Fulton Recovery of costs ordinance (§ 46-37)

(a) Assessment and certification of costs. If the city causes a nuisance to be removed or abated, the costs of such abatement shall be determined and recovered in accordance with this section.

(b) Charge for abatement costs. The charge for abatement costs shall be based upon a minimum fee, plus hourly labor fee per employee, equipment cost (if necessary), and disposal costs. If the work is done by contract, the fee will be the amount charged to the city. The cost of abatement may also include a $100.00 administrative fee for the city's costs in administering this chapter.

(c) Notification of abatement costs. Within 30 days of the city completing the abatement work, the city shall send to the owner and occupant a notice informing them of the cost of the abatement work. The notice shall give a just and true account of the charges and/or costs the city seeks to collect.

(d) Collection of abatement costs. The owner shall have 45 days after notification of completion of the abatement costs to pay the costs. If the abatement bill remains unpaid 45 days after notification thereof, the costs incurred in abating the nuisance shall be certified by the building commissioner to the city clerk as a special assessment represented by a special tax bill or added to the annual real estate tax bill, at the collecting official's option, against the real property affected, and the costs shall be collected in the same manner and procedure for collecting other real estate taxes.

(e) Liability created; payment of assessment; collection; lien. The special tax bill from the date of its issuance shall be deemed a personal debt against the person or persons who were the owners of record of the property at the time the city caused the nuisance thereon to be abated or repaired. If there was more than one owner of record of the property at the time the city caused the nuisance thereon to be abated or repaired, they shall be jointly and severally liable for the personal debt. Collection of a delinquent bill shall be governed by the laws governing delinquent and back taxes,

including those issues regarding due date, interest, and late penalties. The special tax bill from the date of its issuance shall also be a lien on the property until paid. The lien may be enforced by any method appropriate for the enforcement of special assessments generally. No clerical error or informality in the tax bill or in the proceedings leading up to the issuance of the tax bill shall be a defense in an action to collect the tax bill.