§ 9-260. Same—Action to be taken upon refusal, failure or neglect to remove or correct a violation.

(a)

Upon the refusal, failure or neglect of the person or persons served with a notice or order to remove a violation, and when a violator does not appear at the hearing pursuant to the Code of Ordinances or as otherwise provided by law, or an adverse judgment is rendered, the enforcing agency shall notify the violator, in writing, that thirty (30) days thereafter the dwelling, dwelling unit, hotel, hotel unit, rooming house, rooming unit, rubbish, trash, garbage, other refuse in violation of this Code may be repaired, altered, vacated, demolished, towed, or otherwise made to conform with the requirements of this article by city.

(b)

The costs incurred in the execution of any repairs, alterations, vacations, demolition, towing, or other action taken by the city shall be paid from the public treasury upon certification by the enforcing agency of the date or dates the work was performed and that the items of cost are accurate and reasonable.

(c)

The person who maintained or caused the violation shall reimburse the public treasury for all costs incurred in the execution of any action taken by the city within thirty (30) days of receipt of invoice. Failure to make such reimbursement shall subject such owner, occupant or person to appropriate legal action for the recovery thereof and shall become a lien against the property. Any lien imposed for the boarding of vacant properties shall be a lien prior in dignity to all liens, excepting county tax liens. The assessed costs and liens provided for herein shall bear interest at the highest legal rate and may be foreclosed in the manner provided by law for municipal liens or as a mortgage or in any other manner, as provided by law. In any action brought by the city for payment of the liens assessed herein after November 22, 1999, the property owner shall be responsible for the lien and all costs of the foreclosure, including a reasonable attorney's fee, incurred by the city.

(Code 1953, § 48-49; Ord. No. C-75-26, § 2, 3-18-75; Ord. No. C-90-4, § 5, 1-23-90; Ord. No. C-99-70, § 8, 12-21-99)