(A) Declaration of purpose.
(1) The City Council finds that recordation of code enforcement tax liens will assist in the collection of civil penalties, administrative costs and administrative fees assessed by the alternative hearing and enforcement program or judicial orders.
(2) The City Council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city’s code enforcement system. The procedures established in this section shall be used to complement existing administrative or judicial remedies that may be pursued to address violations of this code or applicable state codes.
(B) Procedures for tax liens without judgment.
(1) Once the city has abated a property for weeds, garbage, refuse, or unsightly or deleterious objects or structures, the ordinance enforcement administrator shall prepare three copies of the itemized statement of costs incurred in the removal and destruction of the violations and deliver them to the City Treasurer within ten days after completion of the work of removing the violations.
(2) The ordinance enforcement administrator shall send, by registered mail to the property owner’s last known address, a copy of the itemized statement of costs informing him or her that a code enforcement tax lien is being recorded for the amount of actual costs of abatement. Payment shall be due within 20 calendar days from the date of mailing.
(3) Upon receipt of the itemized statement of costs, the City Treasurer shall record a code enforcement tax lien against the property with the County Treasurer’s office.
(4) The failure of any person with a financial interest in the property to actually receive the notice of the lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding costs of abatement.
(C) Procedures for tax liens with judgment. Once a judgment has been obtained from the appropriate court assessing costs against the responsible person, the enforcement official may record a code enforcement tax lien against any real property owned by the responsible person.
(D) Cancellation of code enforcement tax lien.
(1) Once payment in full is received for the outstanding civil penalties and costs, or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order, the enforcement official shall either record a notice of satisfaction of judgment, or provide the property owner or financial institution with the notice of satisfaction of judgment so that it can record this notice with the County Recorder’s office.
(2) The notice of satisfaction of judgment shall include the same information as provided in the original code enforcement tax lien. Such notice of satisfaction of judgment shall cancel the code enforcement tax lien.
(Prior Code, § 1-4A-4-1)