Res. #12-027 - Adopting Special Assessment for Nuisance Abatement

Home Browse Search

c. removing building materials which are present on the Subject Property for the ro ect specified by building permit 12-042, and which are stored appropriately, P j P Y g P � or d. entering or inspecting the interior of the Property Owners' house or garage. J. On or about June 1, 2013, the City Building Inspector will inspect and judge whether nuisance! conditions on the Subject Property comply with City Ordinances, the State Building Code, of any other applicable law or regulation. If the nuisance conditions reappear at that time the City shall specify those conditions, and the Property Owner shall remediate those conditions within thirty-days after receipt of notice. K. The Property Owner acknowledges and agrees to reimburse the City for the cost of the remediation or repair, and other associated costs such as Staff time or legal fees and costs. In the event that this amount is not paid within thirty -days from the date an invoice is tendered, the Property Owner agrees that the City may apply this amount as a special assessment to the Subject Property, as set forth below. L. The Property Owner acknowledges that they grant the rights and concessions to the City herein knowing that they have certain legal rights, and agree to waive those rights upon entering into this Consent Decree and Agreement. The Property Owner has retained independent legal counsel, Mr. Alan D. Margoles, and has had adequate time to consult with him about their rights and the waiver of their rights. Their rights include, but are not limited to the following: i. The right to require the City to seek an Order from a court before the City is allowed to enter and/or remediate the Subject Property; ii. The right to require the City to specify the nature of each nuisance issue found on the Subject Property, and to ask a Court to decide whether any nuisance alleged by the City is in violation of law or regulation; and, iii. The right to require the City to follow the statutory procedure to assess a debt against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: 1. The City will assess the Subject Property for the remediation of nuisances. The final assessment shall be the actual cost of the remediation plus the cost of associated engineering, legal and administrative costs. The special assessment principal shall be payable in equal installments over ten years, plus four and one -half percent (4.5 %) interest on the unpaid balance. Interest shall begin accruing as of the date these costs are adopted by the City Council. -3-