(A) The city shall have a lien against the property for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of this chapter, including abatement costs. 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 this section, and shall be recorded in the office of the Perry County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at a rate of 8% annually thereafter until paid. The city shall possess the lien for ten years following the date of the final, nonappealable order of a Code Enforcement Board or final judgment of the court. The lien may be enforced by judicial proceeding.
(B) The lien created shall take precedence over all other liens, except state, county, school board, and city taxes, and the lien shall not take precedence or priority over a previously recorded lien if:
(1) The city failed to provide the lien holder a copy of the determination by City Commission or Code Enforcement Board; or
(2) The lien holder received a copy of the determination and the lien holder corrected the violations or paid all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of the chapter, including abatement costs.
(C) The owner of a premises upon which a lien has been attached shall be personally liable for the amount of the lien, including all civil fines assessed for the violation and all charges, fees, and abatement costs incurred by the city in connection with the enforcement of the chapter. The city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed. The failure of the city to comply with notifying the owner of the enforcement action and the failure of a lien to take precedence over previously filed liens shall not limit or restrict any remedies that the city has against the owner of the premises.
(D) This section shall not apply to an owner, occupant, or person having control or management of any property if the owner, occupant, or person is not the generator of the rubbish or is not dumping or knowingly allowing the dumping of the rubbish and has made reasonable efforts to prevent the dumping of rubbish by other persons onto the premises.
(Ord. 2018-01, passed 8-21-17; Am. Ord. 2020-02, passed 7-24-19)