§ 12-88. Expenses incurred by city; lien.

(a)

If a notice as provided for herein is delivered to the owner of such real property, and he or she fails or refuses to comply with such demand for compliance within the ten-day time period established herein, the aforementioned charges shall be, in addition to a charge to and personal liability of said owner, a privileged lien upon and against such real property, including all fixtures and improvements thereon. In order to perfect such lien, the city administrator, or his/her duly appointed representative, shall first give such owner written notice of demand for payment of such charges. Such written notice may be given by any one of the methods provided for herein for the giving of the initial notice demanding compliance with the terms of this article.

(b)

If such owner fails or refuses to make complete payment of said charges within thirty (30) days of his or her receipt of said notice, the mayor, municipal health authority or the city administrator, shall file a written statement of such charges with the county clerk of the county for filing in the county land and deed records. Said statement shall be deemed sufficient if it contains the following minimum information; however, it may also contain such other information deemed appropriate by the mayor, the chief building official or their respective designee, or his/her duly appointed representative:

(1)

The name of the owner of the real property, if known;

(2)

A legal description of the real property;

(3)

A statement of the charges incurred by the city in doing or in having such work done as necessary to bring the real property into compliance with this article; and

(4)

A notarized affidavit executed by the city administrator or his/her duly appointed representative, stating that all prerequisites required by this article for the imposition of the charges and the affixing of the lien have been met and that all statements and/or representations made therein are true and correct. The lien attaches upon the filing of the lien statement with the county clerk.

(5)

All such charges shall bear interest at the rate of ten (10) percent per annum from the date of payment by the city. The lien obtained is security for the expenditures made and is inferior only to tax liens and liens for street improvements. The city may bring suit to collect the charges, institute foreclosure proceedings, or both. The written statement of such charges provided for herein, or a certified copy thereof, shall be prima facie evidence of the city's claim for charges or right to foreclose the lien. The owner of the real property or any other person claiming, occupying or having supervision or control of the real property shall be jointly and severally liable for such charges.

(6)

This remedy is in addition to any penal provision provided herein.

(Ord. No. 2010-02, § 9, 1-11-2010)