A. Payment of Monetary Penalties and Costs. Any monetary penalties or costs assessed pursuant to this chapter constitute a personal obligation of the responsible party. In addition, the monetary penalties or costs assessed pursuant to this chapter may be assessed against the property that is the subject of the enforcement action. The city attorney is authorized to collect the monetary penalty or costs by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues. The city may incorporate any outstanding penalty or cost into an assessment lien, if the city incurs costs of abating the violation.

B. Recovery of Costs. The city shall bill its costs, including incidental expenses, of pursuing code compliance and/or of abating a violation to the responsible party and/or against the subject property. Such costs shall become due and payable thirty calendar days after the date of the bill. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorneys’ fees incurred by the city; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; hauling, storage and disposal expenses; the cost of any required printing and mailing; and interest. The department director, or the hearing examiner, may in their discretion waive in whole or part the assessment of any costs upon a showing that abatement has occurred or is no longer necessary.

C. Lien. If penalties or costs assessed against a property are not paid within thirty calendar days, the city shall, to the fullest extent allowed by law, have the right to file a lien against the real property on which the violation occurred or is occurring, in the amount of the assessed and unpaid civil penalties and costs. (Ord. 017/2020 § 1 (Exh. A))