An emergency abatement assessment for Charles Albert's property at 314 S. 26th St. has been completed by the Finance Division and is ready to be spread on the tax rolls, as outlined below.

Emergency Abatement – Pursuant to BMCC 18-304 through 18-308, an enforcement officer may order the abatement of a public nuisance which constitutes an emergency presenting imminent danger of serious injury to persons or property. Nonpayment of fees associated with the emergency abatement shall constitute a lien on the non complying real property and will be taxed as a special assessment against the real property.

Mr. Albert was given notice to remove a partial structure remaining on his property after a July fire.  When he did not respond, the City made arrangements to abate the nuisance by removing the remaining structure from the property on Aug. 6, 2009.  Mr. Albert was billed through his attorney on Aug. 21, 2009, and given 30 days to respond.  He did not do so, leading to the need to place the abatement on his property taxes.

The Council must hold a public hearing, and then may:

• Approve the resolution; or
• Not approve the resolution.  If so, the tax payer will not be assessed, and the General Fund will be responsible for paying for the emergency abatement.
   

The expenses for the emergency abatement totalled $8,863.00. This includes removal of debris, temporary fencing, and asbestos abatement monitoring. 

Staff recommends that a public hearing be held and that Council pass the resolution on October 26, 2009.