(A) If the property owner, occupant, lessee or other person served with a notice pursuant to this chapter fails to comply with such notice or order, the city may correct or abate the conditions subject to the notice, including the right to demolish the dangerous building if the cost to the city to repair the building exceeds the cost to demolish the dangerous building.
(C) In the event the city corrects or abates a violation of this chapter, the city shall prepare a verified statement and account of the actual cost of such removal or abatement, including the cost of labor and expenses incurred by the city, any associated legal costs for abatement and injunctions, as well as an additional 5% for inspection and other incidental costs in connection with such correction or abatement. The statement of abatement costs shall be delivered or mailed, certified mail return receipt requested, to the owner(s), occupants, lessees or other person(s) upon whom the city served the notice or order. That statement shall further set forth the following:
(1) The statement of costs is an assessment upon the lots and tracts of land from which the city corrected or abated the violation;
(2) The assessment shall be payable in equal annual installments from the date the assessment is recorded and according to the following schedule:
Less than $500 | Within one year after assessment recorded |
$500 - $1,000 | Within two years after assessment recorded |
$1,000 - $5,000 | Within three years after assessment recorded |
$5,000 - $10,000 | Within six years after assessment recorded |
Over $10,000 | Within ten years after assessment recorded |
(3) The right to appeal the amount of the costs.
(D) The city shall prepare the verified statement and account within 45 days from the last day in which the city performed any work on the property. The verified statement and account shall be an assessment on the property.
(E) The assessment shall be recorded in the office of the County Recorder and, from the date of its recording, shall be a lien on the lot or tract of land. Such lien is prior to and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes.
(F) If, at any time, payments are not made in a timely manner, the city may file an action for judgment on foreclosure and order of sale in Superior Court for both the amount past due as well as the entire, outstanding amount of the lien. The failure to enforce the lien or the foregoing payment schedule shall not affect either the validity of the lien or the right to receive payments.
(G) The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording thereof.
(H) A prior assessment pursuant to this section shall not be a bar to a subsequent assessment and any number of liens on the same lot or tract of land may be enforced in the same action.
(Prior Code, § 6-7.18) (Ord. 791, passed - -1999)