(A) The Department of Property Maintenance Inspection is hereby created and the executive official in charge thereof shall be known as the Property Maintenance Inspector.
(1) Appointment. The Property Maintenance Inspector shall be appointed by the Mayor with the consent of the City Council. The Property Maintenance Inspector shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. The Property Maintenance Inspector shall be supervised by the Code Official.
(2) Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the Mayor and the City Council, the Property Maintenance Inspector shall have the authority to appoint a Deputy Property Maintenance Inspector, other related technical officers, inspectors and other employees.
(3) Liability.
(a) The Property Maintenance Inspector, and the employees of that office, while acting for the city, shall not thereby be rendered liable personally, and are hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
(b) Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the city until the final termination of the proceedings. The Property Maintenance Inspector or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and any officer of the Department of Property Maintenance Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(4) Property maintenance fee. There is hereby imposed a property maintenance fee for activities and services performed by the Department in carrying out the property owner’s responsibilities under this chapter; provided, that the Department shall give ten days’ notice in the manner prescribed in § 154.008(B) and (C) to the property owner in advance of performing the property owner’s responsibilities. The property maintenance fee shall be $250 per hour or part thereof plus the amount of any fine imposed under § 154.999 to perform or carry out a specific activity or service under the authority of this chapter; provided, that on and after September 16, 2013, the property maintenance fee shall be $100 per hour or part thereof for each employee of the city directed to perform or carry out a specific activity or service under the authority of this subchapter, $200 for each piece of equipment used to perform or carry out such activity or service, and, additionally, the amount of any fine imposed under § 154.999. The property maintenance fee hereby imposed shall be due and payable no later than seven days after the service or activity occurs.
(a) Failure to pay the fee creates a lien. If the property maintenance fee is not paid within seven days after it is due, the amount shall be in default and may be recovered by the city in any appropriate action. The property maintenance fee shall, if not paid when due, constitute a lien upon the premises served, which lien may be foreclosed against the lot or parcel of land on which the building is located in accordance with state law relating to the foreclosure of liens on real property. The city shall file semi-annually in the office of the County Clerk of the county wherein the property is located a statement of all unpaid property maintenance fees and liens, executed on its behalf and duly verified by the City Treasurer, showing the kind and nature of the service, the period covered, the amount of the charges due and unpaid for a period of more than 90 days, the description or designation of the premises to which services are chargeable and the name of the property owner, and further showing an additional fee of $10 to reimburse the city for its costs in preparing such statement and the additional item of $11 to reimburse the city for the fee paid by it to the County Clerk for the recordation of such lien statement, which statement when so filed of record shall be and constitute notice of a first and prior lien upon the property.
(b) Release of lien filed for failure to pay property maintenance fee.
1. Whenever the amount of any lien filed in accordance with this subchapter has been paid, together with costs, in full to the City Treasurer, the City Treasurer shall certify such payment to the Mayor, who shall execute and deliver to the party paying the lien a release of the lien, which may be recorded in the office of the County Clerk as other releases of liens.
2. The Mayor is authorized to issue a release of any such lien which may have been filed by mistake against the wrong property, upon evidence of such mistake being presented to the Mayor by the City Treasurer.
(c) Unpaid property maintenance fee collected when property transferred. If the property maintenance fee imposed under this subchapter is delinquent and the property is transferred from the record owner to another person, the amount of such property maintenance fee shall be collected from the transferor at the time of the transfer and the amount so collected shall be paid to the City Treasurer.
(B) Property Maintenance Advisory Board created. The Property Maintenance Advisory Board is hereby created.
(1) Membership. The membership of the Property Maintenance Advisory Board shall be comprised of the city officials, or their respective designee: Mayor; the City Recorder; the Code Official; the Property Maintenance Inspector; the Fire Chief; the Police Chief; the Director of the Public Works Department; and two members of the City Council appointed by the Mayor.
(2) Duties. The Property Maintenance Advisory Board shall meet at least once each month to review complaints submitted by residents of the city, and to provide general assistance and guidance to the Property Maintenance Inspector. The City Recorder shall take complete minutes of each meeting, such minutes to be distributed to each member of City Council.
(Ord. 09-05, passed 5-19-2009; Ord. passed 9-20-2011; Ord. 13-3, passed 9-3-2013)