(a) If within 20 days after mailing of the notice, no hearing has been requested, or if the property owner or mortgagee, as applicable, has been found in violation at the hearing specified in § 49-62 before the Town Manager or the Manager’s designee, and the condition described in the notice has not been remedied, the attractive nuisance condition may be remedied by the town at the expense of the property owner or mortgagee, as applicable.
(b) After causing the attractive nuisance condition to be remedied, the Town Manager, or the Manager’s designee, shall certify to the Town Clerk the expense incurred in remedying the condition and shall include a copy of the notice above-described and a copy of the decision, if any, by the Town Manager, or the Manager’s designee. If the expense is not paid within 30 days, a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate of 8% per annum from the date of such certification until paid. Such lien may be satisfied at any time by payment thereof including accrued interest. Such lien shall be recorded in the public records of the county. Upon payment of a lien, the satisfaction and cancellation of such lien shall be recorded in the public records of the county. If the charge and special assessment lien shall not be paid within two years from the date of recording of the lien, the town may at anytime thereafter institute foreclosure and other proceedings as provided in section 170.10, Florida Statutes, or Chapter 173, Florida Statutes, to recover the amount of the charge plus interest, court costs, and attorneys’ and paralegals’ fees.
(Ord. 2009-02, adopted 2-18-09)