A. The city manager is authorized and empowered to notify the owner of any open or vacant private property within the city, or the agent of such owner, to properly dispose of Utter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to the owner at his last known address.
B. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within seven days after receipt of written notice provided for in subsection A, or within ten days after the date of such notice in the event the same is returned to the city because of its inability to make delivery thereof, the city manager is authorized and empowered to dispose of the litter and charge owners for city services, or pay for the disposing of such litter and seek reimbursement from owner.
C. When the city has affected the removal of such dangerous litter or has paid for its removal, the actual cost of the removal, plus accrued interest at the rate of twelve percent per year from the date of the completion of the work shall be charged to the owner by the city.
D. Where the full amount due the city is not paid by such owner within thirty days after the disposal of such litter, the city manager shall cause to be recorded in the records of Lea County, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law. Sworn statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (Ord. 342 (part), 1987: prior code § 4-5-23)