§ 151.30 INJUNCTION TO REQUIRE COMPLIANCE WITH REGULATIONS; RECEIVERSHIP; LIENS.
   (A)   If the appropriate Code Official of the city determines, upon due investigation, that any building or structure therein fails to conform to the minimum standards of health and safety as set forth in the applicable ordinances of the city and the owner or owners of such building or structure fails, after due notice, to cause such property to conform, the city may make application to the circuit court for an injunction requiring compliance with such ordinances or for such other order as the court may deem necessary or appropriate to secure compliance.
   (B)   If the appropriate Code Official of the city determines, upon due investigation, that any building or structure located within the area affected by a conservation plan adopted by the city pursuant to the Urban Community Conservation Act, approved July 13, 1953, as heretofore and hereafter amended, fails to conform to the standards and provisions of the plan and the owner or owners of such building or structure fails, after due notice, to cause such property to conform, the city has the power to make application to the circuit court for an injunction requiring compliance with the plan or for such other order as the court may deem necessary or appropriate to secure compliance.
   (C)   (1)   If the court orders the appointment of a receiver to cause the building or structure to conform, the receiver may use the rents and issues of the property toward repair and rehabilitation of the property prior to and despite any assignment of rents. The court may further authorize the receiver to recover the cost of repair and rehabilitation by the issuance and sale of the notes or receiver's certificates bearing such interest as the court may fix. The notes or certificates, after their initial issuance and transfer by the receiver, shall be freely transferable. When sold or transferred by the receiver in return for a valuable consideration in money, material, labor or services, the notes or certificates shall be a first lien upon the real estate and the rents and issues thereof and shall be superior to all prior assignments of rents and all prior existing liens and encumbrances, except taxes. However, within 180 days of the sale or transfer of the note or certificate, the holder thereof shall file with the county recorder of deeds notice of the lien.
      (2)   The notice of the lien filed shall set forth:
         (a)   A description of the real estate affected sufficient for identification;
         (b)   The face amount of the receiver's note or certificate, together with interest payable; and
         (c)   The date when the receiver's note or certificate was sold or transferred for value by the receiver.
      (3)   Upon payment to the holder of the receiver's note or certificate of the face amount thereof together with any interest thereon to such date of payment, and upon the filing of record of a sworn statement of such payment, the lien of the certificate shall be released. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens. The suit to foreclose the lien shall be commenced within two years after the date of default.
   (D)   In any proceedings hereunder in which the court orders the appointment of a receiver, the court may further authorize the receiver to enter into such agreements and to do such acts as may be required to obtain first mortgage insurance from an agency of the federal government on the receiver's notes or certificates.
(Ord. 7547, passed 10-1-91)