(A) The City shall assess the entire cost of City abatement action upon the affected property as a special assessment, which assessment, when made, shall constitute a lien upon such property by the City. The lien of the City shall encompass, in addition to the abatement cost for the vacation or removal of the facility, all administrative, legal, postal and publication expenses, as well as all other direct or indirect costs associated therewith.
(B) The City shall file such lien in the official records of Broward County showing the nature of such lien, the amount thereof, an accurate legal description of the property, including the street address, which lien shall date from the date of the filing and recite the owners of the property. Such municipal lien shall bear interest from such date at the rate of 8% per annum. However, the assessment may be paid without interest at any time within 30 days after the improvement is completed. The City may enforce the lien upon the real property of the owner, as provided for in F.S. Ch. 173, as amended from time to time. The lien shall be coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles and claims (regardless of when created or recorded, if recorded), in accordance with applicable law, until paid.
(C) In the alternative, the City may collect all such liens assessed pursuant to F.S. § 197.3632, as authorized pursuant to F.S. § 197.3632(9).
(D) The City Attorney is authorized to initiate court action, including seeking injunctive relief before a court of competent jurisdiction, or to initiate foreclosure proceedings, in order to enforce this subchapter. If a violation of this subchapter exists, the City shall be entitled to an injunction requiring the mortgagee or owner to correct the violation on an expedited basis and at the mortgagee or owner’s expense. If requested, the City shall also be entitled to appointment of a receiver for the property, with expenses for the receiver to be paid by the mortgagee or owner. Likewise, the City shall be entitled to recovery of its attorneys’ fees and costs in obtaining a court order under this subchapter. The provisions of this subchapter are cumulative with and in addition to other available remedies, including code enforcement.
(Ord. O-2022-24, passed 12-7-22)