5.05.230 Summary abatement.
A. A City representative may proceed summarily to abate a nuisance that imminently endangers human life or property. Notwithstanding BC 5.05.200, a person responsible for the nuisance condition shall pay the cost of abatement incurred by the City pursuant to BC 5.05.210, and the property shall be subject to an assessment and placement of a lien in accordance with BC 5.05.215. [BC 5.05.230, amended by Ordinance No. 3842, 4/12/93; amended by Ordinance No. 3979, 4/21/97]
B. Notwithstanding the procedures for abatement set forth in BC 5.05.200 through 5.05.215, any personal property, other than motor vehicles, found to be in violation of BC 5.05.115, may be immediately seized and removed by a representative of the City without prior notice to the owner of the personal property. Disposition of the personal property shall be made pursuant to BC 2.05.010 through 2.05.026, except that personal property which per item has a fair market value of less than ten dollars as determined by the code enforcement officer may be salvaged or disposed of in any manner determined suitable by the City representative, and any costs incurred in salvage, disposal or storage may be assessed against any responsible person.
C. The City representative shall send written notice of the seizure and removal of personal property which per item has a fair market value in excess of ten dollars to one or more of the following persons:
1. the person believed to be the owner or otherwise lawfully entitled to possession of the personal property seized if known; or
2. the owner of the real property adjacent to the location of the personal property at the time of seizure as determined by the records of Washington County Department of Records and Elections.
D. The notice shall contain the following:
1. a description of the property seized;
2. location of the property at the time of seizure;
3. date and time of day of seizure;
4. a citation of the specific Code section violated;
5. location where the property is stored;
6. summary of the rights to reclaim the property pursuant to BC 2.05.010 through 2.05.034;
7. the right to request a hearing;
8. date of mailing of the notice; and
9. any applicable charges imposed pursuant to BC 2.05.010 through 2.05.034.
E. A hearing may be requested within ten days of mailing of the notice. The hearing shall be before the municipal court according to the procedure set forth in BC 2.10.010 through 2.10.050 as if a uniform infraction citation had been issued. Nothing in this section is intended to limit the City representative’s power to cause an infraction citation to be issued.
F. The hearing shall be limited to determination of the propriety of the seizure. Actual notice of the seizure is a waiver of the requirement of written notice. [BC 5.05.230, amended by Ordinance No. 3451, 6/18/85]