§ 16-93. Additional enforcement proceedings for the control of litter and junk.

(a)

In addition to any other enforcement procedure, if a code enforcement officer finds a violation of section 16-91 or 16-92, the officer shall notify the owner of the property on which the violation exists. The notice shall inform the owner that:

(1)

The owner has thirty (30) calendar days from receipt of the notice to correct the violation or request a hearing; and

(2)

If the property owner does not correct the violation within the prescribed time, the county may remove the junk and litter and assess the actual cost thereof, including expenses, as a lien against the property. Notice shall be provided by certified mail to the last known mailing address. If the mailing address of the owner is not known and the property is unoccupied, the notice shall be posted on the property.

(b)

Within thirty (30) days from receipt or posting of the notice provided in subsection (a), the person to whom the notice was directed may file a written request for a hearing before the code enforcement board for the purpose of showing that there is no violation of this Code. The hearing shall be held as soon as practicable after the request for hearing is filed. The owner shall receive at least five (5) days' notice of the date, time, and place of the hearing.

(c)

If the violation has not been cured within thirty (30) days after the mailing or posting of notice, or if a hearing is timely requested and the code enforcement board confirms the existence of a violation, the administrator may cause the violation to be corrected by the county at the expense of the property owner.

(d)

If the county removes or causes the removal and disposal of junk or litter from property pursuant to this section, the actual cost of removal shall be billed to the owner by mail at his or her last known mailing address or at such other address indicated by the owner when responding to the notice authorized by this section. The bill shall state that the amount due must be paid within thirty (30) days of the billing date, which date shall be identified on the bill.

(e)

If the bill is not paid within thirty (30) days of the billing date specified, the administrator shall certify to the clerk:

(1)

The costs incurred by the county in performing any work to correct the violation;

(2)

The certificate of the code enforcement officer as to the condition of the property which necessitated incurring the costs;

(3)

A copy of the notice required by this section;

(4)

Proof of service of the notice; and

(5)

A copy of the ruling by the code enforcement board, if applicable. The clerk shall cause the certification to be recorded, whereupon such costs shall become and constitute a lien and charge upon such property, which shall be payable, with interest at the rate of twelve (12) percent per annum, from the date of recording until paid. The costs shall constitute a lien against the property equal in rank and dignity with the liens of all state, county, district or municipal taxes and non-ad valorem assessments. Except as otherwise provided by applicable law, such lien shall be superior in dignity to all other liens, titles and claims, until paid.

(f)

It shall be unlawful for any person to interfere with, obstruct, prevent, hinder, or impede any code enforcement officer, county employee, agent of the county, or cause such code enforcement officer, county employee or agent of the county to be interfered with, obstructed, prevented, hindered, or impeded, while clearing a junk and litter violation or performing any other duties as set forth in this chapter.

(Ord. No. 07-35, § 1 (§ 16-65), 12-12-2007; Ord. No. 09-14, § 1, 5-19-2009)