§ 34.05 REAL PROPERTY; ACTION TO BRING COMPLIANCE; EXPENSES AS LIEN AGAINST PROPERTY.
   (A)   If a condition violating an ordinance set forth by the town exists on private real property the officials of the municipal corporation may enter onto the property and take appropriate action to bring the property into compliance with an ordinance violated; however, before action to bring the property into compliance with an ordinance, all persons holding a substantial interest in the property must be given a reasonable opportunity of at least ten days but not more than 60 days to bring the property into compliance.
      (1)   If the municipal corporation takes action to bring compliance, the expenses incurred by the municipal corporation to bring compliance may constitute a lien against the property.
      (2)   The lien is superior to all other liens except for taxes, in an amount not to exceed:
         (a)   Two thousand five hundred dollars for real property that:
            1.   Contains one or more occupied or unoccupied single- or double-family dwellings or the appurtenances or additions to those dwellings; or
            2.   Is unimproved.
         (b)   Ten thousand dollars for all other real property not described in division (A)(2)(a) above.
   (B)   The town may also issue a bill to the owner of the real property for the costs incurred by the governing municipal corporation in bringing the property into compliance with the ordinance, including administrative costs and removal costs.
   (C)   If the owner of the real property fails to pay a bill issued under division (A)(2)(a)2. above, the municipal corporation may after 30 days, certify to the County Auditor the amount of the bill, plus any additional costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the municipal corporation.
(Prior Code, § 24.05) (Ord. 04-08, passed 11-8-2004)