§ 28-13. Abatement.

(a)

Hearing officer authorized. When a person is served with a notice to abate in accordance with MCA § 21-19-11 to comply with the provisions of the codes and chapters concerning matters within the scope of MCA § 21-19-11 and neglects, fails or refuses to abate a violation for more than fourteen (14) days from the effective date of the notice, the designated hearing officer shall hold an administrative hearing pursuant to the notice regarding whether an order should be entered authorizing the planning and community development manager or designee to abate any condition that constitutes a violation. The hearing officer, after the hearing (or time for hearing should the person fail to appear) shall enter such rulings and orders which it determines to be appropriate including an order authorizing the city to abate the condition.

(b)

Appeals. Any person aggrieved by a decision of the designated hearing officer may appeal to the City of Tupelo City Council within ten (10) days from the date of the hearing.

(c)

Statement of abatement expenses. The development services director or designee, when so directed by the designated hearing officer to abate a violation of this enforcement code, shall prepare a verified statement and accounting of all expenses incurred by the city and file such verified statement and accounting with the designated hearing officer. The verified statement and accounting shall include the actual cost of such removal or abatement together with the imposed penalty of five hundred dollars ($500.00) or fifty percent (50) of the actual cleaning cost, whichever is more, and the cost of recording liens and releases thereof.

(d)

Collection of abatement expenses. The person against whom the abatement order is issued shall have fourteen (14) days from the date of delivery or mailing of the statement of abatement expenses to pay. If the person fails to pay within the specified time period, the city manager or his designee shall prepare a duplicate copy of the statement and account as a notice of lien and record one (1) copy with the office of the Lee County Circuit Clerk and within ten (10) days thereafter serve the remaining copy of such notice of lien upon the owner of the property liened in accordance with Mississippi Law. The recorded lien shall bear interest at the legal rate for judgments in the State of Mississippi from the date that the lien was recorded until it is paid in full.

(Ord. of 10-17-06(2), § 1; Ord. of 11-1-16(1))