(A) The city shall possess a lien on property owned by the person found by a non-appealable final order of the Code Enforcement Board, or by a final judgment to the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings conducted pursuant to this chapter.
(B) The lien shall be recorded in the office of the Calloway County Clerk; shall be notice to all persons from the time of its recording and shall bear interest until paid; subject to § 40.50, shall take precedence over all other subsequent liens, except state, county, school board, and city taxes; shall continue for ten years following the date of the non-appealable final order, or final judgment of the court, and may be enforced by judicial proceedings, including an action to foreclose.
(C) In addition to the remedy prescribed in division (A), the offender found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(D) Nothing in this section shall otherwise affect the rights or obligations between the owner of the premises and those who claim a security interest in the premises.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2016-1715, passed 11-10-16)