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• <br /> I0 <br /> Be and the same is hereby amended to read as follows: <br /> Order of the violations hearing examiner—Violation. <br /> The Any order of a violations hearing examiner shall be served upon the person to whom <br /> it is directed,either personally or by mailing a copy of the order to such person at his or <br /> last known address as determined by a code compliance officer or by posting a copy of <br /> the order conspicuously on the affected property or structure,if any.Proof of service <br /> shall be made by a written declaration under penalty of perjury by the person effecting <br /> the service,declaring the time and date of service and the manner by which service was <br /> made.Thereafter,violation of the terms of a violations hearing examiner's order shall <br /> constitute a misdemeanor and a separate misdemeanor shall be committed for each day <br /> that an order is violated. <br /> Section 7: Section 8 of Ordinance No.2335-98(EMC 1.20.090),which reads as follows: <br /> Abatement—Costs—Assessment lien—Alternative or accumulative methods of <br /> collection. <br /> A. Notwithstanding any other provision herein,whenever the city is authorized,whether <br /> by order of a violations hearing examiner or by any other authority,to undertake an <br /> abatement,the city may cause the abatement to be performed by city employees or by <br /> private contract under the direction of the city.The city,its employees and agents,using <br /> lawful means are expressly authorized to enter upon the subject property for such <br /> purposes. <br /> B. All costs of abatement,including incidental expenses,shall be billed to the person or <br /> persons to whom the violation citation was issued and shall become due and payable <br /> thirty days thereafter.The term"incidental expenses"shall include,but not be limited to, <br /> personnel costs,both direct and indirect,including attorney's fees incurred by the city; <br /> costs incurred in documenting the violation;the actual expenses and costs to the city in <br /> the preparation of notices,specifications and contracts,and in inspecting the work;and <br /> the cost of any required printing and mailing. <br /> C. In the event the person responsible fails to pay within the thirty-day period set forth in <br /> subsection B of this section,the code compliance officer shall render an itemized report <br /> in writing to the city council showing the cost of abatement,including the rehabilitation, <br /> demolition,restoration or repair of such property,including any salvage value relating <br /> thereto plus the amount of any outstanding penalties;provided,that before the report is <br /> submitted to the city council,a copy of the same shall be posted for at least five days <br /> upon or in front of such property,together with a notice of the time and date when the <br /> report shall be heard by the city council for confirmation.A copy of the report and notice <br /> shall be served upon the owner of the property in accordance with the provisions of <br /> Section 1.20.010 at least five calendar days prior to submitting the same to the city <br /> council.The city council has the authority to revise the report,to authorize collection of <br /> the debt in any lawful manner,or,in the case of a debt owed by a property owner,to <br /> place an assessment lien on the property as provided herein,or to obtain a judgment and <br /> foreclosure. <br /> 14 <br /> 46 <br />