(a) Unless within ten days from the date of the posting, serving, mailing or publication of the notice provided for in subsection (b) below, the deleterious material is removed from the lot, land or property, the Mayor shall, thereupon, cause the same to be cut, or razed, and removed, either by the agents or employees of the town, or otherwise as he may decide or direct, and the Mayor shall report the cost thereof to the Recorder and the Recorder shall forthwith mail a bill, voucher or statement of such cost in the United States mail to such person owning such lot, land or property, the same to be dated with the date of its preparation and addressed to the last known post office address of such person. If such bill, voucher, statement or account be not paid within ten days from its date, then the Recorder, or his or her duly authorized representative, shall prepare a notice of lien against such lot, land or property for the total amount of the actual cost of the cutting, or razing and removing, which lien shall be duly verified by the Recorder, Mayor or other authorized representative of the town, and which notice of lien shall be addressed to the person owning the lot, land or property within the town. Such notice of lien shall briefly describe the property upon which such lien is to be taken, shall briefly describe the work done thereon and shall show the cost of such work. The lien shall also include the clerical cost of the Recorder not to exceed the sum of $5 and a fee for the search of the records to ascertain the owners of the property not to exceed the sum of $10, and shall include a statement of the cost of the recordation of the lien. The notice of lien when so prepared, as aforesaid, shall, thereupon, be recorded in the trust lien book in the office of the Clerk of the County Court and from the date of its recordation therein shall be a first lien after state, county and municipal taxes, and municipal paving assessment, if any, upon the lot, land or property described in the lien. Such lien may be collected in the same manner as are liens for taxes, or paving assessments under the statutes of the state or by an action at law; or the lien or the debt represented by it may be collected in any other manner or method which is now or may hereafter be provide for the collection of debts or accounts due to a municipality under the statutes of the state. Interest shall accrue upon such debt or lien at the rate of 6% per year from the date of the notice of lien until paid.
(b) The notice of lien provided for in this section shall be sufficient if it be in substantially the following form:
NOTICE OF LIEN TO:
Notice is hereby given, that in accordance with the provisions of § 1131.03 of the codified ordinances, the City of Nutter Fort, West Virginia, claims a lien to secure the payment of the total sum of $ . Upon your interest in the following described property, situated in the Ward of the Town of Nutter Fort, Harrison County, West Virginia, and being described as follows: (Description of Lot and Block Number or otherwise) You are further notified that the items of said lien are as follows: Cost of cutting/razing and removal of (describe) $ Cost of Recorder in preparation of lien and notices $ Title report $ Service of notice $ Recordation of lien $ total amount of lien $ This is a first lien after state, county and municipal taxes, and paving assessments on said lot, tract or parcel of land, and shall bear interest at the rate of 6% from the date hereof until paid. You are further notified that said lien may be paid, and release thereof had, at the office of the Mayor, City of Nutter Fort, City Hall, Nutter Fort, West Virginia. IN WITNESS WHEREOF, the City of Nutter Fort, West Virginia, has caused its name to be signed hereto by , and its corporate seal hereto affixed, this day of , 20 . ATTEST THE CITY OF NUTTER FORT, WEST VIRGINIA BY Its Recorder (Acknowledgment) Note: This lien to be recorded and indexed in trust lien book. |
(c) Such lien and assessment shall bear interest at the rate of 6% from the date thereof and such lien shall be indexed and recorded by the Clerk of the County Court in the same manner as are liens for paving assessments as provided by the statutes of the state.
(Ord. passed 6-10-2003)