(a) After the completion of the work, the Enforcement Committee shall fix a date when the costs of such repairs, alterations, improvements or vacating and closing or removal or demolition shall be assessed and shall give the owner or his agent or counsel at least ten (10) days' notice thereof, who may appear at such time and examine the account and question the whole or any items thereof.
(b) The owner(s) of any building(s) under determination of the State Fire Marshal, as provided in W.Va. code, 29-3-12, or under the Enforcement Committee shall pay for the costs of repairing, altering, or improving, or vacating and closing, or removing or demolishing said building(s).
(c) The City shall have the right to file a lien against the real property in question for an amount not to exceed the assessed value of the property as recorded in the office of the county assessor or to institute a civil action in a court of competent jurisdiction against the landowner or other responsible party for all costs incurred by the municipality with respect to the property and for reasonable attorney fees and court costs incurred by the prosecution of this action. This does not limit the relief that the City may seek, including, but not limited to, seeking ownership of said property.
(d) A copy of the order making such assessment shall be certified by the city clerk and recorded in the office of the clerk of the county commission. Further said lien, unless otherwise stated, shall accrue interest at the rate of ten percent (10%) per annum.
(e) Not less than ten (10) days prior to instituting a civil action as provided for in this section, the governing body of the municipality shall send notice to the landowner(s) by certified mail, return receipt requested, advising the landowner of the governing body's intention to institute such action. The notice shall be sent to the most recent address of the landowner of record in the office of the assessor of the county where the subject property is located. If, for any reason, such certified mail is returned without evidence of proper receipt thereof, then the governing body shall cause a Class III-0 legal advertisement to be published in a newspaper of general circulation in the county wherein the subject property is located and post notice on the front door or other conspicuous location on the subject property.
(f) In the event any landowner desires to contest any demand brought forth pursuant to this section, the landowner may seek relief in a court of competent jurisdiction.
(g) All orders issued by the Enforcement Agency shall be served in accordance with the law of this state concerning the service of process in civil actions and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the complaint or order, provided that no ordinance shall be adopted without providing therein for the right to apply to the circuit court for a temporary injunction restraining the enforcement agency, pending final disposition of the cause. (Ord. 3-12-18)
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