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A. If, after receiving a written notice and order in accordance with Chapter 11.20 BMC, any person owning, occupying or controlling such premises who fails, neglects or refuses to correct said nuisance shall be found to be in violation of this chapter.

B. In case the owner of the premises, or the occupant thereof, or any other person or persons creating, causing or committing, or maintaining the same, should fail to remove any nuisance as described in this chapter, the city may proceed upon the premises and clean and level the premises and remove or destroy said nuisance. The cost to the city for such cleaning, leveling, removal or destruction shall be at the expense of the owner or occupant of the property or against any other person or persons creating, causing or committing, or maintaining the same. The amount of said costs, together with the reasonable legal and administrative costs incurred by the city in relation thereto and for collection, shall be paid within 30 days of the billing date. If said costs are not paid within such time period, the city shall levy a special assessment on the land or premises where the nuisance is situated to defray the costs or to reimburse the city for the cost of abating the same. Notice of the lien shall be filed with the county auditor for the county in which the premises is located.

C. Whenever, in any action brought before the hearing examiner, it is established that a nuisance exists as defined in this chapter, the hearing examiner shall, together with the fine imposed, if any, enter an order of abatement as part of the judgment in the case, which order shall direct either:

1. That such nuisance be abated or removed by the defendant within a time limited by the hearing examiner and not exceeding 30 days; or

2. That the nuisance may be abated by the city at the cost of the defendant. (Ord. 1745 § 1 (Att. A), 1998; Ord. 1688 § 1, 1997).