(a) General. As used in this Code, "Total Cost" means any cost incurred by the City as a result of repairing, securing and/or removing a building or other structure that is insecure, unsafe, structurally defective, and/or unfit for human occupancy. The Total Cost shall be paid by the City. When the City incurs the Total Cost, the City shall send an invoice by United States regular mail to the property owner at his or her last known tax billing address according to the tax records of Mahoning County. If the property owner fails to pay the invoice within thirty (30) days of the date of the invoice, the City may collect the Total Cost by any of the following methods:
(1) The Clerk of Council may certify the Total Cost, together with the parcel number or another proper description of the land on which the building or other structure was located, the date the costs were incurred, and the name of the owner of record at the time the costs were incurred, to the Mahoning County Auditor, who shall then place the costs as a charge upon the tax and duplicate, at which time the Total Cost are a lien upon such lands from and after the date the costs were incurred. The Total Cost shall be collected as other taxes and returned to the City. The placement of the Total Cost on the tax list and duplicate shall relate back to, and is effective in priority, as of the date the costs were incurred, provided that the City certifies the Total Cost within one year from the date the costs were incurred.
(2) The City may commence a civil action to recover the Total Cost from the person who held title to the parcel at the time the costs were incurred.
(3) The City may file a lien on the parcel of land upon which the building or other structure was located for the Total Cost by filing a written affidavit with the Mahoning County Recorder that states the parcel number, the Total Cost, and the date on which the costs were incurred. The City may then pursue a foreclosure action to enforce the lien a court of competent jurisdiction or, pursuant to §§ 323.65 to 323.79 of the Ohio Revised Code, as hereinafter amended, with the board of revision. The City may elect to acquire the parcel by indicating such an election in the complaint for foreclosure or in an amended complaint. Upon the entry of a decree of foreclosure, the Mahoning County Sheriff shall advertise and offer the property for sale on at least one occasion. The minimum bid with regard to the sale of the foreclosed property shall equal the sum of the taxes,
penalties, interest, costs, and assessments due and payable on the property, the Total Cost, and any associated court costs and interest as authorized by law. An owner of the property may redeem the property by paying the minimum bid within ten (10) days after the entry of the decree of foreclosure. If an owner fails to so redeem the property, and if the parcel is not sold for want of a minimum bid, the property shall be disposed of as follows:
A. If the City elects to acquire the property, the parcel shall be transferred to the City as if the property were transferred by all owners in title to the City in lieu of foreclosure as provided in Section 5722.10 of the Ohio Revised Code, as hereinafter amended, in which case the property shall not be subject to foreclosure or forfeiture under Section 323.25 or Chapter 5721. or 5723. of the Ohio Revised Code and any lien on the property for costs incurred for any unpaid taxes, penalties, interest, charges, or assessments shall be extinguished; or
B. If the City does not elect to acquire the property, the parcel shall be forfeited to the state or to a political subdivision or school district as provided in Chapter 5723. of the Ohio Revised Code, as hereinafter amended.
(b) Priority of Lien for Removal or Repair. If the Demolition Notice is given by United States certified mail at least thirty (30) days prior to the removal of the building or other structure to the property owners and the holders of legal or equitable liens of record upon the real property on which the building or other structure is located, if any, the lien provided for in this section as a result of the removal or repair of the building or other structure is effective on the date the City incurred the expenses of such removal or repair. If for any reason the Demolition Notice is not given by United States certified mail at least thirty (30) days prior to the removal of the building or other structure to the property owners and the holders of legal or equitable liens of record upon the real property on which the building or other structure is located, if any, the lien provided for in this section as a result of the removal or repair of the building or other structure is valid but shall be subordinate to any liens of prior record. (Ord. 19-005. Passed 1-23-19.)