The Code Enforcement Board shall have the following powers and duties:
(A) To adopt rules and regulations to govern its operations and the conduct of its hearings;
(B) To conduct hearings to determine if there has been a violation of an ordinance over which it has jurisdiction;
(C) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Code Enforcement Board may be served by any Code Enforcement Officer;
(D) To take testimony under oath. The chairman shall have the authority to administer oaths for the purpose of taking testimony;
(E) To make findings of fact and issue orders necessary to remedy any violation of a city ordinance or code provision, which the Board is authorized to enforce, specifically including, but not limited to:
(1) Abatement of violation. If the owner of property in violation of any city ordinance enforced under this subchapter fails to properly cure or remedy the violation within the time prescribed in the notice of violation or within the time given by this subchapter following the entry of an order by the Code Enforcement Board, whichever is later, then the city, in its discretion and without obligation, may enter upon the real estate and take such action as it deems appropriate to cure the violation and abate the nuisance. Such action may include, but not be limited to, the cutting or removing of grass and weeds, the removal of trash, debris, garbage, commercial refuse, building material, waste, junk, litter, overgrowth vegetation, dead and deteriorated trees and other matter constituting a violation;
(2) Assertion of lien. The city shall have the right to assert a lien against the real estate for the reasonable value of labor, materials, and equipment used in remedying the situation, together with all civil penalties, together with all attorneys' fees, costs, and expenses incurred by the city as a result of enforcing any ordinance and the lien. The affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to the ordinance, and shall be recorded in the Office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter at the rate of 12% per annum until paid. The lien created shall be superior to and have priority over all other liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings, In addition to enforcement of the lien described above, the owners of real estate upon which a lien has been attached pursuant to this subchapter shall be jointly and severally liable for the amount of the lien, including all interest, civil penalties, attorneys' fees incurred by the city, expenses of litigation, court costs, and other charges, and the city may bring a civil action against any owners and shall have the remedies as provided for the recovery of a debt owed.
(3) Other remedies. Nothing contained herein shall prohibit the city from pursuing any other remedy available, including, without limitation, applying for injunctive relief or correcting the violation itself, after notice, as provided in this chapter or any ordinance.
(F) To impose civil fines, as authorized, on any person found to have violated an ordinance over which the Board has jurisdiction.
(Ord. 2019-9, passed 6-11-2019; Ord. 2020-8, passed 11-10-2020)