12.80.040 Abatement.
(1) Immediate Abatement. The City Engineer is authorized to require immediate abatement of any violation of this title that constitutes an immediate threat to the environment or the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the City Engineer, the City of Millersburg is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Millersburg shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this title.
(2) Abatement by the City. If the violation has not been corrected pursuant to the requirements set forth in any enforcement action issued by the City Engineer under this chapter, or in the event of a decision of an appeal under MMC 12.80.070, within 10 days of the decision of the City Council or Appeal Hearings Officer upholding the decision of the City Engineer, the City or a contractor designated by the City Engineer may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.
(3) Recovery of Abatement Costs. Within 30 days after abatement of the nuisance by the City, the City Engineer or his/her designee may prepare a summary of all costs incurred to abate the nuisance, including administrative costs. This summary of costs may be delivered to the same person or persons to whom the enforcement action was sent per MMC 12.80.020, or their successors in title, and shall advise of the City’s intent to assess said costs against the real property and shall further advise the owner/owners of their right to a hearing before the City Council prior to assessment upon receipt by the City Engineer, within 15 days of the date of receipt of notice, of a written request for a hearing.
(a) If the costs of abatement are not paid to the City within 30 days from the date of the receipt of the summary of costs, said summary shall be presented to the City Council and if the Council finds said costs to be reasonable, the Council shall pass an ordinance or resolution directing the amount of said costs be entered in the docket of City liens; and upon such entry being made, said costs shall constitute a lien upon the property in question. Prior to passing said ordinance or resolution, the Council will afford the property owner/owners a right to be heard by the Council if a written request for hearing has been received by the City Engineer within 30 days of the date of mailing of the aforesaid summary of costs.
(b) The lien shall be enforced and shall bear interest at a rate to be determined by the Council at the time of the ordinance or resolution referred to above. The interest shall commence from the date of entry of the lien in the lien docket and shall have priority over all other liens and assessments to the maximum extent permitted by law.
(c) An error in the name of the property owner/owners/agents shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. (Ord. 166, passed 12-10-2019)