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(A) The actual cost to the city for removing and disposing of litter, as provided in § 96.47, shall be and the same is hereby declared and constituted a lien in favor of the city upon and against the property. All costs, together with any penalty applicable thereto, as provided in division (B) below, shall be collected in the manner provided in division (C) below.
(B) In all cases where the full amount due the city is not paid to the Clerk-Treasurer of the city by the owner of the property within 30 days after the removal and disposal of the litter, as provided for in §§ 96.46 and 96.47, the costs shall thereupon become and are hereby declared to be delinquent. A penalty of 10% of the amount of the costs shall thereupon attach thereto and shall be included in the lien and shall be collectible in addition to the cost.
(C) Whenever a delinquency occurs for nonpayment of the cost, the Clerk-Treasurer shall file in the County Recorder’s office a notice of lien setting forth the name or names of the owner or owners of each property on which the cost has become delinquent, the description of each property as shown by the records of the County Auditor’s office, and the amount of the delinquent cost and the penalty thereon. The lien shall attach to the property described in the notice of lien from the time of the recording of the notice of lien. The Clerk-Treasurer is further hereby authorized and directed to certify to the County Auditor a true copy of the notice of lien and the amount of the delinquent cost and penalty thereon, which shall be charged to the property on the tax duplicate and shall be collected in the same manner that taxes are collected by law.
(D) The notice of lien so filed, recorded, and certified in accordance with the provisions hereof shall be prima facie evidence that the provisions of this chapter have been fully complied with and that the work has been done in accordance with the provisions hereof, and shall be full notice to any person whomsoever that the amount of the lien constitutes a charge and lien against the property therein described and that the same is due and collectible as provided by law. Upon collection of the cost and penalty thereon, the County Auditor or other appropriate county official shall pay over to the Clerk-Treasurer of the city the total amount of the cost so collected, together with one-half of the penalty thereon, retaining for the use and benefit of the county the remaining one-half of this penalty as a fee for the collection.
(‘67 Code, § 93.22(C)) (Ord. 3-1967, passed 4-10-67) Penalty, see § 96.99