(A) When one of the conditions specified in § 92.03 is discovered, the Code Enforcement Officer discovering such conditions shall give five days written notice to the owner of the property to remedy the situation. This notice shall be mailed to the last known address of the owner of the property as it appears on the current tax assessment roll.
(B) Upon failure of the owner of the property to comply, the Chairman of the Board or designee may authorize city employees to go upon the property to remove the rubbish, excessive growth of weeds or grass; or other condition constituting a nuisance.
(C) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The Chairman of the Board or designee shall submit an affidavit to the County Clerk evidencing the amount of the lien and the regularity of the proceedings to clear the property. The affidavit shall be filed in the County Clerk’s office where it shall constitute notice to all persons of the lien of the city.
(D) The lien shall bear interest at 6% per annum.
(E) Property subject to a lien for unpaid charges for the removal of rubbish, excessive weeds and grass, or the correction of any condition constituting a nuisance shall be sold for nonpayment for the same and the proceeds of such sale shall be applied to pay the charges after deducting the costs, as is the case in the foreclosure of statutory liens. The foreclosure shall be in equity in the name of the city and shall join all persons having an interest in the property as shown in the record of the County Court Clerk’s office. The foreclosure action may be maintained against any property for which such a bill or lien has remained unpaid for 60 days after it has been rendered.
(F) In the alternative to the above procedure, the city, at its discretion, may issue a citation to the offending property owner to appear in the County District Court to answer to a misdemeanor offense.
(Ord. 809-16, passed 4-11-2016)