In the event of the failure, refusal or neglect of the owner or occupant of any premises or property to cause the nuisance to be removed or abated in the manner and within the time provided in § 92.03, it shall be the duty of the City Administrator to cause the weeds, brush, rubbish or other unsanitary matter or condition constituting a nuisance, to be promptly and similarly abated, in a reasonable and prudent manner, at the expense of the city. The City Administrator or his or her duly authorized representative shall carefully compile the cost of the work done and improvements made in abating the nuisance and charge the same against the owner of the premises. The City Council hereby finds and declares that general overhead of administrative expense of inspection, locating the owner, issuing notice, re-inspection and ordering work done, together with all necessary incidents of same require the reasonable charge of $20 for each lot, series of two or more adjacent and contiguous lots, or tract or parcel or acreage, and the minimum charge is hereby established and declared to be an expense of the work and improvement. Notwithstanding, therefore, any tabulation of recorded cost, a minimum charge of $20 is hereby expressly stated to be a minimum charge only and shall have no application when tabulated cost of the work is done shall exceed the minimum charge. After receiving from the City Administrator a compilation of the cost of work and after charging the same against the owner of the premises, the Mayor shall certify a statement of the expense and shall file the same with the County Clerk. Upon filing the statement with the County Clerk, the city shall have a privileged lien upon the land described therein and upon which the improvements have been made, second only to tax liens and liens for street improvements, to secure the expenditure so made, and 10% interest on the amount from the date of the payment. For any such expenditures and interest, as aforesaid, suit may be instituted by the City Attorney and recovery and foreclosure had in the name of the municipal corporation of the city; and the statement so made, as aforesaid or certified copy thereof, shall be prima facie proof of the amount expended in any work or improvement. Upon payment of the full charges assessed against any property, pursuant to the herein above expenditures set forth, the Mayor shall be authorized to execute for and in behalf of the city, a written release of the lien heretofore mentioned, the written release to be on a form prepared and approved in each case by the City Attorney.
(Ord. passed 7-17-2001)