(1) If the whereabouts of a person or persons having a full or partial ownership of the property is unknown or may not be ascertained, or if the identity of those persons or person is unknown or may not be ascertained, the Building Inspector shall:
(a) Instruct the Treasurer file a Class II legal notice stating:
1. The property, as identified in the legal notice, has been determined to be contaminated;
2. If the property owner’s whereabouts or identity remains unknown, the city will demolish the property on the date specified in the legal notice; and
3. A lien for all expenses and charges incurred by the city in the demolition activity will be filed 90 days after the completion of the demolition activity.
(b) If the property owner or owners do not respond to the legal notice, demolish the property on the date stated;
(c) Prepare a complete itemized statement that clearly demonstrates the costs and charges incurred to accomplish the demolition activity; and
(d) Provide the complete itemized statement, including a statement stating when the demolition activity was completed, to the Treasurer who will file a lien on the remaining real property for the total amount indicated in the complete itemized statement plus any other applicable charges; provided, that prior to filing the lien, the Treasurer shall file a Class II legal notice stating:
1. The property, as identified in the legal notice, was determined to be contaminated;
2. The property was demolished on the date specified;
3. A lien for all expenses incurred and charges paid by the city in the demolition activity will be filed on the specified date;
4. Payment of the expenses incurred and charges paid by the city in the demolition activity will prevent the lien from being filed; and
5. If the required payment is not made on or before that specified date, a lien in the amount indicated in (A)(1)(d)3. above plus any other applicable charges will be filed; provided, that the date specified for payment shall be no less than 90 days from the date the demolition activity is completed.
(2) If the property owner refuses to employ a decontamination contractor to start decontaminating the structure or structures within 30 days from the date that the property is designated as contaminated, the Building Inspector shall:
(a) Instruct the Treasurer to send to the property owner by certified mail, return receipt requested, a letter stating:
1. The property identified in the letter has been determined to be contaminated;
2. Unless the property owner employs a decontamination contractor who starts decontaminating the property by the date specified within the letter, such date to be 14 days subsequent to the date the letter is mailed, the property will be demolished;
3. The property owner will be responsible for the costs and charges incurred to demolish the structure or structures on the property; and
4. If the property owner does not pay the demolition costs and applicable charges within 90 days after completion of the demolition activity, a lien for all expenses and charges will be filed 90 days after the completion of the demolition activity; provided, that the date specified for payment shall be no less than 90 days from the date the letter is mailed.
(b) Proceed with the demolition or the structure on the date stated.
(3) If the property owner refuses to employ a demolition contractor for demolition of the contaminated structure or structures within 30 days from the date that the property is designated as contaminated, the Building Inspector shall:
(a) Instruct the Treasurer to send to the property owner by certified mail, return receipt requested, a letter stating:
1. The property identified in the letter has been determined to be contaminated;
2. Unless the property owner employs a demolition contractor who starts demolishing the structure or structures by a date specified within the letter, such date to be 14 days subsequent to the date the notice is mailed, the property will be demolished;
3. The property owner will be responsible for the costs and charges incurred to demolish the structure or structures on the property;
4. If the property owner does not pay the demolition costs and charges within 90 days after completion of the demolition activity, a lien for all expenses and charges incurred in the demolition activity will be filed 90 days after the completion of the demolition activity; provided, that the date specified for payment shall be no less than 90 days from the date the notice is mailed.
(b) Proceed with the demolition of the structure on the date stated.
(B) If the property owner disagrees with the proposed action proposed by the city, the property owner may appeal the Treasurer’s decision to the Circuit Court of the county in which the property is located; provided, that the appeal shall be filed no later than 30 days after the date the Treasurer’s decision is rendered.
(C) Unless specifically stayed by the court, the lien herein authorized shall be filed on the date specified in the notice mailed to the property owner.
(D) All liens filed under the authority of this section shall run with the land, and if the property is transferred to another, the lien shall continue until the lien and all charges are paid in full.
(Ord. 09-13, passed 11-17-2009)