Chapter 23.120
ABATEMENT BY THE CITY

Sections:

23.120.010    Abatement.

23.120.010 Abatement.

(1) Upon prior approval by the City manager, the City may abate a condition which was caused by or continues to be a civil violation or civil infraction when:

(a) The terms of the VCA pursuant to this title have not been met; or

(b) A notice and order or stop work order has been issued, the period for filing an appeal with the hearing examiner has expired, and the required correction has not been completed; or

(c) A notice and order or stop work order has been issued, a timely appeal was filed, the appellant failed to appear at the scheduled hearing or a hearing was held as provided in this title and the required correction has not been completed by the date specified by an order of the hearing examiner; or

(d) The condition is subject to summary abatement as provided for in this chapter or other provisions of City or state law.

(2) Summary Abatement. When a code violation causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety, or welfare or to the environment, the City may summarily, and without prior notice to the person responsible, abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.

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

(4) No Cause of Action against City. No cause of action shall lie against the City or its agents, officers, or employees for actions reasonably taken, or not taken, to prevent or cure any immediate threats.

(5) Recovery of Expenses. All expenses incurred by the City in correcting the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within 10 calendar days. Such costs may include, but are not limited to, the following:

(a) “Legal expenses,” which shall include, but are not limited to:

(i) Personnel costs, both direct and indirect, including attorney’s fees and all costs incurred by the City attorney’s office or its designee;

(ii) Actual and incidental expenses and costs incurred by the City in preparing notices, contracts, court pleadings, and all other necessary documents; and

(iii) All costs associated with retention and use of expert witnesses or consultants.

(b) “Abatement expenses,” which shall include, but are not limited to:

(i) Costs incurred by the City for preparation of notices, contracts, and related documents;

(ii) All costs associated with inspection of the abated property and monitoring of said property consistent with orders of compliance issued by the City’s hearing examiner or a court of competent jurisdiction;

(iii) All costs incurred by the City for hauling, storage, disposal, or removal of vegetation, trash, debris, dangerous structures or structures unfit for occupancy, potential vermin habitat or fire hazards, junk vehicles, obstructions to public rights-of-way, and setback obstructions;

(iv) All costs incurred by law enforcement or related enforcement agencies;

(v) All costs incurred by the City during abatement of nuisance and code violations may include interest in an amount as prescribed by law; and

(vi) The City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity. (Ord. O2011-302 §2 (Att. A))