§ 92.06 REMOVAL BY CITY IN EVENT OF OWNER’S FAILURE TO COMPLY WITH NOTICE; STATEMENT OF COSTS TO OWNER; NOTICE OF LIEN AND LIEN COSTS GENERALLY.
   (A)   Unless within ten days documented by notice, serving, mailing or publication of the notice provided in § 92.04 and 92.05, the unmown yard and real estate, refuse, garbage, ashes, junked vehicles, salvage or other abandoned property as hereinbefore described, is removed from any lot, land, property or elsewhere as directed by such notice, or such nuisance abated, the Mayor, or other authorized city agent, may thereupon cause the same to be removed, either by the agents or employees of the city, or otherwise, as the Mayor or other agent may decide or direct, and the Mayor or other agenda of the city shall report the cost of any such cutting, removing, abating or eradicating thereof to the City Clerk, or other authorized city agent, who shall thereupon and forthwith mail a bill, voucher or statement to any such owner of costs of such removal, the same to be addressed to the last known address of any such owner as hereinbefore provided. If any such bill, voucher or statement of account shall not be paid to the city within ten days after the mailing thereof, then the City Clerk, or any other duly authorized agent or representative of said city, shall prepare a notice of lien against any lot, land or real property upon which any such unmown grass, refuse, garbage, ashes, junked vehicles, salvage or other personal property is removed or nuisance abated for the total amount of the actual cost of cutting and removal or abatement of the same, and the city shall have the right to remove and abate the same at its own cost, which lien shall be duly verified by the City Clerk, Mayor or other authorized representative of the city.
   (B)   Any statement or lien shall be addressed to the person owning any such land, lot or property within the city, and shall briefly describe the property upon which such lien is claimed, and shall further briefly describe the work done thereon in connection with the cleaning, cutting or removing of the material and/or property so removed or nuisance abated by the city, and shall show the cost of such work. The lien shall further include the clerical costs of the City Clerk or other authorized officer, not to exceed the sum of $30 and a fee for the search of records to ascertain the owners of such property not to exceed the sum of $100.
   (C)   The notice shall further include a statement of the costs of recordation of any lien, as well as the notice of lien when so prepared, as aforesaid, which thereupon shall be recorded in the proper lien book in the office of the Clerk of the County Court. Any such notice of lien from the date of its recordation shall be a first lien upon any real estate against which the same is recorded after state, county and municipal taxes and municipal assessments, if any, upon any such land, lot or property described in such lien, and any such lien may be collected in the same manner as liens for taxes or paving assessments under the statutes of the state, or by a civil action in a court of record or before a magistrate, including a Mayor, or in any other manner which is now or may hereafter be provided for the collection of debts or accounts due a municipality under the statutes of this state.
(Ord. 16, passed 4-8-2008; Ord. passed 1-25-2022)