A. 
Access. Using any lawful means, the city may enter upon the subject property or premises and may remove or correct the condition that is subject to abatement. If the owner of the premises does not consent to entry, the city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
B. 
Terms of Abatement. Property or premises are subject to abatement as provided in this chapter, including where an emergency exists, where the terms of a voluntary compliance agreement have not been met, where required corrective action has not been timely completed after a notice of violation and abatement has been issued, where a notice of violation and a notice of civil penalty have been issued but the property or premises is still in violation, or where summary abatement, as described in subsection C of this section, is necessary.
C. 
Summary Abatement. Whenever any violation of a regulation causes an emergency where the continued existence of a condition constitutes an immediate or emergent threat to the public health, safety, or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
(Ord. 844 § 1 (part), 2015)
A. 
Actual costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation or the property owner. These costs shall become due and payable to the city of Ilwaco no later than thirty (30) calendar days from the date of the invoice. The term “incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect; attorney fees; costs incurred in documenting the violation; demolition, hauling, storage, and disposal expenses; filing fees; and actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing or mailing; and any and all costs of collection.
B. 
If the person responsible for the costs of abatement fails to remit payment in a timely manner, the city may file a lien against the real property for the cost of any abatement proceedings under this chapter, except that no lien shall attach to the real property if the owner was found not responsible in the final order issued by the hearing examiner. A notice of the city’s lien specifying the expenses incurred in abating the nuisance and giving the legal description of the premises sought to be charged shall be filed with the Pacific County auditor within ninety (90) days from the date of the abatement. Such lien may at any time thereafter be collected in the manner provided for foreclosure of mechanic’s liens under the laws of the state of Washington.
C. 
In addition to a lien, the debt shall be collectible in the same manner as any other civil debt owing to the city, and the city may pursue collection of the costs of any abatement proceedings under this chapter by any other lawful means, including, but not limited to, referral to a collection agency.
(Ord. 844 § 1 (part), 2015)
A. 
Any person sent an invoice for the costs due for abatement of a nuisance may request a hearing to determine if the costs should be assessed, reduced, or waived.
B. 
A request for a hearing shall be made in writing and filed with the city clerk no later than fourteen (14) calendar days from the date of the invoice.
C. 
Each request for hearing shall contain the name, address and telephone number of the person requesting the hearing and the name, address and telephone number of any person who will be present to represent him or her.
D. 
Each request for hearing shall set out the basis for the request.
Because the property owner or other person responsible for the violation had an opportunity to appeal the notice of violation and abatement, notice of violation, and/or notice of civil penalty pursuant to Chapter 11.16, before any abatement actions were taken, the hearing regarding the costs of abatement shall not provide another opportunity to challenge the legality or validity of the underlying violation, required corrective action(s), required schedule for abatement, or civil penalty.
E. 
Failure to request a hearing within fourteen (14) calendar days from the date of the invoice shall be a waiver of the right to contest the validity of the costs incurred in abatement of the violation.
F. 
If a hearing is requested, the hearing examiner will conduct the hearing no more than thirty (30) calendar days after the public official issues the notice of hearing, unless the hearing examiner or public official finds good cause to continue the matter to another date.
G. 
If a hearing is requested, the public official shall mail a notice giving the time, location, and date of the hearing, by regular first class mail, to the person or persons to whom the invoice for the costs of abatement was directed.
H. 
If a hearing is conducted, the public official, as well as the person to whom the invoice for abatement costs was directed, may participate as parties in the hearing, may be represented by counsel, and may call witnesses. The city shall have the burden of proof to establish, by a preponderance of the evidence, that the abatement costs are reasonable.
I. 
The hearing examiner shall issue a written order and determine whether the costs of abatement were reasonable and necessary. The hearing examiner may uphold the amount billed for the costs of abatement, reduce the amount billed, or waive the costs.
J. 
The order of the hearing examiner is the final administrative decision. Such decision may be appealed in accordance with Section 11.16.010A.
(Ord. 844 § 1 (part), 2015)
A. 
Costs Included in Lien. The city shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs, including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity.
B. 
Filing of Lien. The public official or city administrator shall file with the county recorder a claim for lien within ninety (90) days from the later of the following dates: the date the monetary penalty is due, the date the work is completed, or the date the nuisance is abated.
C. 
Claim of Lien. The claim of lien must contain sufficient information regarding the relevant notice as determined by the public official or city administrator, a description of the property to be charged with the lien and property owner of record, and the total amount of the lien.
D. 
Amendment of Lien. Any such claim of lien may be amended from time to time to reflect changed conditions.
E. 
Lien Period. No such liens shall bind the affected property for a period longer than five (5) years, without foreclosure or an extension agreed to by the property owner.
(Ord. 844 § 1 (part), 2015)