The cost of cutting the weeds and the removal of litter from private property shall be recoverable from the owner or person in control of the real estate and is a lien thereon. The per hour per person cost of such labor will be a minimum of two hundred dollars ($200.00) and any rate greater than two hundred dollars ($200.00) per hour per person must be established by the city council on a yearly basis. The lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that within ninety (90) days after completion of the cutting of the weeds, or the removal and disposal of the litter, the city attorney shall file a notice of lien for the cost incurred by the city in the office of land records of Fulton County. Upon payment of the cost, the lien shall be released by the city. (Ord. 1358, 7-21-1992; amd. Ord. 1935, 6-17-2008; Ord. 2002, 6-15-2010)
The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced by the city attorney within three (3) years after the date of filing of notice of lien.
If the city's costs for cutting weeds or removal of the litter are not paid, the city attorney may commence proceedings in the circuit court seeking a personal judgment from the owner or person in control of the subject property. The action authorized by this section shall be in addition to, and without waiver of, any other remedies. (Ord. 1358, 7-21-1992)