(A) If any building, fence, shed, awning or other structure, is found by the town likely to endanger persons or property, the Town Council may:
(1) Order the owner of the structure, the owner’s agent or the owner or occupant of the property on which the structure is located to repair, remove or demolish the structure, within a specified time; or
(2) Repair, remove or demolish the structure or the part of the structure, at the expense of the town, on behalf of the owner of the property on which the structure is located, and assess the repair, removal or demolition expenses on the property on which the structure was located.
(B) All expenses incurred by the town in the repair, removal or demolition of the structure under division (A)(2) above shall be assessed on the land, on which the structure stands or to which it is attached.
(C) Within ten days after the assessment is made the town shall give notice to the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing in the United States mail addressed to the owner at the owner’s post office address;
(3) Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner’s post office address is unknown; or
(4) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.
(D) The expenses shall be recovered as follows:
(1) 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. 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 the lien. The notice must contain a legal description of the land.
(2) Except as provided by § 150.05, the town’s lien to secure the payment of a civil penalty or the costs 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.
(3) Any civil penalty or other assessment imposed under this section accrues interest at the rate of 10% a year from the date of the assessment until paid in full.
(4) The town’s right to the assessment lien may not be transferred to third parties.
(5) In any judicial proceeding regarding enforcement of the town’s rights under this section, the prevailing party is entitled to recover reasonable attorney’s fees from the nonprevailing party.
(6) 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 residence by a person 65 years of age or older.
(Ord. 2004-005, passed 7-23-2004) Penalty, see § 150.99