[Ord. 1809, 2-21-2024]
This subchapter governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this code establish another specific procedure for a particular type of code compliance cost recovery.
[Ord. 1809, 2-21-2024]
The City Council finds there is a need to recover costs, including legal costs, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the City of Indio Municipal Code or applicable state codes has been obtained.
[Ord. 1809, 2-21-2024]
Whenever an enforcement official determines a property to be in violation of provisions of the City of Indio Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code enforcement costs against the responsible person or property owner.
[Ord. 1809, 2-21-2024]
A code compliance cost fee schedule shall be established and revised as necessary by the City Council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the City Clerk's office.
[Ord. 1809, 2-21-2024]
(A) 
Where the assessment of code enforcement costs is authorized under this subchapter, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:
(1) 
An itemized list of the amounts charged;
(2) 
The corresponding dates when code enforcement costs were incurred;
(3) 
A deadline by which the costs must be paid; and
(4) 
Notice that additional fees may be charged for late payment.
(B) 
Service of notice of the code enforcement cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Subchapter 3.
(C) 
Code enforcement costs may be assessed as part of any judicial or administrative enforcement action as provided for in this subchapter.
(D) 
The failure of any responsible person or property owner to receive notice of the code enforcement cost assessment shall not affect the validity of any costs imposed under this subchapter.
[Ord. 1809, 2-21-2024]
The failure of any person to pay code enforcement cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the City Council.
[Ord. 1809, 2-21-2024]
The enforcement official shall collect the assessed code enforcement costs and late fees by the use of all appropriate legal means, including but not limited to referral to the City Finance Department or City Attorney for collection or by lien or special assessment pursuant to Subchapter 13.
[Ord. 1809, 2-21-2024]
All code enforcement costs and late fees recovered shall be remitted to the City Finance Director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in Subchapter 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.