11-5
RECOVERY OF COST OF REPAIRS OR DEMOLITION:

11-5.1 Scope:

The provisions of this Section shall govern the recovery of the cost of any repairs or demolition made pursuant to the Housing Code adopted in this Chapter. (Code 1972 §15-14)

11-5.2 Record Of Costs; Report To The City Clerk:

The Building Official shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of the Housing Code adopted in this Chapter. Upon the completion of the work of repair or demolition, the Building Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice. (Code 1972 §15-15)

11-5.3 Setting Hearing On Building Official’s Report; Notice:

Upon receipt of the report of the Building Official required by this Section, the City Clerk shall present it to the City Council for its consideration. The City Council shall fix a time, date and place for hearing the report and any protest or objections thereto. The City Clerk shall cause notice of the hearing to be posted upon the property involved, published once in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appears on the last equalized assessment roll of the County, if such so appears, or as known to the City Clerk. The notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour, and place when the City Council will hear and pass upon the Building Official’s report, together with any objection or protests which may be filed as provided in this Section by any person interested in or affected by the proposed charge. (Code 1972 §15-16)

11-5.4 Protests And Objections To Assessment Of Costs:

Any person interested in, or affected by, the proposed assessment of cost may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Building Official. Each protest or objection shall contain a description of the property in which the signer thereof is interested and the grounds of the protest or objection. The interested party who has filed a protest or objection to this Subsection shall present such protests or objections to the City Council at the time set for the hearing and no other protests or objections shall be considered. (Code 1972 §15-17)

11-5.5 Hearing On Report And Objections:

Upon the day and hour fixed for the hearing pursuant to this Section, the City Council shall hear and pass upon the report of the Building Official, together with objections or protests filed pursuant to this Section. The City Council may make such revision, correction or modification in the report or the charge as it may deem just. When the City Council is satisfied with the correctness of the charge, the report as submitted or as revised, corrected or modified, together with the charge, shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive. (Code 1972 §15-18)

11-5.6 Determination And Collection Of Costs:

a.    Generally: The city council may, upon the hearing held pursuant to this section, order that the charge shall be made a personal obligation of the property owner or assess the charge against the property involved.

b.    Personal Obligation: If the city council orders that the charge shall be a personal obligation of the property owner, it shall direct the city attorney to collect the charge on behalf of the city by use of all appropriate legal remedies.

c.    Special Assessment: If the city council orders that the charge shall be assessed against the property, it shall confirm the assessment, cause it to be recorded on the assessment roll, and thereafter the assessment shall constitute a special assessment against, and a lien upon, the property. (Code 1972 §15-19)

11-5.7 Contestability Of Action By The City Council:

The validity of any assessment made under the provisions of this section shall not be contested in any action or proceeding unless the action is commenced within thirty (30) days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceedings must be perfected within thirty (30) days after the entry of such judgment. (Code 1972 §15-20)

11-5.8 Priority Of Lien:

Immediately upon its being placed on the assessment roll, an assessment made pursuant to this section shall be deemed to be complete, the several amounts assessed shall be payable and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (Code 1972 §15-21)

11-5.9 Interest On Assessment:

All assessments made pursuant to this section and remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of seven percent (7%) per annum from and after the date. (Code 1972 §15-22)

11-5.10 Certification Of Assessment To The County; Levy:

After confirmation of the building official’s report by the city council at a hearing held pursuant to this section, certified copies of the assessment shall be given to the county assessor and the county tax collector, who shall add the amount of the assessment to the next tax bill levied against the parcel for city purposes. (Code 1972 §15-23)

11-5.11 Manner Of Assessment Collection:

a.    An assessment made pursuant to this section shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties, procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.

b.    If the city council has determined that the assessment made pursuant to this section shall be paid in installments, each installment and any interest shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount is subject to the same penalties and procedure for sale as provided for ordinary municipal taxes. (Code 1972 §15-24)

11-5.12 Disposition Of Revenues:

All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale pursuant to this section shall be paid to the city treasurer, who shall credit the revenue to the city repair and demolition fund. (Code 1972 §15-25)

11-5.13 Retroactive And Prospective Application:

This section is hereby declared to be remedial and shall have retroactive application, as well as prospective application. (Code 1972 §15-26)