§ 50-237. Payment of costs of enforcement and abatement.

(a)

The director shall keep an itemized account of the costs incurred in the abatement of any nuisance under this division and any fee, cost, or charge incurred as described in Government Code § 54988. All costs incurred by the city, including incidental expenses, of abating the nuisance, whether abated by city forces, the owner, or otherwise, shall become a civil debt of the owner and other responsible parties and shall be billed to the owner and become due and payable 45 days after notice thereof. The term "incidental expenses" shall include but not be limited to personnel costs, both direct and indirect; attorneys' fees; costs incurred in documenting the nuisance; the actual expenses and costs of the city in inspecting property and work, in preparation of notices, specifications, and contracts and in reinspecting property; the costs of printing and mailing the notices required under this division; and any administrative or recording costs charged by the county recorder.

(b)

The notice of the billed costs shall be mailed by certified mail to the last known address of the owner of the property. The notice shall advise the owner that, if payment is not received within the time specified, the director will request that the city council consider the costs at an upcoming city council meeting, of which notice will be provided to the owner pursuant to section 50-238, which meeting may result in the entire unpaid amounts due becoming a personal debt of the owner, that a special assessment be made against the owner's property, and that the amounts be made a lien on the owner's property, all as provided by this article or other applicable law.

(c)

The prevailing party in any action or administrative proceeding to abate a nuisance may recover reasonable attorneys' fees.

(d)

Any surplus realized from the sale of the building or recovered materials, over and above the cost of demolition and of cleaning the lot, shall be paid to the person lawfully entitled to such payment. The city is not under obligation to arrange for the sale of the building or any of the recovered materials. If the city does sell such property, the resulting proceeds shall be deemed reasonable under the circumstances.

(Ord. No. 2002-04, § 2(16B.05.015), 5-8-2002)