§ 97.08. Abatement by the city.

(A)

If the owner of property maintained in violation of § 97.03 fails to abate the violation with the 14-day period provided for in § 97.07, the city shall abate any violation of § 97.03 found upon property located within the city.

(B)

If the city abates a violation of § 97.03, it shall assess the following charges against the owner of the property upon which the abated violation was found:

(1)

An amount equal to the fair rental value for the equipment used in abating the violation, such rental value to be determined by prevailing commercial rates in the local area;

(2)

An amount equal to the salaries of all employees utilized to abate the violation, including any necessary overtime, which shall be calculated by multiplying the number of hours worked by an employee to correct the violation multiplied by the employees' hourly rate;

(3)

An amount equal to 25 percent of the amount calculated under subdivision (2) to cover the cost of employee benefits not included within the employees' hourly wage; and

(4)

An amount equal to ten percent of the sum of the amounts calculated under subdivisions (1), (2) and (3) to cover administration costs.

(C)

The city manager may, in his sound discretion, contract with a third party for the services necessary to abate a violation of § 97.03. In that event, the city shall assess the following charges against the owner of the property upon which the abated violation was found:

(1)

The amount paid to the third party contractor for the abatement services; and

(2)

An amount equal to ten percent of the amount calculated under subdivision (1) to cover administration costs.

(D)

In the event the city abates, or hires a third party to abate, a violation of § 97.03, and assesses charges for such abatement pursuant to this section, the city shall notify the owner of the property in question of any such assessment by serving upon the owner, by certified mail, return receipt requested, an invoice for the amounts charged. Should the owner fail to pay the amount shown on the invoice within 30 days from the date of the owner's receipt of the invoice, or within 30 days of the invoice being returned unclaimed, the city manager shall record a notice of lien for the amount of the assessment in the public records of Lake County, Florida.

(Ord. 90-019, passed 7-26-90)