(A) If the owner, occupant, mortgagee or lessee fails to comply with the findings provided for in Section 1420.09(B), within ten days thereof, the Building Commissioner shall cause the building or structure involved to be repaired, vacated or demolished, as required, according to standards provided in Section 1420.07. He shall, with the assistance of the Director of Law, cause the costs of such repair, vacation or demolition to be charged as a lien against the land on which the building exists or existed, to be added to the tax duplicate as an assessment, to be levied as a special tax against the land upon which the building exists or existed or to be recovered in a suit at law against the owner. However, the Mayor may, in cases where it is desirable and where any delay caused thereby will not be dangerous to the health, morals, safety or general welfare of the City residents, request the Director of Law to take legal action to force the owner to make all necessary repairs or to demolish the building.
(B) If the owner fails, neglects or refuses to comply with the notice to repair, rehabilitate or demolish any building or structure or portion thereof, the Commissioner shall proceed with the work specified in such notice. The owner shall be personally liable for the cost of such work. In the event that such cost is not paid, the amount thereof shall be transmitted to Council who shall cause the same to be paid and levied as a tax assessment against the property.
(C) Any cost incurred under subsection (B) hereof shall be paid out of the Treasury. Such cost shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is located and shall be collected in the manner provided for special assessments or by the taking of a judgment against the owner.
(D) The Commissioner shall report to the Director of Law the names of all persons failing to comply with the notice and order provided for in Section 1420.08(E) or the findings provided for in Section 1420.09(B). In abating such nuisance he may go to any extent necessary to complete the abatement thereof. Should it be practicable to sell or salvage any material derived in the abatement, he may sell such material at private or public sale at the best price obtainable and shall keep an account of the proceeds thereof. Such proceeds, if any, shall be deposited in the General Fund. Any difference between the amount so received and the cost of the abatement shall be levied as an assessment against the property by Council, certified to the County Auditor and collected as any other assessment by the City. Should the proceeds of such sale exceed the cost of abatement, the surplus shall be paid to the owner of the premises when his proper claim therefor is established. In abating such nuisance, the Mayor may, by private contract, obtain the abatement thereof, if such private contract may be let without any expense to the City.
(Ord. 33-61. Passed 3-27-61.)
(E) The equitable remedies provided for in this section shall be in addition to the penalty provided in Section 1404.99.