§ 17-29. Lien authorized  


Latest version.
  • The charges provided for in this article shall be levied, assessed, and collected by the City. In the event the owner of said premises upon which the work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the written notification to pay, there shall be assessed the charges and expenses incurred against the real estate on which the work was done. After such time, or after an administrative hearing if one is requested by the owner, whichever is later, the mayor; the City Manager, city attorney, City Clerk, code inspector, as the mayor's designee; municipal health authority; or other municipal official designated by the mayor, shall file a statement with the county clerk of the expenses incurred in the abatement of the above-described condition, including administrative fees as described herein, and the City shall have a privileged lien on any lot or lots upon which such expenses were incurred, second only to tax liens and liens for street improvements. The lien statement shall state the name of the owner, if known, and the legal description of the property. A copy of the lien statement filed with the county clerk shall be mailed to the owner, if the owner is known. Said privileged lien shall bear interest at the rate of ten (10) percent per annum from the date the work was performed (if the work was performed by the City) or from the date payment therefor was made by the City (if the work was performed by a contractor retained by the City). For any such expenditures and interest as aforesaid, suit may be instituted and foreclosure had in the name of the City and the statement so made as aforesaid or a certified copy thereof, shall be prima facie proof of the amounts expended for any such work or improvement.

(Ord. No. 2000-020, § 3, 4-10-00; Ord. No. 2002-028, § 2, 5-13-02)