§ 54-87. Abatement and cost recovery proceedings.

(a)

Due processing hearing. If the property owner or other person with primary responsibility for control, repair or maintenance fails to grant consent to the city for entry upon the property to remove the graffiti, the mayor shall, after notice to the property owner or such other responsible person, schedule a due process hearing before a special magistrate of the city. At such hearing the city shall have the burden of showing substantial competent evidence that the property contains graffiti, and the property owner or such other responsible person shall be entitled to present evidence the property does not contain graffiti and is therefore not a public nuisance. The hearing shall be held not less than ten days after notice is served.

(b)

Service of notice. Notice of the due process hearing shall be served as set forth in section 26-36.

(c)

Determination of alternate special magistrate. If, after the due process hearing, regardless of the attendance of the property owner or such other responsible person or their respective agents, the special magistrate determines that the property contains graffiti viewable from a public place, the special magistrate shall give written notice in an eradication order, that, unless the graffiti is removed within ten days, the city shall enter upon the property, and cause the removal, painting over in such color as shall meet with the approval of the special magistrate, or such other eradication thereof as the special magistrate determines appropriate, and shall provide the property owner and the responsible person thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis.

(d)

Eradication effort. Not sooner than the time specified in the eradication order of the special magistrate, the mayor shall implement the eradication order and shall provide an accounting to the property owner and the responsible party, if different from the property owner, of the cost thereof.

(e)

Cost hearing. The property owner or other responsible person may request a cost hearing before the mayor on the eradication accounting, and appropriate due process must be extended to these parties. If following the cost hearing or, if no hearing is requested, after the implementation of the eradication order, the mayor determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or a portion of the amount thereof determined as appropriate by the mayor, shall be due and payable by the owner or other responsible person within 30 days.

(f)

Lien. If all or any portion of the assessed eradication charges remain unpaid after 30 days from the date of implementation of the eradication order is from the date of the cost hearing is one is requested and held, whichever date is later, the portion thereof that remains unpaid shall constitute a lien on the property that was the subject of the eradication effort. The finance director shall present a resolution to the city commission specifying the amount due and upon passage and adoption thereof the city clerk shall cause a certified copy of the resolution to be recorded in the county official records. Such lien shall be superior to all others except taxes and shall bear interest at the rate allowed by law.

(Code 1979, § 20-72; Ord. No. 4505-14, § 1, 2-3-2014)