2.50.250 Notice and collection of corrective action costs.
A. The owner, all persons in charge of the premises, and all other responsible persons are jointly and severally liable for all costs associated with corrective actions taken by the city, including administrative costs, warrant costs, and attorney fees.
B. The city manager or designee must keep an accurate record of the full cost recovery expense incurred by the city for all corrective actions.
C. After the code violations have been determined by the city to be corrected, the city manager or designee must cause a notice of corrective action costs to be posted on the premises, or at the site of the code violation.
D. At the time of posting, the city manager or designee must also cause a copy of the notice of corrective action costs to be forwarded by certified mail, postage prepaid, to any person in charge of the premises and to the owner of the premises (or registered agent) at the last known address of such person(s) as shown on the tax rolls of Yamhill County.
E. The notice of corrective action costs must contain:
1. A copy of the notice of code violation and any final orders issued in the matter;
2. The total costs of corrective actions due and payable within 30 days of the notice of corrective action costs;
3. Notification that the costs of corrective actions will become a lien against the premises if not paid when due; and
4. Notification that if any owner or other responsible person objects to the notice of corrective action costs, a written protest must be filed with the city manager within 10 days from the date of the notice.
F. Collection and Abatement Costs.
1. The costs listed in the notice of corrective action costs will become delinquent if not paid within 30 days of the date of the notice or within 10 days of the date set forth in any final order or judgment issued on appeal of the cost notice, whichever comes later.
2. Assessment of the delinquent correction action costs must be made by city council resolution to be entered in the docket of city liens. When the entry is made, it will constitute a lien on all real property on which the corrective action occurred.
3. The lien will be enforced in the same manner as liens for street improvements, as described in Chapter 3.12, and will bear interest at the rate of nine percent per year, accruing from the date of the entry of the lien into the lien docket.
G. If the compliance officer meets all requirements for posting and mailing the notice of corrective action costs set forth in this section, then the failure of any person to receive actual notice will not void the assessment of any corrective action costs.
H. If the owner or other responsible person fails to appeal the notice of corrective action costs in compliance with the procedures set forth at Section 2.50.510(A), then the cost assessment shall be deemed proved and no further appeal of the notice of corrective action costs will be allowed. (Ord. 5078 §1 (Exh. 1 (part)), 2019).