(A) If the town submits an invoice for the correction of a violation which has been determined to be an immediate threat to the health, safety and welfare of the citizens of the town to an owner and/or mortgagee of property, and the invoice remains unpaid for a period of 30 days after the date of the invoice, the Town Mayor shall cause to be recorded in the public records of Brevard County a sworn statement showing the cost and expenses for the work which was the subject of the invoice and showing the date, place and legal description of the property on which the work was done. The recording of the sworn statement shall constitute a lien on the property described therein, to the extent permitted by law, for the amount due as set forth in the invoice, plus interest at the legal rate from the date of the invoice. A copy of the recorded statement shall be furnished to the property owner and/or occupant to whom the original notice of noncompliance was addressed.
(B) If the amount set forth in the recorded statement is not paid within 30 days of the date of recording, the town shall have a right to bring legal action to foreclose the lien or may bring any other action to enforce the town’s right to reimbursement for the costs of correcting a violation herein. The legal proceedings shall be brought in the manner fixed by law for the foreclosure of mortgages or collection of monies owed and the town shall be entitled to an award of attorney’s fees and court costs in addition to all other sums recovered in the proceeding.
(Ord. 2009-04, passed 7-28-2009)