(A) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter.
(B) Notice of violation. The Property Maintenance Inspector shall serve a notice of violation or order in accordance with § 154.008.
(C) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 154.008 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with:
(2) If the notice is for violation of any other section of this subchapter, the Property Maintenance Inspector shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the city shall be charged against the real property upon which the structure is located and shall be a lien upon such real property.
(a) Failure to pay the charge against the real property creates a lien. If the charge against the real property is not paid within 14 days after it is due, the amount shall be in default and may be recovered by the city in any appropriate action. The city may 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 the charge against the real property.
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 charge against the real property collected when property transferred. If the charge or charges against the real property imposed under this subchapter is delinquent and the property is transferred from the record owner at the time the charge or charges were incurred to another person, the amount of such charge shall be collected from the transferor at the time of the transfer and the amount so collected shall be paid to the City Treasurer.
(Ord. 11, passed 9-20-2011; Ord. passed 9-20-2011) Penalty, see § 154.999