5.45.035 Enforcement of Closure Order – Costs – Civil Penalty.
A. In the event that a court finds that property constitutes chronic nuisance property as defined in this chapter, the court may order the remedies set out in BC 5.45.015(A). In addition, in the event that it also finds that the owner had knowledge of activities or conditions at the property constituting a violation of this chapter and nonetheless permitted the activities to occur, the court may utilize the penalties provided for in BC 5.45.015(B).
B. The court may authorize the City to physically secure the property against use or occupancy in the event that the owner(s) fail to do so within the time specified by the court. In the event that the City is authorized to secure the property, all costs reasonably incurred by the City to affect a closure shall be made an assessment lien upon the property.
1. The City Department(s) affecting the closure shall prepare a statement of costs and the City shall submit that statement to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rules of Civil Procedure 68, a certified copy of the statement, including a legal description of the property, shall be entered in the City’s lien docket.
2. Liens imposed by this chapter shall be collected in all respects as provided for street improvement liens, and shall bear interest at the rate of nine percent per year from 10 days after the entry in the lien docket.
3. Any person who is assessed the costs of closure and/or a civil penalty by the court shall be personally liable for the payment to the City. [Ord. NS-2142, 2010]