Chapter 226 Performance of Work by City; Abatement

In the event that any owner of any occupied or unoccupied lot, piece of land, building or structure or any part thereof within the City of Newburgh shall fail to maintain or repair the same as required by the City Code, or if such property or structure shall be considered a public nuisance as defined by the City Code, such owner may, in addition to or in lieu of other remedies, be served an abatement notice by certified mail, return receipt requested, sent to such owner's last known address as shown on the records of the City Assessor. A copy of such notice shall also be posted on the premises.

The abatement notice shall contain a description of the premises, specify the provisions of the City Code deemed to have been violated, require the owner to correct the condition within seven days of the date of such notice, and provide that if the owner fails to do so, the City or the City's contractor may undertake or cause to be undertaken the required work, repair, or demolition and the City shall assess a lien against the property for the cost of the work, repair, or demolition, together with an additional administrative fee of 15% for costs of inspection and other incidental costs associated with abating the condition, to be added to the total costs of the work, repair, or demolition. The notice shall also contain, pursuant to § 226-2 of this chapter, a hearing date and location, at which time and place the owner may be heard in regard to the matter contained in the notice. If the City determines that an emergency exists, the City may undertake or cause to be undertaken such work, repair, or demolition prior to the expiration of the specified period of time and/or prior to the hearing date, provided the notice identifies the violations as constituting such an emergency.

Any person affected by an abatement notice issued pursuant to § 226-1 of this chapter shall be entitled to a hearing before the City Manager or the City Manager's designee, except in the case of an emergency. The City Manager or the City Manager's designee shall set the time and place for such hearing. The hearing shall be scheduled before the expiration of the seven-day period set forth in § 226-1B. At such hearing, the owner shall be given an opportunity to show cause why such notice of abatement should be modified or withdrawn.

After a hearing held in accordance with Subsection A of this section and on consideration of the evidence presented, the City Manager or the City Manager's designee shall sustain, modify, or withdraw the notice of abatement. Such decision shall be deemed a final order and shall be served on the owner in the same manner as provided for in § 226-1A of this chapter.

The City Manager or the City Manager's designee shall keep a summary of testimony and copies of relevant notices or orders, entries of appearance, findings of fact, if any, and the final determination; and such record shall be maintained as a public record.

If the owner does not appear at a hearing scheduled pursuant to this section, the abatement notice shall be deemed a final order.

Should the owner fail to comply with a final order, or should the City determine that an emergency exists, the City may undertake or cause to undertake the required work, repair, or demolition. The City shall keep records of the cost of such work, repair, or demolition.

Should the required work, repair, or demolition be performed by the City or the City's contractor pursuant to Subsection A of this section, the City shall serve a billing notice on the owner, in the same manner as specified in § 226-1A of this chapter, setting forth the cost of such work, repair, or demolition, together with an additional administrative fee of 15% for costs of inspection and other incidental costs associated with abating the condition, to be added to the total costs of the work, repair, or demolition.

An owner served with a billing notice pursuant to Subsection B of this section may request and shall be granted a hearing before the City Manager or the City Manager's designee to dispute the charges, provided that such owner shall file, within 10 days of the date of the notice, in the office of the City Manager, a written request for such hearing. Upon receipt of a request for a hearing, the City Manager or the City Manager's designee shall set a time and a place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good cause shown. At such hearing, the owner shall be given an opportunity to show cause why such costs should be reduced or otherwise modified. The City Manager or the City Manager's designee shall make a final determination on the charges, and such decision shall be deemed a final order. If the owner does not request a hearing on the billing notice, such notice shall be deemed a final order.

The cost of the work, repair, or demolition as finally determined, together with an additional administrative fee of 15% for costs of inspection and other incidental costs associated with abating the condition, added to the total costs of the work, repair, or demolition, shall be assessed as a lien against the abated property. Notice shall be given to the Tax Collector's Office specifying the total cost of the work, repair, or demolition, together with the administrative fee of 15%, and the property affected by section, block and lot numbers as the same appear on the Official Tax Assessment Map of the City of Newburgh. From the hour of filing of said notice, the charges specified shall be a lien upon the property affected thereby. A copy of said notice shall also be served on the owner as provided for in § 226-1A of this chapter. The costs specified, if not paid by or on behalf of the owner within 30 days of the date of the notice, shall be added to and collected with the subsequent City tax levy, and shall bear interest and be enforced as provided by law for City taxes.