In order to defray the costs of enforcement of, and to encourage compliance with this chapter, the City Manager shall impose penalties on those properties which are found to be in violation of this chapter.
(Ord. 2081, passed 4-12-04)
(A) The city shall charge a penalty in the form of a monthly enforcement fee for each property found in violation of §§ 135.030 through 135.040 or §§ 135.050 through 135.053 of this chapter that meets the following conditions:
(1) The property is a subject of a notice of violation of this chapter as described in § 135.074;
(2) A response period of 30 days has passed since the effective date of the initial notice of violation; and
(3) The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.
(B) (1) The amount of the monthly enforcement fee shall be charged according to the Property Maintenance Regulations Fee Schedule as approved by resolution of the City Council.
(2) If all violations are not corrected within six months from the date of the initial notice of violation, subsequent enforcement fees shall be twice the amount stated in the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(C) Whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, they shall so notify the City Manager. Upon receipt of such notice, the City Manager shall promptly schedule an inspection of the property and shall notify the owner if any violations remain uncorrected.
(D) Once monthly enforcement fees begin, they shall continue until all violations listed in the first or any subsequent notice of violation have been corrected, inspected and approved.
(E) When a property meets the conditions for charging an enforcement fee as described in this section, the City Manager shall file a statement with the City Finance Director that identifies the property, the amount of the monthly fee, and the date from which the charges are to begin. The Finance Director shall then:
(1) Notify the property owner of the assessment of the enforcement fees;
(2) Record a property lien in the Docket of City Liens;
(3) Bill the property owner monthly for the full amount of enforcement fees owing, plus additional charges to cover administrative costs of the City Auditor; and
(4) Maintain lien records until:
(a) The lien and all associated interest, penalties, and costs are paid in full; and
(b) The City Manager certifies that all violations listed in the original or any subsequent notice of violation have been corrected.
(Ord. 2081, passed 4-12-04)
(A) Nuisances.
(1) Whenever a nuisance is abated by the city, the City Manager shall keep an accurate account of all expenses incurred for each nuisance abated including but not limited to abatement costs, civil penalties, administrative costs, recorders fees and chapter report charges according to the Property Maintenance Regulations Fee Schedule as approved by City Council.
(2) When the city has abated a nuisance maintained by any owner of real property, for each subsequent nuisance which is abated by the city within two consecutive calendar years concerning the real property, owned by the same person, an additional civil penalty according to the Property Maintenance Regulations Fee Schedule shall be added to the costs, charges and civil penalties provided for in division (A)(1) of this section. The additional civil penalty shall be imposed without regard to whether the nuisance abated by the city involved the same real property or are of the same character.
(3) Costs and penalties resulting from nuisance abatement shall be assessed as a lien upon the real property as provided in division (D).
(B) Disabled Vehicles.
(1) Whenever a vehicle is removed from real property by the city, the City Manager shall keep an accurate account of all expenses and penalties incurred for each disabled vehicle removed including but not limited to abatement costs, civil penalties, administrative costs, recording fees, and chapter report charges according to the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(2) Whenever a disabled vehicle, which has been tagged by the city, is removed from real property and placed on the public right-of-way, the owner of the real property shall be responsible for that vehicle. The City Manager shall remove the disabled vehicle from the right-of-way and keep an accurate account of all expenses and penalties incurred for each disabled vehicle removed including but not limited to abatement costs, civil penalties, administrative costs, recording fees and chapter report charges according to the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(3) Costs and penalties resulting from the abatement of disabled vehicles shall be assessed as a lien upon the real property as provided in division (D).
(C) Occupancy of property after notice of violation.
(1) Whenever an owner causes or permits a vacant structure or portion thereof to be occupied in violation of this chapter, a penalty according to the Property Maintenance Fee Schedule as approved by the City Council shall be imposed per structure or portion thereof.
(2) Costs and penalties resulting from the occupancy of property after notice of violation shall be assessed as a lien upon the real property as provided in division (D).
(D) When a property meets the conditions for assessment of costs and/or penalties as described in divisions (A), (B), or (C) above, the city code enforcement officer shall file a statement of such costs and/or penalties with the Finance Director. Upon receipt of the statement, the Finance Director. Upon receipt of the statement, the Finance Director shall mail an assessment notice to the property owner. The notice shall include the amount due plus charges to cover the administrative costs of the City Finance Director. At the same time the notice is mailed by the Finance Director, the Finance Director shall enter the amount due or the amount of the unpaid balance, plus charges to cover the administrative cost of the City Finance Director, in the Docket of City Liens which shall thereafter constitute a lien against the property. The property owner is responsible for paying all liens assessed against the property.
(Ord. 2081, passed 4-12-04)
(A) Whenever a building is demolished by the city, the City Manager shall keep an accurate account of all expenses incurred for each building demolished, including but not limited to abatement costs, civil penalties plus administrative costs according to the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(B) Costs and penalties resulting from the demolition by the city of any structure pursuant to this chapter plus charges to cover the administrative costs of the City Finance Director shall be assessed as a lien upon the real property on which the structure was located pursuant to the provisions of the code.
(Ord. 2081, passed 4-12-04)