§ 42-43. Assessment of expenses; lien; appeal.

(a)

Lien assessed. The city does hereby assess the expenses incurred pursuant to section 42-40 against the real estate on which the work is done or improvements made, and charge the owner of the property. The expenses shall include an administrative fee.

(b)

Notice. In assessing the expenses incurred against the property on which the work is done or improvements made, the city shall send the owner of the property upon which the work was done a notice which shall include:

(1)

Identification of the property;

(2)

Description of the violation;

(3)

A statement that the city abated the condition;

(4)

A statement of the city's expenses in abating the condition;

(5)

An explanation of the property owner's right to request a hearing about the abatement of the nuisance within ten days of the date of the letter; and

(6)

A statement that if the owner fails or refuses to pay the expenses within 30 days of the date of the notice, the city manager shall place a lien against the property by filing with the county clerk of the county in which the property is located a notice of lien and statement of expenses incurred.

(c)

Method. The notice shall be sent in the same manner as provided in section 42-39.

(d)

Hearing. The city manager or the city manager's designated representative will conduct a hearing if the property owner submits a written request within ten days of the date of the notice. At the hearing:

(1)

The owner and the city may testify or present witnesses or written information related to the city's abatement of the nuisance.

(2)

The city has the burden to show that a violation of this article existed, notice was given in substantial compliance with this article, and expenses were incurred to abate the violation.

(3)

At the conclusion of the hearing, the city manager may approve the expenses, deny the expenses, or adjust the amount of the expenses and approve them as adjusted.

(e)

Placement of lien. If no hearing is requested, or a hearing is held and the expenses are determined to be valid or are otherwise appropriately adjusted, and the owner fails or refuses to pay the expenses within 30 days after the written notification to pay, the city manager shall place a lien against the property by filing with the county clerk of the county in which the property is located a notice of lien and statement of expenses incurred. The lien shall state the name of the property owner if known, and contain the legal description of the property.

(f)

Security. The lien is security for the expenses and interest, accruing at the rate of ten percent per annum from the date the work was performed or the expenses were incurred by the city.

(g)

Filing. When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.

(h)

Suit. The city may institute suit to recover the expenses, with interest, and may foreclose on the property. The original or a certified copy of the statement of expenses is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.

(Ord. No. 2013-01, § 1, 1-15-13; Ord. No. 2016-09, § 1, 9-6-16)