(a) By mutual agreement of the Community and Economic Development Director and City Legal Counsel, without the necessity of first seeking authority therefor from the City Manager or the Council, an application to the Circuit Court may be instituted if notice has been provided under Section 1456.06 and abatement has not taken place and a plan for abatement has not been submitted and approved or has not been complied with seeking an order for specific findings of defects and a reasonable time in which to remedy such defects and an order for the subsequent demolition, repair or enclosure of a dangerous and unsafe building, or for the removal of garbage, debris and/or hazardous, noxious or unhealthy substances or materials from such building if such defects remain unabated after such time or without notice under Section 1456.06 seeking an order with specific findings of defects having such an imminent threat to the safety of persons or property that immediate destruction or cure is necessary and ordering the immediate demolition or other immediate abatement.
(b) If authorized by Court order, the City's costs of any demolition, repair or enclosure, or removal of garbage, debris and other hazardous, noxious or unhealthy substances, including Court costs, attorney's fees and other costs related to the enforcement of this chapter, are recoverable from the owner or owners of such real estate and are a lien upon such real estate, which lien is superior to all prior existing liens and encumbrances, except taxes, provided that within 180 days after such repair, demolition, enclosure or removal, a notice of lien of such costs and expenses is filed in the office of the County Recorder.
Such 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 costs and expenses incurred; and
(3) The date or dates when the costs and expenses were incurred by the City.
(c) Upon payment of costs and expenses by the owner of record or persons interested in the property after the notice of lien has been filed, the lien shall be released and a release shall be filed of record as in the case of filing the notice of lien.
(d) The City may enforce any lien provided for in this section as follows:
(1) By foreclosure proceedings, as in the case of mortgages or mechanics liens; or
(2) By petitioning the Court to retain jurisdiction for foreclosure proceedings in the same proceeding in which the lien was authorized. Notice of the petition shall be served by certified or registered mail on all persons who were served with notice pursuant to Section 1456.06. The Court shall conduct a hearing on the petition not less than fifteen days after such notice is served. If the Court determines that the requirements of this paragraph have been satisfied, it shall grant the petition to retain jurisdiction over the matter until the foreclosure proceeding is completed. The provisions of Article 15 of the Code of Civil Procedure (Chapter 110, paragraphs 15-101 et seq.), as amended, applicable to mortgage foreclosures shall apply to foreclosure of the lien pursuant to this section, except to the extent that such provisions are inconsistent with this section. However, for purposes of foreclosures of liens pursuant to this section, the redemption period described in subsection (b) of Section 15-1603 of the
Code of Civil Procedure (Chapter 110, paragraph 15-1603), as amended, shall end sixty days after the date of entry of the order of foreclosure.
(1977 Code §6-1011; Ord. 90-1. Passed 1-16-90; Ord. 91-70. Passed 10-7-91; Ord. 94-81. Passed 9-19-94; Ord. 2003-11. Passed 1-18-03; Ord. 2017-56. Passed 7- 17-17.)