A. Monetary Penalty. Any monetary penalty imposed constitutes a personal obligation of the person(s) to whom the notice and order of code violation is directed. Any monetary penalty assessed must be paid to the city within ten calendar days from the date of mailing of the court’s decision or a notice from the city that penalties are due. Any such monetary penalty shall further constitute a lien against the affected real property.
B. Costs. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and the owner of the property and shall become due and payable to the city within ten calendar days. The term “incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property.
C. Abatement. The city may abate a condition which was caused by or continues to be a code violation when:
1. A notice and order of code violation or notice of civil infraction, or abatement violation–order, or other lawful order has been issued pursuant to applicable law and the required correction has not been completed by the date specified in the notice and/or order; or
2. The condition is subject to summary abatement.
D. Summary Abatement. Whenever any code violation causes a condition, the continued existence of which constitutes an immediate 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. No right of action shall lie against the city or its agents, officers, or employees for action reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.
E. The city attorney is authorized to take appropriate action to collect the monetary penalty and costs.
F. Lien Authorized. The city of Monroe shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings, 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 a parity.
1. The applicable department director shall cause a claim for lien to be filed for record within ninety days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated.
2. The claim of lien shall contain sufficient information regarding the notice of civil violation, as determined by the applicable department director, a description of the property to be charged with the lien and the owner of record and the total amount of the lien.
3. Any such claim of lien shall be verified by the applicable department director and may be amended from time to time to reflect changed conditions.
G. Notice of Assessment for Nuisance Abatement. Notice of any monetary penalty imposed pursuant to applicable law, the cost of any abatement proceedings imposed and all other related costs imposed in the enforcement of the city code shall be filed with the Snohomish County treasurer for entry on the property tax roll for the real property upon which the costs and penalties were imposed. (Ord. 035/2005 § 2)