§ 22.74.080. Recovery of costs.

This Section establishes procedures for the recovery of administrative costs incurred by the County in the enforcement process, for the abatement of conditions defined as a nuisance by Section 22.74.150.A, for the revocation of land use permits for cannabis activities by Section 22.40.110 and 22.40.120, for the abatement of conditions defined as a nuisance by Section 22.40.130.A, in cases where no permit is required in compliance with the provisions of this Title or Title 19 of this Code to abate the nuisance. These procedures are used where a nuisance is abated in advance of initiation of the procedures specified by 22.74.150.E.

A.

Definition of costs. For the purposes of this Chapter, costs shall mean administrative costs, including staff time expended and reasonably related to nuisance abatement cases where no permit is required, for items including but not limited to investigation, site inspection and monitoring, reports, telephone contacts, correspondence and meetings with affected parties.

B.

Cost accounting and recovery required. The enforcement officer shall maintain records of all administrative costs incurred by responsible county departments associated with the enforcement process in compliance with this Chapter and shall recover the costs from the property owner as provided by this Section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board.

C.

Notice of cost recovery requirements. The enforcement officer shall include in the notice of violation required by Section 22.74.100.A or Section 22.40.120, a statement of the intent of the County to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing if he or she objects to the charges. The notice shall state that the property owner will receive at the conclusion of the enforcement case a summary of administrative costs associated with the processing of the enforcement case at the hourly rate in effect at the time the case is initiated. The notice shall state that the property owner will have the right to object to the charges by filing a request for hearing with the Director within 14 days of service of the summary of charges, in compliance with Subsection D.

D.

Summary of costs. At the conclusion of the enforcement case, the Director shall send a summary of costs associated with enforcement to the property owner by certified mail. The summary shall include a notice which states that if the owner objects to the charges, a request for hearing must be filed as provided by Subsection f., and that if no hearing is requested, the owner's right to object will be waived and he or she will be fully liable for the charges, to be recovered in a civil action in the name of the County, in any court of competent jurisdiction within the County.

E.

Hearing on objection to charges. Any property owner who receives a summary of costs in compliance with Subsection D. shall have the right to a hearing before the Director on his or her objections to the proposed costs, as follows.

1.

Request for hearing. A request for hearing shall be filed with the Department within 14 days of the service by mail of the summary of costs, in the form of a letter setting forth the nature of the property owner's objections to the costs.

2.

Scheduling of hearing. Within 30 days of the filing of the request for hearing, and on 14 days written notice to the owner, the Director shall hold a hearing on the owner's objections and determine the validity thereof.

3.

Decision by Director. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to. whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.

4.

Appeal. The decision of the Director may be appealed to the Board in compliance with Section 22.70.050.

F.

Collection of charges. In the event that no request for hearing is filed in compliance with Subsection e. or after a hearing the Director affirms the validity of the costs, the property owner shall be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director. The costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the country.

[2017, Ord. 3358] [22.10.050]