§ 23.70.710. Recovery of costs by code official.

23.70.710.1 Responsibility for payment. The responsibility for payment of the charges for all expenses incurred during abatement by code official as set forth in this chapter shall rest solely upon the owners of the property upon which the abatement occurred. Owners, as used in this section, includes the record owner upon the date of service of notice and order as served under section 704, jointly and severally with any subsequent owner until all costs assessed under this chapter are paid in full.

23.70.710.2 Enforcement. The Municipality shall have the right to bring suit for the collection of charges for abatement as set forth in this chapter plus costs and attorney's fees against any or all of the parties responsible for payment.

23.70.710.3 Account of expense.

1.

The code official shall cause to be kept an account of the cost, including incidental expenses, incurred by the Municipality in the repair, demolition or removal of any building or structure done pursuant to the provisions of this chapter. Upon the completion of the work for repair, demolition or removal of the building or structure, the code official shall forward one or more bills for collection to the record owner as identified in this chapter, specifying the nature and costs of the work performed. Such costs shall be considered charges against the property and may be collected pursuant to this chapter or through any other legal means.

2.

The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the Municipality in the preparation of notices, specifications and contracts, overhead for account work, work inspection, and the cost of printing and mailing notices required hereunder.

3.

If the bill for collection remains unpaid thirty (30) days after mailing of notice to the record owner(s), the Municipality shall be entitled to late fees on the amount billed from the date of mailing until paid at the rate prescribed by law for delinquent real property taxes. Any payments made or received shall be first applied to accumulated late fees.

23.70.710.4 Lien procedure. Charges for the repair, demolition or removal of any building or structure done pursuant to the provisions of this chapter become a lien upon the real property upon which the building or structure is or was located. The code official shall record a claim of lien at the Anchorage District Recorder's Office. The Lien placed shall meet all Alaska Statutes and municipal codes.

23.70.710.5 Bill to collections. When charges for the repair, demolition or removal of any building or structure remain unpaid after thirty (30) days from the date the code official forwards an invoice for payment to the record owner as identified in this chapter, the code official shall forward the bill to collections as per Municipality policies and procedures.

23.70.710.6 Collection of abatement charges. The lien created herein may be enforced as provided in Alaska Statute. The enforcement of the lien is a cumulative remedy and does not bar the collection of the charges for abatement as provided in section 709.

( AO No. 2015-127, § 1, 4-1-16 )