(A) Records. The Community Development Director shall provide a suitable record book entitled Liens for Lateral Service Connections. Such book shall have appropriate headings wherein may be entered the name of each street in which lateral connections shall be made pursuant to the provisions of this subchapter. Under such headings, columns shall be provided in which may be entered the name of the owner of the property with which connections are made, if known, a description of such property, the connections made, the date of completion of the connections, the expenses incurred by the city in making each such connection, the date of delinquency, the penalty for delinquency, the total amount chargeable against the property at the date of sale, the date of sale, the name of the purchaser, the date of redemption, by whom redeemed, the amount paid to redeem, and the date of the deed to the city. When lateral connections are made, the Community Development Director shall enter in such book under the name of the street where such work was done, the name of each owner of real property with which connections were made, if known, and, if not known, the words “unknown owner,” a brief description of the property connected, the connections made, the date of each such connection, and the expenses incurred by the city in making or causing to be made each such connection. No error in the name of the property owner, and no error in the description of the property, shall affect the validity of the lien provided for in this section provided the description is such that the property referred to may be identified therefrom. ('65 Code, § 6-8.212)
(B) Publication. When the entries in such book have been made by the Community Development Director, he shall cause to be published notice thereof for three successive issues in the newspaper published and circulated in the city in which the official advertising of the city is published. ('65 Code, § 6-8.213)
(C) Protests. Any property owner affected by proceedings taken pursuant to the provisions of this chapter and feeling aggrieved by any act or determination of the Community Development Director or the Council in relation thereto, or who may claim that the connections, or any thereof, have not been made in a safe and workmanlike manner, or having any objection to the correctness or legality of the entries in the record book of the Community Development Director may, within 30 days of the date of the first publication of the notice provided for in division (B) of this section, file with the City Clerk an objection in writing which shall briefly specify the ground of his objection or protest. All such objections and protests shall be heard at the regular meeting of the Council next succeeding the expiration of the time for filing the same, or the Council may at such meeting fix a time and place therefor. Upon such objection or protest, the Council may remedy or correct any error or informality in the proceedings, revise and correct any of the acts or determinations of the Community Development Director relative to such work, confirm, amend, set aside, alter, modify, or correct the charges entered in the book in such manner as to it shall seem just, require such work to be completed according to the directions of the Council, and may instruct and direct the Community Development Director to correct the entries in the book to conform to the decision of the Council in relation thereto. The decisions and determinations of the Council in such matters shall be final and conclusive upon all persons entitled to object or protest pursuant to the provisions of this chapter. ('65 Code, § 6-8.214)
(D) Foreclosure. Subject to the powers of the Council to correct and modify, as provided in division (C) of this section, the amount of the charges entered against each parcel of property shall become a lien against such property in such amount as of the date of entry in the book entitled Liens for Lateral Service Connections and shall thereupon become due and payable. No such lien shall be extinguished until the amount thereof is paid in full or until a valid deed of the property subject thereto is given by the Community Development Director. Commencing the first week of January and July of each year, the Community Development Director shall cause to be published for five successive issues in the newspaper published and circulated in the city in which the official advertising of the city is published a list of all liens remaining due and unpaid on the first day of the month in which such publication is commenced. The list shall contain the name of each owner of each parcel of property upon which there is due an assessment or, if the name of such owner does not appear in the book, the fact that the lien is entered against an unknown owner, a description of the property, the total amount necessary to satisfy the lien if paid in full before noon on the first Monday of the month next succeeding the month in which the list is published, that 10% of the amount of each such lien shall be added thereto for delinquency, and that upon the first Tuesday of the month next succeeding the month in which the lien is published, each parcel of property against which a lien remains unpaid will, at 10:00 a.m. at the office of the Community Development Director in the city hall, by operation of law and the declarations of the Community Development Director, be sold to the city for the amount of such lien and delinquency penalty. The Community Development Director shall enter in the record book the date of each of such sales, the amount for which sold, and that the same was sold to the city. ('65 Code, § 6-8.215)
(E) Redemption of property. A redemption of any parcel of property sold for delinquent assessment pursuant to the proceedings set forth in this chapter may be made at any time within one year from the date of sale by paying to the Community Development Director the amount for which the property is sold, and, in addition thereto, 10% thereof, if paid within three months from the date of sale; 20% percent if paid within six months; 30% if paid within nine months; and 40% if paid within 12 months. When redemption is made, the Community Development Director shall note that fact in the book entitled Liens for Lateral Service Connections in an appropriate column, entering thereon the date of redemption, the person by whom redeemed, and the amount paid. At the expiration of 12 months from the date of sale, the Community Development Director shall execute to the city a deed of the property sold, the name of the owner thereof as it appears on such book, a statement that such property was sold for a delinquent lien for making lateral connections, the amount for which the property was sold, and the date of the sale. The deed of the Community Development Director shall convey absolute title to the property therein described and be prima facie evidence of all matters therein recited and the regularity of all proceedings prior to the execution thereof. ('65 Code, § 6-8.216)
(Ord. 201, passed - - )