(a) Council may demolish, repair or enclose, or cause the foregoing to be done to, dangerous, dilapidated, unsafe, incomplete or abandoned buildings, structures or residences within the City, and may remove or cause the removal of garbage, debris and other hazardous, noxious, unsafe, unhealthy or unsightly substances or materials from those structures or the land after demolition.
(b) In order to obtain the proper authority to do the foregoing actions, Council, through the City Attorney, shall petition the Circuit Court of the County for an order authorizing action to be taken with respect to the subject building, structure or residence if the owner, including any lien holder of record, has failed to put the building, structure or residence in a safe condition or to demolish it after at least thirty days written notice by mail to do so. It is not a defense that the building, structure or residence is boarded up or otherwise enclosed.
Where, upon a diligent search, the identity or whereabouts of the owner, including any lien holder, cannot be determined, the notice may be mailed to the person in whose name the real estate was last assessed.
(c) In addition to the penalty provided in Section 1442.99, the costs of demolition, repair, enclosure or removal incurred by the City, including Court costs, attorneys' fees and other costs relating to the enforcement of this section, are recoverable from the owner of the real estate and are a lien on the real estate. The lien is superior to all prior existing liens, except taxes, if, within 180 days after the repair, demolition, enclosure or removal, the City shall record in the office of the County Clerk a notice of lien for the costs and expenses incurred.
(d) The notice of lien shall consist of a sworn statement setting forth the following:
(1) A description of the real estate;
(2) The amount of costs and expenses incurred; and
(3) The date or dates when the costs and expenses were incurred.
(e) Upon payment of the costs and expenses by the owner of the real estate or any lien holder, the City shall provide a release of its lien which may be recorded.
(Ord. 94-4-3. Passed 4-13-94.)