(A) (1) All costs and expenses actually incurred by the County Authority to remove any accumulation of garbage and/or debris under this subchapter shall be documented by the County
(2) Authority and shall be recoverable from any owner of the real property where the accumulation existed. Costs and expenses under this provision shall include the reasonable value of the time any county employees spend in conducting the cleanup of the property, calculated as either:
(a) The number of total employee hours spent on the project multiplied by those employees’ ordinary hourly salary; or
(b) The amount which the county department employees work in would charge a private entity to perform such work, if such a service is offered to the public by that department.
(3) Any claim of the county under this provision shall be enforceable as a general unsecured debt of the owner or owners of that property.
(B) (1) Additionally, all costs and expenses actually incurred by the County Authority shall be a lien on the real property where the accumulation existed if, within 60 days after the costs are incurred, the County Authority files a notice of lien in the office of the County Recorder. This notice of lien shall be a sworn statement setting out:
(a) A description of the real estate sufficient for identification;
(b) The amount of money representing the cost and expense incurred or payable for the service; and
(c) The date or dates when the costs were incurred by the county.
(2) This lien shall be superior to all other liens except tax liens, but shall not be valid or enforceable against:
(a) Any purchaser whose rights in and to the real estate have arisen after the removal of the garbage and/or debris and before the filing of the notice of lien; or
(b) Any mortgagee, judgment creditor, or other lien holder whose rights in and to the real estate arose before the filing of the notice of lien. The County Authority shall file a release of this lien in the office of the County Recorder if and when the debt the lien secures is paid in full.
(C) Any lien obtained under this subchapter may be enforced by proceedings to foreclose as in the case of mortgages or mechanics’ liens. An action to foreclose this lien shall be commenced within two years after the date of filing notice of the lien.
(Ord. passed - -2023)