence or building located on private property; or (c) <br />any other condition that annoys, injures, or endangers the safety, health, comfort or repose of the <br />public, the City may summarily and without prior notice abate the condition, regardless of <br />whether voluntary correction by the Property Owner(s) could not be obtained or a Warning <br />Notice of Violation has been issued. <br /> <br />Notice of such abatement, including the reason for its issuance, shall be given to the Property <br />Owner(s) of record as soon as reasonably possible, and may be given either before or after the <br />abatement. No right of action shall lie against the City or its agents, officers, or employees for <br />actions reasonably taken to prevent or cure any such immediate threats. A hearing may be held <br />or offered after the abatement, after notice, and if the hearing officer finds that a hazard existed <br />and that its immediate correction was necessary, the full amount of the City's costs and expenses <br />incurred in correcting the violation shall be billed against the Property Owner(s) and, if not paid, <br />shall be filed as a lien against the subject property. <br /> <br />C. Authorized Action by the City. Using any lawful means, the City or its authorized agents <br />may enter upon the subject property and may take preventative measures, remove or correct the <br />code enforcement violation that is subject to abatement. The City may use its own personnel <br />and/or resources to abate a violation. Alternatively, the City may hire outside contractors to <br />effectuate the necessary corrective measures. <br /> <br />D. Recoverv of Costs and Expenses. The costs of abating a code enforcement violation under <br />this Section, including all Incidental Expenses, shall be billed by certified or registered mail, with <br />a 5 (five) calendar day return receipt requested, to the Property Owner(s) of record at their last <br />known address and shall become due and payable to the City within 15 (fifteen) calendar days of <br />the date of mailing the billing for abatement. The term "Incidental Expenses" includes, but is not <br />limited to, personnel costs, both direct and indirect and including attorney's fees; costs incurred <br /> <br />Page 2 of 4 <br />