(a) If the sum demanded by the City from the property owner is not timely paid, the City may file a petition with the Calhoun County Circuit Court requesting that the court:
(1) Determine the amount which is due to the City and/or the receiver from the owner;
(2) Order that the amount due to the City and/or the receiver is a recordable lien against the property and that the lien shall be superior to all other claims except liens filed prior to the date the City recorded its lis pendens;
(3) Specify a deadline, not to exceed sixty days, for the payment of the amount due the City and/or the receiver; and
(4) Enter a judgment of foreclosure authorizing the City, if the owner fails to pay as ordered, to conduct a foreclosure sale, the procedure for which shall conform, unless stated to the contrary herein, to that generally used for judgment executions.
(b) The judgment of foreclosure shall state:
(1) The time, place and date for the sale, and
(2) A period of redemption, not to exceed four months.
(c) If a foreclosure sale occurs and the owner fails to make the payment required by the court during the period of redemption, the court, upon the City’s motion, shall:
(1) Enter an order of confirmation vesting in the name of the foreclosure sale’s highest bidder all right, title and interest in the real property, free and clear of any claim by the owner;
(2) Enter an order directing distribution of all funds obtained from the foreclosure sale in accordance with the priorities of the parties and all lien holders of record, as determined by the court; and
(3) Order that any surplus from the foreclosure sale, after the payment to all others, be paid over to the owner of the property.
(Ord. 30-05. Passed 10-18-05.)