(A) Any property condition which the city reasonably determines to be imminently dangerous to the health and safety of city residents may be summarily abated in accordance with the procedures set forth in this section.
(B) Actions taken to abate imminently dangerous property conditions may include, but are not limited to, repair, removal, or demolition of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement actions determined by the city to be necessary.
(C) (1) Whenever the city determines that summary abatement is justified by an imminently dangerous condition, circumstance, or occurrence, the city shall give reasonable notice, not to exceed five business days, to the property owner as to the nuisance and prior to the demolition of any unfit or unsafe structure, the property owner shall be afforded the right to a hearing before the Mayor or his or her designee.
(2) If the property owner cannot be located or the owner fails to take prompt appropriate action to abate the condition, the city may proceed to take abatement action authorized in this section to the extent necessary to remedy the immediate danger without further notice or right to a prior hearing.
(D) (1) Whenever the city takes action to abate imminently dangerous property conditions, the property owner shall be liable for all costs of such abatement. Charges for nuisance abatement shall be a lien upon the premises. Whenever a bill for charges remains unpaid for 14 days after it has been rendered, the City Clerk/Treasurer may file with the County Clerk a statement of lien claims. This statement/affidavit shall contain a legal description of the premises, the expenses and costs incurred, the date the nuisance was abated, and a notice that the city claims a lien for this amount. The affidavit of the authorized city officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings. The lien shall be notice to all persons from the time of the recording and shall bear interest at 6% per annum thereafter until paid. Notice of the lien shall be mailed to the owner of the premises if his or her address is known. However, failure to record the claim or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges.
(2) The lien shall take precedence over all other liens, except state, county, school board, and city taxes, and the city may bring a civil action against the owner and have the same remedies as provided for the recovery of a debt owed. The city’s lien shall include the costs incurred in all legal actions necessary to forclose the lien, which costs shall include reasonable attorneys’ fees.
(E) Property subject to a lien for unpaid imminent danger abatement charges shall be sold for nonpayment, and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. This foreclosure shall be in equity in the name of the city.
(F) The City Attorney is authorized to institute such proceedings in the name of the city in any court having jurisdiction over the matter against any property for which the bill has remained unpaid for 14 days after it has been rendered, upon direction by the Mayor.
(Ord. 17, 2013, passed 12-9-2013; Ord. 2-2016, passed 1-11-2016; Ord. 23, 2016, passed 12-12-2016)