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The letter from the Finance Department to the Municipal Court shall contain:
(A) Name and address of owner, occupant or agent of owner of property, if known, and, if unknown, recite the fact;
(B) Description of property sufficient to identify same, and where property has been subdivided, a description by lot and block number of any particular subdivision shall be sufficient;
(C) Statement of the particular violation of this subchapter;
(D) Statement including date that notice of violation was mailed or published to owner as to failure to comply therewith;
(E) Itemized statement of the work done and date such work was performed, together with costs thereof opposite each item;
(F) Statement of payment made by the city, the date of such payment and to whom made if the work was contracted out to private commercial enterprises; and
(G) Statement that such affidavit is made for the purpose of fixing a lien upon the property therein described.
(Ord. 2008-06, passed 7-22-2008)
(A) The City Secretary shall immediately prepare and file for record in the office of the County Clerk, a lien to be placed upon such property, lot or parcel of real estate, second only to tax liens and liens for street improvements, to secure the expenditure so made with 10% interest on the amount from the date of such payment, after the fixing of any such lien as aforesaid for those property owners not residing with the city limits.
(B) The City Manager or his or her designated authorized agent is hereby authorized to execute release liens on behalf of the city of all liens created under the provisions of this subchapter. Said City Manager or his or her designated authorized agent shall have no right to execute such releases until he or she has satisfied himself or herself that the debt or portion thereof secured by the lien and for which a release is requested has been paid in full to the city and such lien shall be released only insofar as it affects the property for which the debt secured thereby has been paid in full.
(Ord. 2008-06, passed 7-22-2008)
The city shall be held harmless from any and all liabilities from any claim(s) resulting from the abatement or the failure to abate a nuisance on any property, including, but not limited to, acts and destruction of shrubs, flowers, brush and small trees of any type. The city has no duty, nor does this subchapter impose any duty, on the Code Enforcement Officer or any other employee to abate any nuisance existing on any private property. The provisions of this subchapter neither change, nor modify, the responsibility of the owner or occupant of any premises in the city to keep the premises in a reasonably safe condition so as not to cause injury to third party either on the property or adjacent to the property as provided for in the tort laws of the state. The adoption of this subchapter does not, in any manner, change the responsibility under the tort law, nor does it create a cause of action for liability not heretofore existing under the ton or statutory laws of the state. A decision of the city to abate a nuisance or not to abate a nuisance is solely discretionary and any decision to abate a nuisance or not abate a nuisance shall not create any liability on the city in any manner to any party.
(Ord. 2008-06, passed 7-22-2008)
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