§ 6-169. Lien.

If the town incurs expenses in the vacating, securing, removal or demolition of the structure, the town may assess the expenses on, and the town has a lien against, unless it is a homestead protected by the state constitution, the property on which the structure is or was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the town for the expenses. The lien arises and attached to the property at the time a notice of the lien is recorded and indexed in the office of the county clerk. The notice must contain the name and address of the owner, if that information can be determined with a reasonable effort, a legal description of the real property on which the structure is or was, located, the amount of expenses incurred by the town, and the balance due. The lien is a privileged lien subordinate only to tax liens.

(1)

If the bill for the town's expenses in correcting any provisions coming under the provisions of this article, including the administrative charges and the assessment of any civil penalty, shall remain unpaid for a period of 90 days after the date of the mailing of such bill, the town secretary shall file a statement of such bill as a notice of lien with the county clerk.

(2)

Seizure and sale of property to recover expenses. The town may foreclose a lien on property under this section in a proceeding relating to the property brought under the state tax code or in a judicial proceeding if a building or other structure on the property has been demolished, a lien for the cost of the demolition of the building or other structure on the property has been created and that cost has not been paid more than 180 days after the date the lien was filed, and ad valorem taxes are delinquent on all or part of the property.

(Ord. No. 2009-01, art. I, § 13, 7-21-2009)