Chapter 19.40
ABATEMENT

Sections:

19.40.010    Abatement by the city.

19.40.010 Abatement by the city.

A. The city may abate a condition that was caused by or continues to be a civil code violation when:

1. The terms of any voluntary compliance agreement pursuant to Chapter 19.20 MVMC have not been met; or

2. A notice of violation and order has been issued pursuant to Chapter 19.15 MVMC, no appeal was timely and properly filed and the required correction has not been completed; or

3. An order by any court of competent jurisdiction has been entered; or

4. The condition is subject to summary abatement as provided for in this section.

B. Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety, or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including reason for it, shall be given to the person responsible for the code violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats.

C. Authorized Action by the City. Using any lawful means, the city may enter upon the subject property and remove or correct the condition that is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.

D. Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the civil code violation and/or owner, lessor, tenant, or other person entitled to use and/or control of the property and shall be payable to the city within 30 calendar days. The term “incidental expenses” includes but is not limited to personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property, as set forth in Chapter 19.45 MVMC.

E. Account of Costs. The director shall keep an itemized account of costs incurred by the city in the abatement of any violation under this title. Upon completion of any abatement work, the director shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, including legal and incidental expenses, and interest accrued.

F. Code Compliance and Abatement Fund – Authorized. All monies collected from the assessment of civil penalties and for abatement costs and work, except those monies designated for the critical areas mitigation fund as set forth in Chapter 15.40 MVMC, shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund or other appropriate accounting mechanism. (Ord. 3440 § 1, 2008).