(A) Whenever in the judgement of the Code Enforcement Officer an emergency exists which required immediate action to protect the public health, safety, or welfare, an order may be issued, without a hearing or appeal, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant the Code Enforcement Officer may act to correct or abate the emergency.
(B) Notice served. Immediately after the violation is corrected by the Code Enforcement Officer under the procedure described in the above paragraph, the Police and Public Safety/Health and Property Chairperson shall serve or cause to be served a copy of the order on the owner or manager pursuant to the procedures outlined § 151.42.
(C) Order. The order issued under this section shall:
(1) Contain a description of the dwelling sufficient to identify and locate it;
(2) Set out the particulars of the violation and the reasons why such violation constituted an urgent hazard to health and safety of any person;
(3) Have appended thereto a statement setting out the measures taken by the village and the amount expended by the village in so doing; and
(4) Contain notice of the appellate procedures contained in § 151.44.
(D) Appeal. The owner, occupant, operator, or agent, at his or her request, shall be granted a hearing before the Police and Public Safety/Health and Property Chairperson concerning the emergency order served upon him or her, as soon as practicable, but such appeal shall in no case stay the abatement or correction of such emergency.
(E) Recovery of costs. When repairs are made or other corrective action is taken at the direction of the Code Enforcement Officer, the cost of such repairs and corrective action shall constitute a debt in favor of the village against the owner of the repaired structure. In the event such owner fails, neglects or refuses to pay the village the amount of this debt, it shall be recoverable in a civil action against the owner or his or her successor, brought in a court of competent jurisdiction by the village, which shall possess all rights of a private creditor.
(F) Liens. In addition to other method of recovery, the cost of repair or other corrective action incurred by the village is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes; provided, that within 60 days after such repair or corrective action, the village shall file notice of lien of such costs and expenses incurred in the office of the recorder of deeds. The notice of lien must consist of a supporting statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred; and
(3) The date or dates when the cost and expense was incurred by the village. Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released by the village and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclosure as in the case of mortgages or mechanic's liens. Suit to foreclosure such lien must be commenced within three years after the date of filing notice of lien.
(Ord. 20-564, passed 5-4-2020) Penalty, see § 151.99