14A-3-313.3 Abatement order.

If the court finds that the City has established by a preponderance of the evidence that the building or structure identified in the notice is a public nuisance as described in Section 14A-3-313.1, the court must enter an order of abatement requiring the owner, within a time frame specified in the order, to take all reasonable measures necessary to abate the public nuisance. The court’s order of abatement may include, but is not limited to: correcting all code violations; altering, repairing, or improving the building or structure, rendering the building or structure fit for human use or habitation; vacating or enclosing the building or structure; or demolishing the building or structure. The court may also appoint a receiver; authorize a lienholder to take possession of the property to abate the nuisance; or, if requested by the Corporation Counsel and reasonable in light of the magnitude of the harm caused or which can reasonably be expected to be caused by the nuisance, the market value of the property in its current condition, and the extent to which the owner has failed to take effective measures to abate the nuisance, the assignment to the City or to a third party designated by the City or forfeiture to the City of all of the defendants’ rights, title, and interest in the real estate.

14A-3-313.3.1 Presumption in favor of forfeiture.

There is a rebuttable presumption that the issuance of an order of forfeiture or assignment of all of the defendants’ rights, title and interest in the real estate is appropriate for any property that is determined to be a nuisance under items 1, 2, 4, or 5 of Section 14A-3-313.1.

14A-3-313.3.2 Disposition of forfeited property.

Any property assigned or forfeited to the City under this section may only be disposed of as authorized by the city council.

14A-3-313.4 Fine.

For any building or structure that is a public nuisance subject to abatement proceedings under this section, the owner must be fined in accordance with Section 14A-3-302 for each day the nuisance has existed until the nuisance is abated.

14A-3-313.5 Lien.

The amount of any fine imposed under Section 14A-3-302 in a proceeding involving a building or structure that is a public nuisance, any cost to the City for repairs, alterations, improvements, vacating and enclosing, or demolition, and the costs to the City of bringing an abatement proceeding are recoverable from the owner, are a lien on the property upon which the building or structure is or was located, and are enforceable against any person against whom the order of abatement issues, as provided by law.

14A-3-313.5.1 Waiver.

Any lien created under Section 14A-3-313.5 may, upon a showing of good cause, be waived by the Corporation Counsel.

14A-3-313.5.2 Priority.

Any lien for the cost of repairs, alterations, improvements, demolition, receivership, vacating or enclosing incurred by the City is a first lien upon the real estate and the rents and issues thereof, and is superior to all prior assignments of rents and all prior existing liens and encumbrances, except taxes, and may be enforced pursuant to applicable law.

14A-3-313.5.3 Licenses.

A business license may not be issued relating to the property subject to a lien under Section 14A-3-313.5 until the lien is satisfied or, upon a showing of good cause, the lien is waived by the Corporation Counsel.