(A) Unless imminent danger exists on the subject premises that necessitates immediate action, the City Council shall send, within 14 days of a final determination after a hearing, or waiver of a hearing, a copy of the determination to any lien holder of record of the subject premises bv first-class mail with proof of mailing. The lien holder of record may, within 45 days from receipt of that notice correct the violation cited and/or elect to pay all civil fines assessed for the violation and for all charges and fees incurred bv the City Council in connection with the enforcement of this chapter, including abatement costs as permitted by division (B) below.
(B) The City Council shall have a lien against the property for all civil fines assessed for the violation and for any charges and fees incurred bv the City in connection with the enforcement of this chapter, including abatement costs. The affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this chapter, and shall be recorded in the Office of the Ballard County Court Clerk. The lien shall be noticed to all persons from the time of its recording and shall bear interest in the amount of 4% per annum thereafter until paid. The lien shall take precedence over all other liens, except state, county, school board, and city taxes, except as provided in division (C) below. The City Council shall possess the lien for ten years from the date of the final, non-appealable order of the City Council or final judgment of the applicable court. The lien may be enforced by judicial proceedings.
(C) The lien provided in division (B) above shall not take precedence or priority over a previously recorded lien if:
(1) The City Council fails to provide any lien holder a copy of the determination in accordance with division (A) above; or
(2) The lien holder received a copy of the determination as required by division (A) above, and the lien holder corrected the violations and/or paid all civil fines assessed for the violation as well as all charges and fees incurred by the City Council in connection with the enforcement of this chapter, including abatement costs.
(D) In addition to the remedy prescribed in this chapter, or any other remedy authorized by law, the owner of a premises upon which a lien has been attached pursuant to this chapter shall be personally liable for the amount of the lien, including all civil fines assessed for the violation and all charges, fees, and abatement costs incurred by the City Council in connection with the enforcement of the ordinance. The City Council may bring a civil action against the defendant and shall have the same remedies as provided for the recovery of a debt owed. The failure of a City Council to comply with division (A) above, and the failure of a lien to take precedence over previously filed liens as provided in division (C) above, shall not limit or restrict any remedies that the City Council has against the owner of the premises.
(Ord. 632, passed 10-4-16)