(A) Whenever a bill for the reasonable costs of abatement or removal of a nuisance pursuant to this chapter remains unpaid for thirty (30) days after it has been sent, the cost shall be placed upon the city's tax books against the property and may be collected, and the liens may be foreclosed, in the same manner as taxes and tax liens are collected and foreclosed, in the same manner as taxes and tax liens are collected and foreclosed, or by other civil suit or process as the corporation counsel may determine. In addition, the city shall have a lien on the property in the amount of such costs and the expense of preparing any lien statements provided for hereafter. The clerk may file a notice of lien with the Madison County Clerk, pursuant to state law but failure to file such notice shall not invalidate the lien provided for herein. Unpaid bills for the cost of abatement shall bear interest at the rate of twelve percent (12%) per annum, compounded annually. Any notice of lien pursuant to this chapter shall be filed within ninety (90) days after the cost and expense of abatement or removal of nuisance has been incurred by the city. The notice shall consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred or payable for the service; and
(3) The date or dates when the costs and expense was incurred by the city.
(B) Any purchaser whose rights in and to the real estate have arisen subsequent to removal of the public nuisance and prior to the filing of the notice shall not be held personally liable for the costs of abatement or removal, and the lien of the city shall not have priority as to any mortgage, judgment creditor or other lienor whose rights in and to the real estate arise prior to the filing of the notice, but the property shall be subject to the lien and addition to the tax bill provided for herein.
(C) Costs and expenses under this chapter include, but are not limited to the actual costs and expenses in time of city employees or city authorized contractors and in materials concerning the actual actions of abatement of the nuisance pursuant to this chapter, transportation to and from the property, title searches, or certifications, preparations of lien documents, foreclosure and other related expenses, including, but not limited to reasonable attorney's expenses.
(D) A copy of the notice of lien shall be mailed by the clerk to the owner of the property, or to the occupant, or to the person or persons in whose name the real estate was last billed for property tax purposes.
(E) The city may enforce the lien by action initiated in the Madison Circuit Court for the unpaid assessment of the costs and expenses, and the proceeds of the sale applied to pay the charges, after deducting costs.
(F) The city may institute proceedings in any court having jurisdiction over the matters against any property for which the costs and expenses have remained unpaid for thirty (30) days after a statement of the costs and expenses have been mailed to the property owner, to the occupant, or to the person or persons in whose name the property was last billed for property tax purposes.
(G) After notice of lien has been filed and upon payment of the costs and expenses plus interest from the date thirty (30) days after the bill was sent, the clerk shall file with the Madison County clerk a release of the lien.
(H) If payment of the city's costs of removal or abatement of the nuisance is not paid to the city within thirty (30) days of the filing of the notice of the lien, the city council is empowered to commence proceedings in the Circuit Court seeking a personal judgment from the owner of or persons interested in the property at the time the complaint for removal or abatement was filed with the Circuit Clerk in the amount of the costs. The action shall be based upon the implied consent for persons to form a contract for the removal or abatement of the nuisances. The action authorized by this subsection shall be in addition to, and without waiver of, any other remedy.
(Ord. No. 14.90, § 1, 6-19-90; Amd. Ord. No. 03-06, passed 1-14-06)