§ 151.136  HOUSING BOARD OF APPEALS; DEMOLITION/REPAIR; COSTS/LIEN ON PROPERTY.
   (A)   If the owner or agent fails to appear or neglects to comply with the Hearing Officer’s decision and order, the Hearing Officer shall file a report of the findings and a copy of the order with the City Inspector not more than five days after the date for compliance set in the order and request that the necessary action be taken to enforce the order. A copy of the Hearing Officer’s notice of findings and order and request that necessary action be taken to enforce the order shall also be filed with the Housing Board of Appeals.
   (B)   The Housing Board of Appeals shall set a date not less than 30 days after the initial hearing for a hearing on the findings and order of the Hearing Officer. The Housing Board of Appeals shall give notice to the owner or agent of the time and place for the hearing as set forth herein. At the hearing, the owner or agent shall be given the opportunity to show cause why the order should not be enforced. The Housing Board of Appeals shall approve, disapprove, or modify the order.
   (C)   If the Housing Board of Appeals approves or modifies the order, the City Inspector, or his or her designee, shall take all necessary action to enforce the order. If the order is approved or modified, the owner or agent shall comply with the order within 60 days after the date of the Housing Board of Appeals’ hearing.
   (D)   If the building or structure has been substantially destroyed by fire, wind, flood, deterioration, neglect, abandonment, vandalism, or other cause, and the cost of repair of the building or structure will be greater than the state equalized value of the building or structure, the Housing Board of Appeals shall issue an order of demolition. The owner or agent shall comply with the order of demolition within 21 days after the date of the Housing Board of Appeals’ hearing.
   (E)   The cost of demolition, making the building safe, or maintaining the property includes, but is not limited to, the costs of serving notices, fees paid to Hearing Officers, costs of title searches or commitments used to determine the parties in interest, recording fees for notices and liens filed with the County Register of Deeds, demolition and dumping charges, court reporter fees, and costs of the collection of the charges authorized herein. The cost of the demolition, making the building safe, or of maintaining the exterior of the building or structure, or grounds adjoining the building or structure incurred by the city to bring the property into conformance with this subchapter shall be reimbursed to the city by the owner or party in interest in whose name the property appears. This includes owners who have an interest when these proceedings commence or who acquire their interest during the pendency of the proceedings.
   (F)   The owner in whose name the property appears upon the last local tax assessment records and within the records of the Register of Deeds shall be notified of the amount of such cost by first- class mail at the address shown on the records. If the owner fails to pay the same within 30 days after mailing by the assessor of the notice of the amount thereof, the city shall have a lien for the cost incurred by the city to bring the property into conformance with this subchapter. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. A lien provided for in this division (F) does not have priority over previously filed or recorded liens and encumbrances. The lien for the cost shall be collected and treated in the same manner as provided for property tax liens under state law.
   (G)   In addition to other remedies under this subchapter, the city may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure incurred by the city to bring the property into conformance with this subchapter. The city shall have a lien for the amount of the judgment against the owner’s interest in all real property located in this state that is owned in whole or in part by the owner of the building or structure against whom the judgment is obtained. The lien provided for in this section shall not take effect until notice of the lien is filed or recorded as provided by law. The lien does not have priority over prior filed or recorded liens and encumbrances. The judgment may be enforced against assets of the owner other than the building or structure.
(Prior Code, § 151.117)  (Ord. D-1668, passed 11-9-1992, effective 11-19-1992; Ord. D-1711, passed 3-7-1994, effective 3-17-1994; Ord. D-1886, passed 2-19-2001, effective 3-1-2001; Ord. O-182, passed 6-6-2016, effective 6-16-2016)