(A) Prior to the enforcement of this subchapter in any calendar year, the Administrator is authorized to notify the owner, occupant, or agent in charge of property located in the city to comply with the provisions of this subchapter by the publication of a notice in a newspaper of general circulation of the duties and obligations of § 95.56 or § 95.57.
(B) If at any time during a period commencing ten days after the publication of notice and October 15 next following, the Administrator shall find that any owner, occupant, or agent in charge has failed to comply with the provisions of this subchapter, the Administrator shall send a seven-day notice of violation by certified mail and posting of the property with the notice of violation requiring that such conditions under § 95.56 be abated. Within the seven-day notice period, the owner, occupant, or agent in charge may request an administrative appeal with the Administrator regarding compliance with the notice of violation. The Administrator shall make a determination based upon the administrative appeal and if the owner, occupant, agent in charge disagrees with the determination of the Administrator, an appeal may be filed with the City Council within three business days after the determination of the Administrator. The City Council shall hear the appeal at its next regularly scheduled meeting or, at the discretion of the Council, a special meeting called for such purpose. Upon failure to comply with the notice of violation and the exhaustion of any appeals, if applicable, the Administrator shall have the right to enter on the property and cause such material and vegetation to be cut, destroyed and/or removed and bill the owner for the cost. The Administrator shall have the right to remove such trash or refuse located on the property in abating the nuisance pursuant to § 95.56 or § 95.57. The cost to abate the first violation shall be the standard hourly rate for labor and machine use for the city or the reasonable cost incurred by a private contractor hired by the city, whichever is appropriate, plus an administrative fee as provided by a resolution adopted by the City Council from time to time. Abatement of subsequent violations occurring in the same calendar year shall be billed as follows: second violation: two times the standard hourly rate for labor and machinery, more than two violations: three times the standard hourly rate for labor and machinery.
(C) Such unpaid charges shall become a lien upon the any lot or parcel of land in which such work has been done or upon the property abutting or adjoining the alley, street or sidewalk upon which such work has been done upon the completion of the work. Payment shall be due to the city within 30 days of the bill being sent to the owner, occupant or agent in charge for the performance of such services. An owner assessed for abatement costs may appeal the assessment to the Administrator. On appeal, the Administrator shall determine whether:
(1) The lot or parcel of land was in violation of this subchapter;
(2) Whether the owner, occupant or agent in charge were mailed notices of the violation at least seven days before the city abated the condition (except for emergency abatements); and
(3) Whether the costs assessed against the owner were properly calculated. An appeal shall be filed within 21 days after the city mails notice to the owner, occupant or agent in charge that the costs will be assessed. In the event the owner, occupant, or agent in charge disagrees with the determination of the Administrator, an appeal may be filed with the City Council within three business days after the determination of the Administrator. The City Council shall hear the appeal at its next regularly scheduled meeting or, at the discretion of the Council, a special meeting called for such purpose. Except as otherwise determined by the Administrator, if payment is not received by the city within 30 days after such billing, the City Treasurer shall add an additional penalty of 1% per month to the delinquent bill. The City Treasurer shall annually, on May 1, certify any delinquent billing, or any part thereof, together with all accrued interest in penalty, to the Council; and, it shall be transferred and reassess, with an additional 15% penalty, on the next annual city tax roll. Such charges so says shall be collected in the same manner as general city taxes.
(D) An Administrator may abate a public nuisance under this subchapter, without giving notice, if the public health or safety requires immediate abatement. The cost of abating the nuisance may be charged against the lot or parcel of land and the owner in accordance with the provisions above.
(E) The Administrator or his or her authorized representative is hereby empowered to enter upon any lot or parcel of land in the city for the purpose of determining or requiring compliance with this subchapter.
