(1) If an order of abatement has been issued by the City Administrator and ten (10) days following the notice mailed pursuant to MMC 8.15.110(4) specifying said abatement the act or condition remains unabated and no appeal has been filed, the City Administrator may cause abatement of the nuisance by entering the property, if necessary, and abating the nuisance, which abatement may include, without limitation, demolition of buildings, removal of property, and site cleanup.

(2) Any personal property removed during an abatement process may be returned to the possession of the owner following abatement or may be sold, discarded, or destroyed at the discretion of the City in accordance with applicable law. Proceeds of any sale shall be used to help defray the abatement costs. Any proceeds in excess of the abatement costs shall be turned over to the owner or person in charge of property, as appropriate.

(3) Accurate records of the abatement costs shall be kept and shall include a surcharge of twenty-five percent (25%) of the cost of the abatement for administrative overhead and all other costs, expenses, fees, and penalties. A billing for the amount of the costs shall be sent to the owner and/or person in charge of property. Full payment shall be due to the City within thirty (30) days after the date of the billing.

(4) The City Administrator shall file a lien against the property in the County real property records if payment is not timely made as provided in this section. Interest on the lien shall accrue on the amount of assessment due at the rate of nine percent (9%) per annum from the date the lien is recorded. The validity of the lien will not be affected by any error in the name of the owner and/or person in charge of property, any error in the accounting, or any failure to receive the notice of the proposed assessment. Only payment of the total amount due for the abatement, and all other amounts owed pursuant to this chapter, shall remove the lien. Once full payment is received by the City, the City shall record a release of the lien. The lien provided for in this subsection shall be given priority over all liens except those for taxes and assessments. Collection of abatement costs, fees, and penalties are in addition to any other remedies, civil or criminal, available to the City under applicable law.

(5) In addition to, and not in lieu of, any other provision in this chapter, when the City Administrator finds residential property in violation of this chapter and believes that the violation is a threat to the public health, safety, and/or welfare, and the owner and/or person in charge of property has not acted in a timely manner to correct the violations, the City Administrator may apply to a court of competent jurisdiction for the appointment of a receiver to perform an abatement pursuant to the Oregon Housing Receivership Act (ORS 105.420 to 105.455). [Ord. 979 § 2 (Exh. A), 2023; Ord. 875 Exh. A § 12, 2015.]