§ 93.09  REMEDY BY CITY; COSTS TO BECOME A LIEN AGAINST PROPERTY; LIENS; INTEREST.
   (A)   Upon failure of the owner, tenant, lessee or occupant of property to remedy the conditions existing in violation of the requirements of this section after such property has already been found to be in violation of this chapter by the Code Enforcement Board, the City Manager or the City Manager's designee shall proceed to have such conditions remedied by contract labor or direct labor or both.
   (B)   The owner of said property shall be notified by first class mail of the cost to remedy the violation, including any and all administrative costs and/or fees incurred. In addition, the owner(s) shall be informed of the city's intent to impose a lien on the property or other property of the owner to cover all costs and/or fees incurred by the city to remedy the violation. If payment is not received within thirty (30) days from the date of the notice to the owner, tenant, lessee or occupant indicating the total costs, the City Manager or the City Manager's designee shall impose a lien on the property or the owner's property in the amount of the cost for labor, administrative costs and fees incurred by the city. The lien may be recorded in the official records of Brevard County, Florida. Liens created under this subchapter shall remain liens co-equal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, title and claims, except homestead rights, until paid, and shall bear simple interest annually at a rate not to exceed the legal rate allowed for such liens and may be foreclosed pursuant to the procedure set forth in fla. stat. Ch. 173.
   (C)   The City may also pursue enforcement of the provisions of this chapter by issuing a notice to appear to the owner, tenant or occupant of the property, requiring such person to appear in the County Court of Brevard County, Florida, thereby subjecting said person to the sanctions and penalties set forth in Chapter 10, § 10.99, Palm Bay Code of Ordinances.
('74 Code, § 16-29)  (Ord. 76-27, passed 7-21-76; Am. Ord. 91-19, passed 9-5-91; Am. Ord. 96-64, passed 1-9-97; Ord. 98-49, passed 1-7-99; Am. Ord. 2007-13, passed 3-1-07; Am. Ord. 2008-23, passed 4-17-08; Am. Ord. 2020-06, passed 3-19-20)