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(1) The City may abate the condition which was caused by or continues to be a civil violation when:

(a) The terms of the Voluntary Corrective Agreement pursuant to PMC 1.40.040 have not been met; or

(b) A notice of civil violation has been issued pursuant to PMC 1.40.050 and a hearing has been held pursuant to PMC 1.40.060 and the required correction has not been completed by the date specified in the Code Enforcement Board’s order; or

(c) The condition is subject to summary abatement as provided for in subsection (2) of this section.

(2) Summary Abatement. Whenever any violation of a regulation causes a condition the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.

(3) Authorized Action by the City. Using any lawful means, the City may enter upon the subject property and may remove or correct the condition which is subject to abatement. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition.

(4) Recovery of Costs and Expenses. The cost, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the City of Pasco within 10 calendar days. The term “incidental expense” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing.

(5) Interference. No person shall obstruct, impede, or interfere with the City or its agents, or with any person who owns, or holds any interest or estate in any property, in performing any acts necessary to correct the violation. [Ord. 3190 § 1, 1996; Code 1970 § 11.02.070.]