(a) If a dwelling is constructed, altered, converted or maintained in violation of any of the provisions of the PMC or of any order or notice given hereunder, or if a nuisance exists at any dwelling, then the City, by and through the Administrator, may institute an action in the Circuit Court to prevent such unlawful construction, alteration, conversion or maintenance; to restrain, correct or abate such violation or nuisance; to prevent the occupation of such dwelling; or to prevent any illegal act in the conduct of any business in or about such dwelling. The procedure for such action shall be the same as for an injunction or abatement of a nuisance under Circuit Court rules, under the statutes made and provided in such cases or under the common law. The judgment of the Court in such a cause may direct the correction, repair or rehabilitation of the dwelling or the abatement of the nuisance, may authorize a reasonable time within which the defendant may make such correction or abatement and may authorize the City to execute and carry out the judgment in case of default by the defendant. Whenever the City has incurred any expense for the enforcement of the PMC or the judgment of the Court, the City may institute and maintain a suit against the responsible party of the dwelling in respect to which such expense was incurred and may recover the amount of such expense in addition to the costs of the suit. The judgment of the Court may order the vacation of the dwelling until the corrections, rehabilitations or abatements are completed.
(b) In appropriate cases, the City shall have a lien upon the premises for the expenses necessarily incurred in the execution of such judgment, which lien shall have priority over all other liens or encumbrances, except taxes, assessments or mortgages recorded previous to the existence of such lien. Such a lien may be foreclosed, as in the case of foreclosure of mortgages, by court action, as established by Circuit Court rules and the statutes of the State made and provided in such cases.
(c) In any action instituted by the City under this section, the City Attorney shall file, in the office of the County Register of Deeds, a notice of the pendency of the action or proceeding. A notice may be filed at the time of the commencement of the action or proceeding, or at any time afterward before final judgment or order, or at any time after the service of any notice or order issued by the City. The notice shall have the same force and effect as a lis pendens as provided for in State statutes. The County Register of Deeds shall record it and shall index it to the name of each person specified in directions prescribed by the City Attorney. Any notice may be vacated upon the order of the judge of the court in which the action or proceeding was instituted or is pending, or upon consent, in writing, of the City Attorney. The County Register of Deeds shall mark the notice and any record thereof as cancelled of record upon the presentation, for filing, of the consent, or of a certified copy of the order.
(Ord. 19-85. Passed 8-20-85; Ord. 08-2016. Passed 6-21-16.)