(A) The Mayor's designee may impose a civil fine of $200 for a first failure to cure violations of this article, $300 for a second failure to cure violations of this article and $500 for a third or subsequent failure to cure violations of this article after notice has been issued pursuant to § 11-1-1-21. Failure to pay the fine, appeal the fine, or prevail at an administrative hearing challenging the fine shall allow the Mayor's designee to place a lien upon the subject property or any asset owned by the subject property's owner. The Mayor's designee may also choose to collect on the fine through any other method allowed by law.
(B) General. Whenever the Mayor's designee imposes a civil fine for violations of this article, the Mayor's designee shall issue notice of civil fine directed to the owner of the subject property, their agent and/or responsible party, and, where appropriate, to the occupant of the subject property, as shown on the records of the Bernalillo County Assessor and the Mayor's designee. The notice of civil fine shall contain:
(1) The street address and a legal description sufficient for identification of the premises upon which the building is located;
(2) A statement that the Mayor's designee has found the subject property to be in violation of this article;
(3) A concise description of the conditions found to render the subject property dangerous under the provisions of this code;
(4) The amount of the fine assessed;
(5) A statement that the fine must be paid in full within 30 days of the date of the notice;
(6) Instructions for how the fine can be paid; and
(7) A statement advising that any person having any title or legal interest in the subject property may appeal from the notice of civil fine to the Office of Administrative Hearings, provided the appeal is made in writing as provided in this article, and filed with the Office of the Administrative Hearings within 15 days of service of notice of clvll fine, and that failure to timely appeal the notice of civil fine shall constitute a waiver of the right to appeal.
(C) Method of service.
(1) Service of the notice of civil fine shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person and owner, responsible party or identified agent at their address as shown on the records of the Bernalillo County Assessor or as known to the Mayor's designee. If no address of any such person so appears or is known to the Mayor's designee, then a copy of the notice of civil fine shall be so malled, addressed to such person, at the address of the building involved in the proceedings and posted thereon.
(2) The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(D) Proof of service. Proof of service of the notice of civil fine shall be certified by written affidavit executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the Mayor's designee.