§ 10-25. Abatement by city at owner's expense; assessment of liens.

(a)

If the condition described in a notice given under section 10-23 has not been abated within twenty (20) days after providing such notice, or in the event there is a hearing as provided for in the preceding section, after ten (10) days' notice by certified mail with return receipt requested or by delivery to the property owner of a decision of the city upholding the finding of the city, no abatement having been meanwhile effected, the city manager shall cause the condition to be abated by the city at the expense of the owner of the property. After causing such condition to be abated the city manager shall certify to the property owner the expense incurred, together with his certificate as to the condition of the property which necessitated incurring the expense, and a copy of the notice to abate mentioned above with proof of mailing or delivery, and service, as aforesaid, and a certification by him of the result of the hearing before the city commission, whereupon such expense shall become and constitute a lien and charge upon the property, which shall be payable, with interest at the rate of eighteen (18) per cent per annum compounded daily or legal rate of interest if lower, from the date of such certification until paid. Such expense and charge shall be a first and prior lien against the property, subject only to the lien for taxes due the county and state, and of the same character as the lien of the city for municipal taxes. Upon failure of the owner of the property to pay the lien, the city may seek payment by any other means as allowed by law.

(b)

Any property owner shall have a right to have a hearing before the special magistrate/code enforcement board to show cause, if any, why such expenses and charges should be abated or reduced as a lien against the property if petition for hearing is made at least sixty (60) days following receipt of certification by the city manager. If the special magistrate/code enforcement board does not agree to abate or reduce the lien their decision shall be final. If the special magistrate/code enforcement board finds cause for abatement or reduction of the charges, the special magistrate/code enforcement board shall make this recommendation to the city commission. The city commission, as soon as practical, shall decide if the charges should be abated or reduced. The decision of the city commission shall be final. Failure to have had actual notice to abate or actual notice of the city's intention to abate shall not, of itself, constitute a basis for relief.

(c)

The city manager or his designee shall keep a complete set of files and records relating to such liens.

(Ord. No. 214, § 4, 9-2-1965; Ord. No. 1363, § 2, 8-21-2003; Ord. No. 1570, § 2, 9-5-2013)