(A) If the owner of the building fails to comply with the notice to enclose within 10 days after the date of mailing of the notice, the Building Inspector may file a complaint in the circuit court requesting the enclosure of the building by the owner. If the owner fails to comply with an order from the court, the city may cause the structure to be enclosed in compliance with the City Code.
(B) Any open structure which poses an immediate health hazard shall be enclosed within 24 hours. In the event the structure is not enclosed within 24 hours, the department may enclose or cause the enclosure of the structure. Should the open structure be in a location or condition so as to be an emergency, the department may enclose or cause the enclosure of the structure without delay without first issuing any notice.
(C) The cost of enclosure by the city shall constitute a lien on the property where the building is located. The lien shall consist of a sworn statement setting out a description, the amount of money representing the cost and expense incurred, and the date or dates when the cost and expense was incurred by the city. Upon payment of the costs and expense by the owner or other persons interested in the property after the notice of lien has been filed, the lien shall be released and the release may be filed by the owner or other person interested in the property. The lien may be enforced by proceedings to foreclose as in cases of mortgages or mechanic’s liens.
(D) If the city corrects the violation itself or causes the violation to be corrected on its behalf, the owner of the property shall nevertheless be subject to a fine for the code violation as provided for in this chapter in addition to a lien being placed on the owner’s property. In addition, the city may also obtain a personal judgment against the owner of the property for the costs of correcting the violation.
(Ord. 2479, passed 3-11-2014)