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A. Abatement. Notwithstanding the existence or use of any other remedy, the city may order the abatement of any nuisance detrimental to the health and welfare of the public, or source of filth.

1. Prior to any order, written notice for the repair, demolition, remedy, removal, or abatement shall be signed by the director of community development and public works, or designee, and served upon the person owning, occupying, or controlling such premises.

2. If the nuisance has not been repaired, demolished, remedied, removed, or otherwise abated, or if the notice has not been appealed pursuant to subsection C of this section within 10 calendar days after service thereof, then the director of community development and public works, or designee, may issue an order authorizing the city to effect the abatement.

B. Service. The director shall cause any notice or order of abatement to be served on the property owner(s) and/or tenant(s), all parties that have an interest in the property, and to any person(s) causing or allowing or participating in the violation. The notice or order of abatement to the owner(s) shall be served by personal service or by mailing a copy by certified mail, postage prepaid, return receipt requested, sent to their last known address, and to any other such person(s) by sending via regular mail, postage prepaid, to their last known address. A notice or order of abatement shall also be provided by posting a copy thereof conspicuously on the property.

C. Appeal.

1. Notices of abatement may be appealed to the hearing examiner within 10 calendar days of the date of mailing or service. The appeal may contest the determination that a violation exists, the reasonableness of the corrective action ordered, or both. An appeal shall be filed by providing a written request to the city clerk. The application shall contain the following:

a. The address that is the subject of the violation.

b. The person’s name, phone number, and address.

c. A brief description of the legal interest the person has in the real or personal property to be abated.

d. The reason(s) supporting reversal, modification, or limitation of the proposed abatement, together with any material facts that support those reason(s).

e. A description of the relief sought.

f. Signatures of the person(s) submitting the application.

2. A fee is not required to be paid to file an appeal, unless the examiner denies the appellant any relief regarding the abatement, in which case the fee is that fee set forth in the city of Auburn fee schedule.

3. If an appeal is properly and timely filed, the examiner shall set a date, time, and place for the hearing of the appeal. Such date shall be within 30 calendar days of the date the city received the request for an appeal. Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each appellant by either causing a copy of such notice to be delivered to the appellant personally or by mailing a copy, postage prepaid, to the address shown on the appeal.

4. The effect of failure to appeal, the scope of the hearing, the hearing procedures, the conduct of the hearing, the right to review of the appeal, limitations of the examiner’s authority, and the form and effective date of the examiner’s decision shall all be governed by the provisions in ACC 15.07.130, as hereafter amended. The property owner shall have the burden of proof by a preponderance of the evidence that a violation has not occurred at the subject property and/or that the corrective action is unreasonable.

5. The timely filing of an appeal shall stay the abatement during the pendency of the appeal, but an appeal does not lift or stay a stop work order. Monetary penalties shall accrue during the appeal period unless the appellant prevails on appeal. In addition to ruling upon the issues presented by the appellant, the examiner may vacate or reduce any penalties pending, or previously imposed, for any violations related to the nuisance that is the subject of the abatement. If previously imposed penalties are vacated or reduced, any liens for those amounts shall be released or modified accordingly as well.

6. If the examiner denies the appellant’s request for relief, the appellant shall pay the hearing fee as set forth in the city of Auburn fee schedule within 14 calendar days of the hearing. Failure to pay the fee shall be a cost of the abatement subject to cost recovery under this section.

D. Cost Recovery. The person on whom an order of abatement was served, in addition to incurring any penalty provided, shall become indebted to the city for the damages and legal and administrative costs and charges incurred by the city in the repair, demolition, remedy, removal, or abatement of such nuisance.

1. The city shall bill its costs to the person(s) obligated to perform the work under the notice of failure to correct a violation, an order to stop work or an order of a court, which costs shall become due and payable 30 calendar days after the date of the bill.

2. If the costs remain unpaid after 30 calendar days, the mayor may levy a special assessment on the property on which the nuisance was abated, including interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, and contract with the county treasurer to collect the assessment pursuant to RCW 84.56.035. The finance director shall certify to the county treasurer the city’s costs, charges, and damages. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 15 calendar days after the assessment is placed upon the assessment roll.

a. The special assessment shall be in the amount of the city’s costs, charges and damages in abating the nuisance, including administrative and legal costs, the amount of relocation assistance advanced under RCW 59.18.085, the costs of enforcing the assessment, and the amount of all outstanding penalties. In any such assessment by the city, the city shall also be entitled to interest accruing at the rate of 12 percent per annum beginning 30 days after the date of the bill described in subsection (D)(1) of this section.

3. Additionally, if the amount described in subsection (D)(1) of this section is unpaid after 30 calendar days, the mayor, or designee, is authorized to file a lien against the property where the nuisance was abated, or on the adjacent property where the nuisance was located on public property or on public right-of-way and where the nuisance was caused by or on behalf of the owner of the adjacent property.

a. The lien shall be in the amount of the city’s damages and costs in abating the nuisance, including administrative and legal costs, the amount of relocation assistance advanced under RCW 59.18.085, the costs of enforcing the lien, and the amount of all outstanding penalties. In any such assessment by the city, the city shall also be entitled to interest accruing at the rate of 12 percent per annum beginning 30 days after the date of the bill described in subsection (D)(1) of this section.

b. The lien shall be of equal rank with state, county and municipal taxes and shall be in similar form, be filed with the same county office, filed in the same manner, be enforced and foreclosed in the same way, and subject to the same exemptions as state law provides for the foreclosure of labor and material liens.

4. Additionally, the city may, in conformity with Chapter 3.30 ACC, refer to a collection agency the abatement costs described in subsection (D)(1) of this section, which shall include the collection agency fee and any penalty assessed pursuant to Chapter 1.25 ACC.

5. The provisions of this chapter relative to the recovery of abatement costs are not exclusive, and all other rights or remedies of the city, or any citizen thereof, relative to recovering abatement costs are to remain in full force and effect.

6. For purposes of this section “administrative costs” shall include, but are not limited to, recording and filing fees, personnel costs incurred in the inspection of the property, preparation of notices, contracts, and other documents necessary for performing the abatement and providing law enforcement during the abatement.

7. In this section, “legal costs” shall include, but not be limited to, attorney fees, expert witness fees, recording and filing fees, and personnel costs incurred in preparing contracts, and notices necessary for performing the abatement.

E. Salvage. Any salvage value proceeds resulting from the abatement of the property shall first be applied to the costs of abatement. Any remaining such monies shall be paid to the property owner as shown on the last equalized assessment roll.

F. Obstruction with Work Prohibited. No person shall obstruct, impede or interfere with the city, its employees or agents, or any person who owns or holds any interest or estate in any property in the performance of any necessary act, preliminary or incidental to carrying out the requirements of this section. A violation of this provision shall constitute a misdemeanor, and shall be punishable as provided by ACC 1.24.010. (Ord. 6647 § 3, 2017; Ord. 6615 § 11, 2016; Ord. 6328 § 2, 2010; Ord. 5837 § 6, 2004; Ord. 5747 § 1, 2003; 1957 code § 7.04.330.)