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SEC. 12-3-9 ABATEMENT BY CITY WHERE THE OWNER FAILS TO ABATE.
   (A)   Upon the failure of the owner or person in possession of any premises to abate any unlawful condition existing thereupon within the time prescribed by section 12-3-6, it shall be the duty of the Code Enforcement Supervisor or officer to cause the removal and abatement of such unlawful condition therefrom.
   (B)   Upon the completion of such removal and abatement, the Code Enforcement Supervisor or officer shall deliver to the city collector a statement showing the actual cost of the abatement of the unlawful condition plus an additional fee to cover the cost of notice and cost of collection. The city collector shall thereupon mail to the owner of the subject property a bill covering the cost, if with reasonable diligence the name and address of such owner can be ascertained, and the amount of the bill shall become a lien upon the subject property, and if not paid with 30 days shall be collected as in the manner provided for the collection of delinquent taxes.
   (C)   The expense of the action is also a lien on any other real property owned by the person in default within the city limits or within one mile of the city limits, except for the person's primary residence. A lien established pursuant to this section is inferior to all prior liens and shall be collected as a money judgment. This section shall not apply if the person in default can show that the nuisance was created solely by the actions of another.
   (D)   A Code Enforcement Supervisor or officer shall have the following authority:
      (1)   To enter upon or authorize an agent to enter upon and clean up premises in violation of this article;
      (2)   To utilize the services of an outside contractor to clean up premises in violation of this article.
   (E)   Where a public nuisance as identified in section 12-3-4(S) exists, the Code Enforcement Supervisor or officer may cause the abatement or removal of the nuisance without further notice to the owner and property manager, if known, of the identified property.
(Ord. No. 23-083, § 1, passed 12-14-2023)