§ 414.07. ABATEMENT PROCEDURES.

(a) City to Cut, Destroy, and/or Plow; Expenses to be Paid by Owner; Liens. If the provisions of this chapter are not complied with, then any officer, inspector or other agent authorized by the City may enter upon such private fire lane as many times as necessary and cause any obstruction to be cut and/or destroyed and/or any snow accumulation greater than three inches to be removed, and all expenses incurred in such action shall be paid by the owner or owners of such properties.

(b) Means of Abatement. In the discretion of the officer, inspector, or other agent authorized by the City, hand or mechanical or chemical means may be used, and all due care shall be taken to avoid unnecessary damages to the property and private fire lane.

(c) Owner Liability. Owner liability shall be as follows:

(1) Lien upon property. From the time of commencement of the removal of obstruction or snow, the City shall have a lien upon the property.

(2) Costs. Each owner of any lot or parcel which obtains its vehicular access from and benefits from a private fire lane shall be liable for all costs incurred by the City in connection with the cutting, clearing, or snow removal for such lot or parcel. A minimum cost shall be determined by the City Council by resolution from time to time for the cutting and destruction of such obstructions and/or snow and ice removal for each lot or parcel abutting or where the fire lane traverses a lot or parcel which is obstructed or cleared.

(d) Collection of Costs. Collection of costs shall be accomplished as follows:

(1) Billing. For purposes of determining the ownership of the property, it shall be presumed in evidence that the person to whom the property is assessed on the City's most recent tax roll is the owner of the property. Billing of costs will be mailed to owners of the property accessing their properties from the private fire lane at issue. Billing of costs will be mailed to owners by regular mail to the address shown in the City's tax rolls. If the charges involved are not paid by the owner within thirty days of the date of billing, payment shall be deemed delinquent.

(2) Delinquent tax charges; tax lien. In the event of delinquent charges, the City shall have a lien upon such property for the charges and such lien shall be enforced as a tax lien in the manner prescribed by general laws of the State against the property, and collected as in the case of general property tax.

(Ord. 108. Passed 12-13-05.)