(A) When the Treasurer, acting on behalf of the city and as provided in § 39.050, has determined that a property owner is in default in the payment of the emergency services user fee charged for the provision of emergency services, the Treasurer shall send to the recipient of those emergency services by certified mail, return receipt requested, a letter stating:
(1) The emergency services user fee is in default;
(2) The emergency services user fee is required to be paid by a date specified in the letter; and
(3) If the required payment is not made by that specified date, and if the city deems it to be the best course of action, a lien will be filed against the real property that is the recipient of the emergency services for the amount of the delinquent emergency services user fee plus any legally authorized and applicable charges; provided, that if the fee is charged for the delivery of personal emergency services, the lien plus appropriate charges shall be filed against property owned by the delinquent or defaulting fee payer wherever located; provided however, that the date specified for payment shall be no less than 90 days from the date the notice is mailed.
(B) If the user of emergency response services disagrees with the Treasurer’s determination, that user may appeal that determination 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)