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(1) The finance officer, by registered or certified mail, postage prepaid, shall forward to a person responsible a notice stating:

(a) The total cost of abatement including the administrative overhead.

(b) That the cost as indicated will be assessed to and become a lien against the property unless paid within ten days from the date of the notice.

(c) That if the person responsible objects to the cost of the abatement as indicated, the person responsible may file a written notice of objection with the finance officer not more than 10 days from the date of the notice.

(2) Neither the owner nor person in charge of property shall be required to pay the expenses incurred by the city to abate graffiti, and no lien shall be imposed on such property for such costs.

(3) The person responsible’s objection to the costs of abatement shall be heard by a hearings official. The objector shall be given at least five days’ prior written notice of the time set to consider his or her objections. The hearings official shall take oral or written testimony at the time and place specified in the notice. The hearings official shall determine the abatement costs to be assessed and shall communicate the decision in writing to the objector which writing shall also state that if the costs of abatement are not paid within ten days from the date of the decision, the costs shall be entered in the docket of city liens and upon such entry shall constitute a lien upon the property from which the nuisance was removed or abated or upon the abutting property when the nuisance was removed or abated from the public way.

(4) If no objection is filed or if the assessed costs are not paid within ten days from the date of the notice, an assessment of the costs as stated shall be made by the finance officer and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated or upon the abutting property when the nuisance was removed or abated from the adjoining public way. If the person responsible is not the owner of that property, then the city also may impose a lien upon property owned by the person responsible.

(5) The lien shall be enforced in the same manner as liens for street improvements and shall bear interest at the rate prescribed in section 2.022 of this code. The interest shall commence from date of entry of the lien in the lien docket. For qualifying property owners the payment of the lien may be deferred, extended or modified as provided in sections 7.195 to 7.220 of this code.

(6) An error in the name of a person responsible shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.

(Section 6.100 amended by Ordinance No. 19393, enacted July 28, 1986, effective January 28, 1987; Ordinance No. 20165, enacted August 11, 1999, effective September 10, 1999; and Ordinance No. 20169, enacted September 27, 1999, effective October 27, 1999.)