(A) Whenever a bill for the reasonable costs of abatement or removal of a nuisance pursuant to this chapter remains unpaid for 30 days after it has been sent, the City Attorney and Treasurer or designee shall file a notice of lien with the County Recorder. Any notice of lien pursuant to this chapter shall be filed within 90 days after the cost and expense of abatement or removal of nuisance has been incurred by the city. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable by the city and the date or dates when such cost and expense was incurred by the city. However, any purchaser whose rights in such real estate have arisen subsequent to removal of the public nuisance and prior to the filing of such notice shall not be held liable for the costs of abatement or removal and the lien of the city shall not have priority as to any mortgage, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice.
(B) Costs and expenses under this chapter include but are not limited to the actual costs and expenses in time of city employees or city-authorized contractors and in materials concerning the actual actions of abatement of the nuisance pursuant to this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosures and other related expenses, including but not limited to reasonable attorney's expenses.
(C) A copy of the notice of lien shall be mailed by the City Attorney and Treasurer or designee to the owner of the property or to the occupant or to the person or persons in whose name such real estate was last billed for property tax purposes.
(D) The real estate subject to a lien for such an unpaid assessment of such costs and expenses may be sold for nonpayment thereof and the proceeds of the sale applied to pay the charges, after deducting costs.
(E) The City Attorney and Treasurer may institute proceedings in the name of the city in any court having jurisdiction over such matters against any property for which such costs and expenses have remained unpaid 30 days after a statement of such costs and expenses have been mailed to the property owner, to the occupant or to the person or persons in whose name the property was last billed for property tax purposes.
(F) Upon payment of the costs and expenses plus interest from the date 30 days after the bill was sent after notice of lien has been filed, the City Attorney and Treasurer or designee shall file with the County Recorder a release of the lien.
(G) If the payment of the city's costs of removal or abatement of the nuisance is not paid to the city within 30 days of filing of the notice of lien, the City Attorney and Treasurer is empowered to commence proceedings in the Circuit Court seeking a personal judgment from the owner of or persons interested in such property as noticed pursuant to § 95.03 at the time the complaint for removal or abatement was filed with the Circuit Clerk in the amount of such costs. Such action shall be based upon the implied consent for persons to form a contract for the removal or abatement of the nuisances. The action authorized by this section shall be in addition to and without waiver of any other remedy.
(Ord. 2004-5182, passed 6-1-2004)