§ 21.50.160. Abatement of violation.

A.

Any use, activity, condition, property, or structure identified as a violation in an enforcement notice that continues after the hearing officer has issued an order finding the use, activity, condition, property, or structure to be in violation may be abated as provided in this section.

B.

Before a civil action is filed to abate a violation, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt requested to the violator and the owner of record of the property. The borough may request the court to order the violator(s) to abate the violation, or allow the borough to enter upon the property subject of the violation and abate the violation if the violator has failed or is unwilling or unable to abate the violation. The court may order the violator(s) to pay the costs of the borough's abatement of the violation.

C.

The persons found in violation by the hearing officer are liable to the borough for the entire cost of the abatement, including incidental expenses. "Costs of abatement" include removal, repair and relocation and any other costs, including incidental costs, which are or would reasonably and necessarily be incurred to remedy or remove the violation or comply with the order of the hearing officer. The borough will cause an invoice for collection to be sent to the violator and owner of record of the property specifying the nature and costs of the work performed. For purposes of this section, the term "incidental expenses" shall include but not be limited to the actual expenses and costs to the borough in the preparation of the notices, specifications and contracts, work inspection, attorney's fees, consultant fees and interest from the date of completion at the rate of ten percent per annum.

(Ord. No. 2011-34, § 2, 10-11-11)