§ 38-100. Liens; assessment.  


Latest version.
  • (a)

    After causing the nuisance condition to be remedied as provided in section 38-98, the code enforcement division manager shall certify to the city clerk the actual cost incurred in remedying the condition, whereupon such cost, plus a charge equal to 100 percent of such cost to cover city administrative expenses, shall become payable within ten days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate of 12 percent per annum from the date of such certification until paid.

    (b)

    Prior to approving and recording a claim of special assessment lien pursuant to subsection (c), the city shall, by hand or certified mail, return receipt requested, deliver or send a notice of assessment of costs to the last known owner of record of the subject real property. If the assessment is not paid or arrangements satisfactory to the city have not been made to pay such assessment within ten days after notice is received, then the claim of special assessment lien may be recorded.

    (c)

    Such lien shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time by payment thereof, including accrued interest. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of the county.

    (d)

    The city attorney is authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which a lien has been filed pursuant to this and the property owner shall be liable for all costs, including reasonable attorney's fees, incurred in any such action.

(Ord. No. 08-06, § 2, 1-10-08; Ord. No. 09-01, § 2, 1-5-09)