§ 18-58. Cost of abatement declared special assessment; report; hearing; resolution; collection.

(a)

The cost of abatement of a nuisance under this article is hereby declared a special assessment against the parcel of land upon which the public nuisance is maintained, but only against the interest, if any therein, of the person or persons determined in the action to be responsible for maintaining such nuisance. As used herein, the term "cost of abatement" shall include, but is not limited to, the following:

(1)

Investigative costs;

(2)

Court costs;

(3)

Reasonable attorneys' fees at the trial level and all appellate proceedings; and

(4)

Printing costs for any trial and appeal.

(b)

Upon the filing of a county circuit court judgment adjudicating the existence of a public nuisance in any proceedings instituted pursuant to this article, the city attorney shall file with the city clerk a written report containing his account of the expenses of abatement, the person or persons determined in the action to be responsible for maintaining such nuisance, a description of the premises on which such abatement occurred, and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. The clerk shall then set the report for hearing by the city commission and shall, not less than ten (10) days prior to the date set for such hearing, serve notice of assessment upon the owners, which notice shall specify the day, hour and place when the city commission shall hear and pass upon the assessment report together with any objections or protests thereto.

(c)

Upon the date and hour fixed for the hearing, the city commission shall hear and pass upon the assessment report together with any objections or protests which may be raised by any of the owners of any property liable to be assessed for the costs of abatement or any other interested persons. The city commission may make such revision, correction or modification in the report as it may deem just, after which the report as submitted or as revised, corrected or modified shall be confirmed. The city commission may adjourn the hearings from time to time. The decisions of the city commission on all protests and objections which may be made shall be final and conclusive.

(d)

Upon confirmation of the assessment report, the city commission shall adopt a resolution specifying the amount assessed against each respective parcel as shown on the last available assessment roll in accordance with the assessment report. Unless otherwise provided in such resolution, any such assessment shall become due thirty (30) days after adoption of such resolution and shall thereafter bear interest at the maximum rate allowed by law. The city commission may provide in the resolution for payment to become due at any later date, in total sum or in installments.

(e)

All assessments may be paid by tender of the amount due to the city treasurer. The finance director, prior to August 10 of each year, shall determine if any assessment or portion thereof is due and unpaid, and, if he so determines, he shall cause a copy of the delinquent assessment to be filed amongst the public records of the county, specifying the parcel or parcels on which such amount is assessed, which such delinquent assessment shall be certified true and correct by the city clerk prior to recordation.

(Code 1953, § 28-86.7; Ord. No. C-81-91, § 1, 1-19-82)