(A) Account of expense, filing of report; contents. The City Administrator shall keep an itemized account of the expense incurred by the city in repair or demolition of any building done pursuant to the provisions of § 155.07(A)(3) of this code. Upon the completion of the work of repair or demolition, said Administrator shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to § 155.04(C).
(B) Report transmitted to Council - set for hearing. Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing said report, and any protests or objections thereof. The City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the city, and served by certified mail, postage prepaid, addressed to the owner of the property as his or her name and address appear on the last assessment roll of the city, if such so appear, or as known to the Clerk. Such notice shall be given at least ten days prior to the date set for hearing and shall specify the day, hour, and place when the City Council will hear and pass upon the Administrator's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge.
(C) Protests and objections - how made. Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Administrator. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The City Clerk shall endorse on every such protest or objection the date it was received by him or her. He or she shall present such protests or objections to the City Council at the time set for the hearing, and no other protests or objections shall be considered.
(D) Hearing of protests. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon the report of the Administrator together with any such objections or protests. The City Council may make such revision, correction or modification in the report or the charge as it may deem just, and when the City Council is satisfied with the corrections of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive.
(E) Personal obligation or special assessment.
(1) General. The City Council may thereupon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved.
(2) Personal obligation. If the City Council orders that the charge shall be a personal obligation of the property owner, it shall direct the City Attorney to collect the same on behalf of the city by use of all appropriate legal remedies.
(3) Special assessment. If the City Council orders that the charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property.
(4) Consensual assessment. Notwithstanding other provisions, the city and property owner may enter into an agreement which provides for payment and assessment, and may modify the provisions of this section to effect such agreement.
(F) Contest. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment.
(G) Authority for installment payment of assessments with interest. The City Council, in its discretion, may determine that assessments in amounts of $500 or more shall be payable in not to exceed ten equal annual installments. The City Council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.
(H) Lien of assessment.
(1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county, school and city taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.
(2) Interest and assessment. In the event the costs of demolition, repairs or cleanup as hereinbefore provided remains uncollected or unpaid after 30 days following the demolition, repairs or cleanup, then paid amount shall be returned by the city to the City Assessor, and the same, together with the interest at the rate of 6% per annum, shall be placed upon the tax roll next in course of preparation as a charge against the property upon which such order was carried out, and the same shall become a lien upon the land and shall be assessed and collected in the same manner as a special assessment of the city, and as assessed and collected shall be paid into the general fund to reimburse the outlay therefrom aforesaid.
(I) Report to assessor and tax collector; addition of assessment to tax bill. After confirmation of the report, certified copies of the assessment shall be given to the City Administrator and the City Treasurer who shall add the amount of the assessment to the next regular tax bill levied against the parcel.
(J) Collection of assessment; penalties for foreclosure.
(1) The amount of the assessment shall be collected at the same time and in the same manner as ordinary township taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to such assessment.
(2) If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary city taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary city taxes.
(K) Repayment of repair and demolition fund. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Treasurer who shall credit the same to the Repair and Demolition Fund.
(Ord. 295, passed 2-4-08)