§ 28-40. Liens; assessment.

(a)

The actual cost and administrative expenses of a termination and abatement of a violation of this article when such termination and abatement is accomplished under the direction of the code enforcement division manager shall be levied and constitute a special assessment lien against the benefited property as set forth in subsection (c).

(b)

Prior to approving and recording a claim of special assessment lien pursuant to subsection (c), the county shall, by hand or certified mail, return receipt requested, deliver or send a notice of assessment of costs to the last known owner of record of the subject benefited real property. If the assessment is not paid or arrangements satisfactory to the county have not been made to pay such assessment within thirty (30) days after return of the receipt, then the claim of special assessment lien may be approved and recorded.

(c)

After the violation of this article is abated in accordance with this article and complies with the requirements of subsection (b), the county is authorized to approve and record a claim of special assessment lien in the official records of the county. The claim of special assessment lien is subject to the following conditions and requirements:

(1)

It shall be adopted by the board of county commissioners in the form of a resolution at a public meeting, and such resolution shall substantially conform to and comply with the form attached to Ordinance No. 2000-04, Appendix A (on file with the county), with such modifications as are practical to reflect the actual cost of lot cleaning services incurred by the county.

(2)

It shall state the amount of the assessment, and such amount shall include the following:

a.

The cost of terminating and abating the violation;

b.

The cost of delivering or mailing the notice of assessment pursuant to subsection (b); and

c.

The cost of recording the claim of special assessment lien pursuant to subsection (c);

d.

The amount of a penalty under subsection (i) below, if any.

e.

It shall contain a brief description of the services rendered;

f.

It shall state the date(s) on which the service(s) was(were) rendered;

g.

It shall contain a legal description of the benefited real property upon which the services were rendered; and

h.

It shall state the name(s) and address(es) of the last known owner(s) of the subject real property.

(d)

The claim of special assessment lien, upon its recording, shall constitute a special assessment lien.

(e)

The special assessment lien shall be satisfied when the amount due, including any statutory interest thereon, has been paid in full. The satisfaction shall be adopted by the board of county commissioners in the form of a resolution at a public meeting, and such resolution shall substantially conform to and comply with the form attached to Ordinance No. 2000-04, Appendix B (on file with the county), with such modifications as are practical to reflect the actual cost of lot cleaning services incurred by the county.

(f)

The county may initiate legal proceedings to collect on or foreclose any special assessment lien recorded pursuant to this section, and recover the costs of the suit and a reasonable attorney's fee.

(g)

The procedures set forth in this section shall be followed for any services rendered under this article on or after October 1, 2005.

(h)

(1)

A special assessment shall not be levied against any property more than four (4) times in any twelve-month period for cleaning the same of excessive growth of grass, weeds, brush and branches.

(2)

A special assessment may be levied against any property an unlimited number of times in any calendar year for cleaning the same of accumulations of junk, trash and debris, or fill.

(i)

(1)

If a notice for a second violation of section 28-33, 28-34, or 28-35 is cited against the property within twelve (12) months from the date of the first notice of violation, a fine of one hundred dollars ($100.00) shall be assessed after thirty (30) days from issuance of the second notice of violation, except that if the violation notice is successfully appealed, the penalty shall not be assessed.

(2)

If a notice for three (3) or more violations of sections 28-33, 28-34, or 28-35 is cited against the property within twelve (12) months from the date of the first notice of violation, a fine of two hundred dollars ($200.00) shall be assessed after thirty (30) days from issuance of the third notice of violation and for any subsequent violations that occur thereafter, except that if the violation notice is successfully appealed, the penalty shall not be assessed.

(Code 1965, § 16-35; Ord. No. 89-11, § 1(17), 8-7-89; Ord. No. 90-18, § 1, 8-13-90; Ord. No. 93-07, § 8, 4-6-93; Ord. No. 98-17, § 9, 8-11-98; Ord. No. 2005-10 , § 14, 8-30-05)