§ 14.50.030. Assessments.

A.

Where the violation relates to a condition on real property:

1.

Costs of compliance imposed under subsection 14.50.010A.6 which are incurred by the municipality for the repair, modification or improvement of any real property, any costs incurred by the municipality which are reasonably necessary for nuisance abatement or removal, and any civil penalty imposed as a result of a decision of the administrative hearings officer may be recorded as a lien upon the property which is the subject of the violation.

2.

The municipal department incurring such costs shall serve a complaint as set forth in section 14.30.020 for such costs on the owner, in person or by registered or certified mail, return receipt requested, and shall file a copy with the administrative hearings officer with proof of service attached. The administrative hearings officer shall treat the complaint as any other charging document following the procedures set forth in chapter 14.30. If the costs have been incurred prior to adjudication of the underlying violation, the assessment of costs may be included in the decision on the violation. If the responsibility for the violation has been adjudicated, the only issue at the hearing will be the amount of costs imposed. The administrative hearings officer shall forward the officer's decision on costs to the municipal treasurer in the same manner as other decisions. The treasurer shall develop a form for the recording of the lien and may cause the lien to be recorded.

3.

In addition to the lien imposed under this section, any person found to be in violation of this Code shall be personally liable for costs incurred by the municipality and for any civil penalty imposed by decision of the administrative hearings officer. In cases of persons found to be in violation of this Code as owners of property, the persons shall be personally liable under this subsection only if they have control of the property, and the legal authority to correct the violation, and knowingly have committed the violation.

B.

Where the violation relates to the condition or location of a vehicle, such as abandoned vehicle provisions or failure to resolve a vehicle equipment violation, the debt created by the decision of an administrative hearings officer may be recorded as a lien upon the vehicle in question.

(AO No. 93-167(S-1), § 1, 4-13-94)