§ 9-278. Assessment and lien.  


Latest version.
  • (a)

    Notice of assessment . Prior to approving and recording a claim of special assessment lien pursuant to subsection (b) below, 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 benefitted 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 hand delivery of the notice or within thirty (30) days after return of the receipt, then the claim of special assessment lien may be approved and recorded.

    (b)

    Approving and recording of claim of special assessment lien. After the county repairs or demolishes a building or structure in accordance with the Orange County Property Maintenance Code and complies with the requirements of subsection (a) above, 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 as Appendix A.

    (2)

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

    a.

    The cost of repairing or demolishing the building or structure;

    b.

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

    c.

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

    (3)

    It shall contain a brief description of the repair or demolition services rendered;

    (4)

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

    (5)

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

    (6)

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

    (c)

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

    (d)

    Satisfaction of special assessment lien . 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 as Appendix B.

    (e)

    Lien collection . 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, plus a reasonable attorneys' fee.

(Ord. No. 2015-06 , § 1, 2(C), 6-16-15)