§ 94.077  CLEARING PRIVATE PROPERTY BY CITY.
   (A)   The Code Enforcement inspectors are authorized and empowered to notify the owner or his or her agent of any open or vacant private property within the city to properly dispose of litter located on the owner’s property which is dangerous to the public health, safety or welfare.  This litter shall constitute a public nuisance.  The notice shall be by the following means:
      (1)   Personally serving a copy of the notice upon the property owner or occupant; or
      (2)   If the owner or occupant is not present, by leaving a copy of the notice at the premises and by then mailing a copy of the notice to that address.
   (B)   Upon the failure, neglect, or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 5 days after receipt of the notice provided for in division (A) above, the health officers of the Board of Health and other personnel are hereby authorized and empowered to pay for the disposing of the litter or to order its disposal by the city.
   (C)   When the city has effected or paid for the removal of the dangerous litter, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by the owner prior to the limits of division (B) above, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the city, and this charge shall be due and payable by the owner at the time of payment of the bill.
   (D)   Where the full amount due the city is not paid by the owner within 60 days after the disposal of divisions (A) and (B) above, then the health officers and other personnel of the Board of Health, shall cause to be recorded in the office of the County Recorder and the mortgage office of the city, a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which the work was done.
      (1)   The recordation of this sworn statement shall constitute a lien and privilege on the property, and shall remain in full force for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made.  These costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event the lien is not paid in full on or before the date the tax bill on which the charge appears becomes delinquent.
      (2)   Sworn statements recorded in accordance with the provisions of this section shall be prima-facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the amount is due and collectible as provided by law.
(Prior Code, § 94.57)  (Ord. 3714, passed 11-9-1970; Am. Ord. 6035, passed 3-23-1987; Am. Ord. 8435, passed 7-22-2002)