(A) In addition to the authority set out herein above, the town, after the expiration of the time allotted under § 150.05(A), (B) and (C) for the repair, removal or demolition of a building, the town may:
(1) Repair the building at the expense of the town and assess the expenses on the land on which the building stands or to which it is attached and may provide for that assessment, the mode and manner of giving notice, and the means of recovering the repair expenses; or
(2) Assess a civil penalty against the property owner for failure to repair, remove or demolish the building and provide for that assessment, the mode and manner of giving notice, and the means of recovering the assessment.
(B) The town may repair a building under division (A) above only to the extent necessary to bring into compliance with the minimum standards and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards.
(C) The town shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the State Constitution, to secure the payment of the repair, removal or demolition expenses or the civil penalty.
(1) Promptly after the imposition of the lien, the town must file for record, in recordable form in the office of the County Clerk in which the land is located, a written notice of the imposition of lien.
(2) The notice must contain a legal description of land.
(D) Except as provided by § 150.05, the town’s lien to secure the payment of a civil penalty or the cost of repairs, removal or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the town’s lien attaches if the mortgage lien was filed for record in the office of the County Clerk of the county in which the real property is located before the date the civil penalty is assessed or the repair, removal or demolition is begun by the town. The town’s lien is superior to all other previously recorded judgment liens.
(E) In any judicial proceeding regarding enforcement of town rights under this section, the prevailing party is entitled to recover reasonable attorney’s fees from the nonprevailing party.
(F) A lien acquired under this section by the town for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.
(Ord. 2004-005, passed 7-23-2004)