§ 14-49. Removal of public nuisance by owner, lessee or occupant; removal by county; assessment of costs; recordation and priority of lien.

(a)

Duty to remove. The owner, lessee or occupant of real property shall remove or otherwise abate a public nuisance located thereon within 30 calendar days after service of a notice to abate as provided herein.

(b)

Notice to abate. The notice to abate shall be served by the county attorney on behalf of the board not less than 30 calendar days before the date for compliance and shall include the estimated cost of removal if the owner, lessee or occupant does not comply. The estimated cost may be provided by a qualified contractor or may be a good faith estimate by the department initiating the notice to abate.

(c)

Service of notice to abate. The notice to abate shall either be personally served or mailed by certified mail to the owner, lessee or occupant at his last known address to which the tax bill for the property was last mailed. If the owner does not reside on the property, a duplicate notice shall also be sent to the owner at his last known address. The notice shall be deemed as served five days after the notice is mailed. Notice shall be also posted on the property.

(d)

Appeal of notice to abate. Any person receiving a notice to abate may appeal to the board of supervisors as follows:

(1)

Notice of appeal. A written notice of appeal shall be filed with the clerk of the board within 15 days after the notice to abate was served or actually received by mail (as evidenced by the certified mail receipt) as per subsection (c) of this section.

(2)

Contents of notice of appeal. The notice of appeal shall state in reasonable detail why the appellant should not be required to comply with the notice to abate.

(3)

Hearing on appeal. Upon receipt of the notice of appeal, the board shall place the matter on the agenda for its next regular meeting. The department which initiated the notice to abate shall appear and present evidence of the existence of the public nuisance. The appellant may present evidence controverting the existence of the public nuisance. The hearing shall be informal and without regard to the rules of procedure or evidence governing court proceedings. The board shall hear and decide the appeal, and its decision shall be final.

(4)

Extension of time for compliance. If the board's decision is adverse to the appellant, the date for compliance set forth in the notice to abate shall be extended by the number of days elapsing between the filing of the notice of appeal and the rendering of the board's decision.

(e)

Removal by board. If the owner, lessee or occupant fails to remove or otherwise abate the public nuisance within 30 calendar days (or such extension thereof as may be granted in writing by the board or their authorized agent), the board, or their authorized agent, may, at the expense of the owner, lessee or occupant, remove or abate the public nuisance or cause it to be removed or abated; provided, however, that if such removal or abatement is not undertaken within 180 days after the right to do so first accrues, a new notice to abate shall be served as provided in subsection (c) of this section.

(1)

Cost of removal. The cost of removal or abatement shall not exceed the estimate set forth in the notice to abate. Before undertaking the actual removal or abatement, the department which initiated the notice to abate shall attempt to obtain at least three written estimates from qualified contractors (if available locally) and shall accept the lowest such estimate. Alternatively, the removal or abatement may be performed by the county personnel or the county's authorized agent, and the cost shall be deemed to be the cost of abatement, and three written estimates are not required.

(2)

Dilapidated buildings. Before the removal of a dilapidated building, the board shall consult with the state historic preservation officer to determine if the building may be of historical value. Upon the removal of a dilapidated building, the county assessor shall adjust the valuation of the real property on the property assessment tax roll from the date of removal.

(3)

Assessment. Upon the removal or abatement of the public nuisance as provided in subsection (e)(1) of this section, the actual cost of removal or abatement incurred by the county, together with the actual costs of any additional inspections and other incidental costs, shall be an assessment against the real property on which the public nuisance was located. The form of the assessment (setting forth the facts supporting it, as well as the amount) shall be approved by the board and signed by the chairman.

(4)

Notice of assessment. A notice of assessment shall be served in the same manner as the notice to abate. The notice of assessment may be appealed in the same manner as the notice to abate.

(5)

Recordation of assessment. If the owner, lessee or occupant fails to pay the assessment within 30 calendar days after receipt of the notice of assessment (or any extension as may be granted in writing by the board or their authorized agent), the assessment shall be delinquent and may be recorded in the office of the county recorder. The assessment shall be a lien against the real property from and after the date of recordation and shall accrue interest at the statutory judgment rate until paid. The lien of the assessment shall be subject and inferior to the lien for general taxes and all prior recorded mortgages and encumbrances.

(6)

Foreclosure. The board may, but shall not be obligated to, bring an action to enforce the assessment lien in the county superior court at any time after the recordation of the assessment. The recorded assessment is prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings before the recordation thereof.

(7)

No bar to subsequent assessments. A prior assessment under this article is no bar to a subsequent assessment, and any number of liens on the same real property may be enforced in the same action.

( Ord. No. 98-02 , exh. A, part III, 11-2-1998)