In the event any expense or costs are incurred pursuant to Section 1722.09, then any such expense or costs over and above the proceeds of sale and salvage of all or any part of the building shall be assessed against the real estate. Such assessment shall bear interest at ten percent (10%) per annum and shall be immediately due and payable. If such assessment is not paid within thirty days after the same is made, the City Clerk may certify the amount of any such assessment with a description of the property chargeable therewith, and the name of the owner thereof, to the Clerk of the County Commission of the County to be recorded in the trust deed books of such Clerk’s office; also such assessment shall be and constitute a lien against such property. In lieu of assessing a lien, the City reserves the right, pursuant to West Virginia Code 8-12-16, to institute a civil action in a court of competent jurisdiction against the landowner or other responsible party for all costs incurred by the City with respect to the property and for reasonable attorney fees and court costs incurred in the prosecution of the action. Not less than ten days prior to instituting a civil action as provided for in this section, the City at the direction of Council, shall send notice to the landowner by certified mail, return receipt requested, advising the landowner of the City’s intention to institute such action. The notice shall be sent to the most recent address of the landowner of record in the Ohio County Assessor’s office. If, for any reason, such certified mail is returned without evidence of proper receipt thereof, then in such event, the City shall cause a Class III-0 legal advertisement to be published in a newspaper of general circulation within the City and post a notice on the front door or other conspicuous location on the subject property. In the event any landowner desires to contest any demand brought forth pursuant to this section, the landowner may seek relief in a court of competent jurisdiction.
(Ord. 11711. Passed 1-5-99.)