(A) Notice to remove. The City Manager and/or his or her authorized agent is hereby authorized and empowered to notify the owner of any open or vacant private property within the city, or the agent of such owner, to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail addressed to said owner at his or her last known address.
(B) Action upon non-compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within ten days after the receipt of written notice provided for above, or within ten days after the date of such notice, in the event the same is returned to the city’s Post Office because of its inability to make delivery thereof; provided, the same was properly addressed to the last known address of such owner, or agent, the City Manager or his or her authorized agent is hereby empowered to pay for the disposing of such litter or to order its disposal by the city.
(C) Charge to owner. When the city has effected the removal of such dangerous litter or has paid for its removal, the actual costs thereof, plus accrued interest at the rate of 9% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property.
(D) Recorded statement constitutes lien. Where the full amount due the city is not paid by such owner within ten days after the disposal of such litter, as provided for above, then, and in that case, the City Manager or his or her authorized agent shall cause to be recorded in the official records of the County Recorder’s office in Flagstaff a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of Court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law and shall be further subject to a delinquent penalty of 12% in the event same is not paid in full within 30 days from the date of billing. Sworn statements recorded in accordance with the provisions shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(Prior Code, § 6-9.06) (Ord. 495, passed - -)