[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 150 of the 2000 Code. Amendments noted where applicable.]
These regulations shall be known as the "Uniform Code for the
Abatement of Dangerous Buildings," may be cited as such and will be
referred to herein as "this code."
It is the purpose of this code to provide a just, equitable
and practicable method, to be cumulative with and in addition to any
other remedy provided by the Building Code, Housing Code or otherwise
available at law, whereby buildings or structures which from any cause
endanger the life, limb, health, morals, property, safety or welfare
of the general public or their occupants may be required to be repaired,
vacated or demolished. The provisions of this code shall apply to
all dangerous buildings, as herein defined, which are now in existence
or which may hereafter become dangerous in the City.
[Amended 3-23-2023 by Ord. No. 23-02]
All buildings and structures which are required to be repaired
under the provisions of this code shall be subject to the provisions
of Section 104 of the Building Code.
[Amended 3-23-2023 by Ord. No. 23-02]
A. Administration. The Building Official
or authorized representative is hereby authorized to enforce the provisions
of this code.
B. Inspections. The Housing Official,
the Fire Inspector and the Building Official and their authorized
representatives are hereby authorized to make such inspections and
take such actions as may be required to enforce the provisions of
this code.
C. Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official or any authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official or authorized representative by this code, provided that if such building or premises is occupied, such official shall first present proper credentials and request entry; and if such building or premises is unoccupied, the official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or authorized representative shall have recourse to every remedy provided by law to secure entry. When the Building Official or authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or authorized representative for the purpose of inspection and examination pursuant to this code. "Authorized representative" includes the officers named in Subsection
B of this section and their authorized inspection personnel.
[Amended 3-23-2023 by Ord. No. 23-02]
All buildings or portions thereof which are determined after inspection by the Building Official or authorized representative to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in §
130-10 of this code.
It is unlawful for any person to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip,
use, occupy or maintain any building or structure or cause or permit
the same to be done in violation of this code.
[Amended 3-23-2023 by Ord. No. 23-02]
All buildings or structures within the scope of this code and
all construction or work for which a permit is required shall be subject
to inspection by the Building Official or authorized representative
in accordance with and in the manner provided by this code and Section
110 of the Building Code.
In order to provide for final interpretation of the provisions
of this code and to hear appeals provided for hereunder, appeals may
be taken to the Building Board of Appeals. The rules and regulations
for conducting business and rendering decisions and findings established
for the Building Board of Appeals shall apply to all appeals made
under this code.
For the purpose of this code, terms, phrases, words and their
derivatives shall be construed as specified either in this code or
as specified in the Building Code or the Housing Code. When terms
are not defined, they shall have their ordinary accepted meanings
within the context in which they are used.
BUILDING CODE
The Marion Building Code as set forth in Chapter 160 of the
Code of Ordinances.
DANGEROUS BUILDING
Any building or structure which has any or all of the conditions
or defects hereinafter described, provided that such conditions or
defects exist to the extent that the life, health, property or safety
of the public or its occupants are endangered:
A.
Whenever any door, aisle, passageway, stairway or other means
of exit is not of sufficient width or size or is not so arranged as
to provide safe and adequate means of exit in case of fire or panic.
B.
Whenever the walking surface of any aisle, passageway, stairway
or other means of exit is so warped, worn, loose, torn or otherwise
unsafe as not to provide safe and adequate means of exit in case of
fire or panic.
C.
Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than 1 1/2 times the
working stress or stresses allowed in the Building Code for new buildings
of similar structure, purpose or location.
D.
Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
Building Code for new buildings of similar structure, purpose or location.
E.
Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
F.
Whenever any portion of a building, or any member, appurtenance
or ornamentation on the exterior thereof is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of 1/2 of that specified
in the Building Code for new buildings of similar structure, purpose
or location without exceeding the working stresses permitted in the
Building Code for such buildings.
G.
Whenever any portion thereof has wracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes than is required
in the case of similar new construction.
H.
Whenever the building or structure, or any portion thereof,
because of dilapidation, deterioration or decay; faulty construction;
the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; the deterioration,
decay or inadequacy of its foundation; or any other cause is likely
to partially or completely collapse.
I.
Whenever, for any reason, the building or structure, or any
portion thereof, is manifestly unsafe for the purpose for which it
is being used.
J.
Whenever the exterior wall or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle 1/3 of the base.
K.
Whenever the building or structure, exclusive of the foundation,
shows 33% or more damage or deterioration of its supporting member
or members, or 50% damage or deterioration of its nonsupporting members,
enclosing or outside walls or coverings.
L.
Whenever the building or structure has been so damaged by fire,
wind, earthquake or flood, or has become so dilapidated or deteriorated
as to become unsafe, unsanitary or dangerous to the health, safety
or general welfare of the people of this City.
[Amended 3-23-2023 by Ord. No. 23-02]
M.
Whenever any building or structure has been constructed, exists
or is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of the City, as specified in the Building Code or the
Housing Code, or of any law or ordinance of the state or City relating
to the condition, location or structure of buildings.
N.
Whenever any building or structure which, whether or not erected
in accordance with all applicable laws and ordinances, has in any
nonsupporting part, member or portion less than 50%, or in any supporting
part, member or portion less than 66% of the strength, fire-resisting
qualities or characteristics, or weather-resisting qualities or characteristics
required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
O.
Whenever a building or structure, used or intended to be used
for dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
air or sanitation facilities, or otherwise, is determined by the Building
Official or Housing Official or authorized representative to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease.
[Amended 3-23-2023 by Ord. No. 23-02]
P.
Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits, lack
of sufficient fire-resistive construction, faulty electric wiring,
gas connections or heating apparatus, or other cause, is determined
by the Fire Inspector to be a fire hazard.
Q.
Whenever any building or structure is in such condition as to
constitute a public nuisance known to the common law or in equity
jurisprudence.
R.
Whenever any portion of a building or structure remains on a
site after the demolition or destruction of the building or structure
or whenever any building or structure is abandoned for a period in
excess of six months so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
HOUSING CODE
The Marion Housing Code as set forth in Chapter
126, Building and Construction Codes, Article
VI, of the Code of Ordinances.
[Amended 3-23-2023 by Ord. No. 23-02]
A. Commencement of proceedings.
Whenever the Building Official or authorized representative has inspected
or caused to be inspected any building and has found and determined
that such building is a dangerous building, said official shall commence
proceedings to cause the repair, vacation or demolition of the building.
B. Notice and order. The Building
Official or authorized representative shall issue a notice and order
directed to the record owner of the building. The notice and order
shall contain:
(1) The street address and legal
description sufficient for identification of the premises upon which
the building is located.
(2) A statement that the Building Official or authorized representative has found the building to be dangerous, with a brief and concise description of the conditions found to render the building dangerous under the provisions of the definition of "dangerous building" in §
130-9.
(3) A statement of the action
required to be taken as determined by the Building Official or authorized
representative.
(a) If the Building Official
or authorized representative has determined that the building or structure
must be repaired, the order shall require that all required permits
be secured therefor and the work physically commenced within such
time (not to exceed 60 days from the date of the order) and completed
within such time as the Building Official or authorized representative
shall determine is reasonable under all of the circumstances. The
building may be demolished at the option of the building owner.
(b) If the Building Official
or authorized representative has determined that the building or structure
must be vacated, the order shall require that the building or structure
be vacated within a time certain from the date of the order as determined
by the Building Official or authorized representative to be reasonable.
(c) If the Building Official
or authorized representative has determined that the building or structure
must be demolished, the order shall require that the building be vacated
within such time as the Building Official or authorized representative
shall determine is reasonable (not to exceed 60 days from the date
of the order), that all required permits be secured therefor within
60 days from the date of the order, and that the demolition be completed
within such time as the Building Official or authorized representative
shall determine is reasonable.
(4) Statements advising that
if any required repair or demolition work (without vacation also being
required) is not commenced within the time specified, the Building
Official or authorized representative:
(a) Will order the building vacated and posted to prevent further occupancy
until the work is completed; and
(b) May proceed to cause the work to be done and charge the costs thereof
against the property or its owner.
(5) Statements advising that:
(a) Any person having any record title of legal interest in the building
may appeal from the notice and order or any action of the Building
Official or authorized representative to the Board of Appeals, provided
the appeal is made in writing as provided in this code and filed with
the Building Official or authorized representative within 30 days
from the date of service of such notice and order; and
(b) Failure to appeal will constitute a waiver of all right to an administrative
hearing and determination of the matter.
C. Service of notice and order.
The notice and order, and any amended or supplemental notice and order,
shall be served upon the record owner and posted on the property;
and one copy thereof shall be served on each of the following if known
to the Building Official or authorized representative or disclosed
from official public records: the holder of any mortgage or deed of
trust or other lien or encumbrance of record; the owner or holder
of any lease of record; the holder of any other estate or legal interest
of record in or to the building or the land on which it is located.
Failure of the Building Official or authorized representative to serve
any person required herein to be served shall not invalidate any proceedings
hereunder as to any other person duly served or relieve any such person
from any duty or obligation imposed on said person by the provisions
of this section.
D. Method of service. Service of
the notice and order shall be made upon all persons entitled thereto
either personally or by mailing a copy of such notice and order by
certified mail, postage prepaid, return receipt requested, to each
such person at their address as it appears on the last equalized assessment
roll of the county or as known to the Building Official or authorized
representative. If no address of any such person so appears or is
known to the Building Official or authorized representative, then
a copy of the notice and order shall be mailed, addressed to such
person, at the address of the building involved in the proceedings.
The failure of any such person to receive such notice shall not affect
the validity of any proceedings taken under this section. Service
by certified mail in the manner herein provided shall be effective
on the date of mailing.
[Amended 8-17-2023 by Ord. No. 23-21]
E. Proof of service. Proof of service
of the notice and order shall be certified at the time of service
by a written declaration under penalty of perjury executed by the
persons effecting service, declaring the time, date and manner in
which service was made. The declaration, together with any receipt
card returned in acknowledgement of receipt by certified mail, shall
be affixed to the copy of the notice and order retained by the Building
Official or authorized representative.
[Amended 3-23-2023 by Ord. No. 23-02]
If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the Building
Official or authorized representative shall file in the office of
the County Recorder a certificate describing the property and certifying
(i) that the building is a dangerous building and (ii) that the owner
has been notified. Whenever the corrections ordered shall thereafter
have been completed or the building demolished so that it no longer
exists as a dangerous building on the property described in the certificate,
the Building Official or authorized representative shall file a new
certificate with the County Recorder certifying that the building
has been demolished or all required corrections have been made so
that the building is no longer dangerous, whichever is appropriate.
[Amended 3-23-2023 by Ord. No. 23-02]
The following standards shall be followed by the Building Official
or authorized representative (and by the Board of Appeals if an appeal
is taken) in ordering the repair, vacation or demolition of any dangerous
building or structure:
A. Any building declared a dangerous
building under this code either shall be repaired in accordance with
the current Building Code or shall be demolished at the option of
the building owner.
B. If the building or structure
is in such condition as to make it immediately dangerous to the life,
limb, property or safety of the public or its occupants, it shall
be ordered to be vacated.
A. Posting. Every notice to vacate shall, in addition to being served as provided in §
130-10C, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER - UNSAFE TO OCCUPY
|
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
|
Building Official
|
City of Marion
|
B. Compliance. Whenever such notice is posted, the Building Official or authorized representative shall include a notification thereof in the notice and order issued by the Building Official or authorized representative under §
130-10B, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal has been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code.
[Amended 3-23-2023 by Ord. No. 23-02]
[Amended 3-23-2023 by Ord. No. 23-02]
A. Form of appeal.
(1) Any person entitled to service under §
130-10C may appeal from any notice and order or any action of the Building Official or authorized representative under this code by filing at the office of the Building Official or authorized representative a written appeal containing:
(a) A heading in the words:
"Before the Board of Appeals of the _____ of __________."
(b) A caption reading: "Appeal
of __________," giving the names of all appellants participating in
the appeal.
(c) A brief statement setting
forth the legal interest of each of the appellants in the building
or the land involved in the notice and order.
(d) A brief statement in ordinary
and concise language of the specific order or action protested, together
with any material facts claimed to support the contentions of the
appellant.
(e) A brief statement in ordinary
and concise language of the relief sought and the reasons why it is
claimed the protested order or action should be reversed, modified
or otherwise set aside.
(f) The signatures of all
parties named as appellants and their official mailing addresses.
(g) The verification (by declaration under penalty of perjury) of at
least one appellant as to the truth of the matters stated in the appeal.
(2) The appeal shall be filed within 30 days from the date of the service of such order or action of the Building Official or authorized representative; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section
130-13, such appeal shall be filed within 10 days from the date of service of the notice and order of the Building Official or authorized representative.
B. Process of appeal. Upon receipt
of any appeal filed pursuant to this section, the Building Official
or authorized representative shall present it at the next regular
or special meeting of the Board of Appeals.
C. Scheduling and notice of appeal
for hearing. As soon as practicable after receiving the written appeal,
the Board of Appeals shall fix a date, time and place for the hearing
of the appeal by the Board. Such date shall not be less than 10 days
nor more than 60 days from the date of appeal as filed with the Building
Official or authorized representative. Written notice of the time
and place of the hearing shall be given at least 10 days prior to
the date of the hearing to each appellant by the Secretary of the
Board either by causing a copy of such notice to be delivered to the
appellant personally or by mailing a copy thereof, postage prepaid,
addressed to the appellant at the address shown on the appeal.
D. Effect of failure to appeal.
Failure of any person to file an appeal in accordance with the provisions
of this section shall constitute a waiver of the right to an administrative
hearing and adjudication of the notice and order or any portion thereof.
E. Scope of hearing on appeal. Only
those matters or issues specifically raised by the appellant shall
be considered in the hearing of the appeal.
F. Stay of order under appeal. Except for vacation orders made pursuant to §
130-12, enforcement of any notice and order of the Building Official or authorized representative issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
A. Board of Appeals action. The
Building Board of Appeals, by a majority vote, may sustain, modify
or withdraw the notice or order. In granting an extension or variance
of any notice or order, the Board shall observe the following condition:
The Board may grant an extension of time for compliance with any notice
or order for not more than 18 months, subject to appropriate conditions
and provided that the Board makes specific findings of fact based
on evidence relating to the following:
(1) That there are practical
difficulties or unnecessary hardships in carrying out the strict letter
of any notice or order.
(2) That such an extension is
in harmony with the general purpose and intent of this code in securing
the public health, safety and general welfare.
B. Form of notice of hearing. The
notice to appellant shall be substantially in the following form but
may include other information:
"You are hereby notified that a hearing will be held
before the Board of Appeals at ____________________ on the _____ day
of __________ at the hour of _____, upon the notice and order served
upon you. You may present any relevant evidence and witnesses."
|
C. Conduct of hearing. Hearings
need not be conducted according to the technical rules relating to
evidence and witnesses.
D. Method and form of decision.
The decision shall be in writing and shall contain findings of fact,
a determination of the issues presented, and the requirements to be
complied with. A copy of the decision shall be delivered to the appellant
personally or sent by certified mail, postage prepaid, return receipt
requested.
E. Effective date of decision. The
effective date of the decision shall be as dated therein.
[Amended 3-23-2023 by Ord. No. 23-02]
A. General. After any order of the
Building Official or authorized representative or the Board of Appeals
made pursuant to this code shall have become final, no person to whom
any such order is directed shall fail, neglect or refuse to obey any
such order.
B. Failure to obey order. If, after
any order of the Building Official or authorized representative or
Board of Appeals made pursuant to this code has become final, the
person to whom such order is directed shall fail, neglect or refuse
to obey such order, the Building Official or authorized representative
may:
(1) Cause such person to be prosecuted under Subsection
A of this section; or
(2) Institute
any appropriate action to abate such buildings as a public nuisance.
C. Failure to commence work. Whenever
the required repair or demolition is not commenced within 30 days
after any final notice and order issued under this code becomes effective:
(1) The Building Official or
authorized representative may cause the building described in such
notice and order to be vacated by posting at each entrance thereto
a notice reading:
DANGEROUS BUILDING - DO NOT OCCUPY
|
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
|
Building Official
|
City of Marion
|
(2) No person shall occupy any
building which has been posted as specified in this subsection. No
person shall remove or deface any such notice so posted until the
repairs, demolition or removal ordered by the Building Official or
authorized representative have been completed and a certificate of
occupancy issued pursuant to the provisions of the Building Code.
(3) The Building Official or
authorized representative shall notify the City Council of the failure
to commence work, and the City Council shall direct the Building Official
or authorized representative on action to be taken. In addition to
any other remedy herein provided, the Council may direct the Building
Official or authorized representative to institute legal proceedings
to cause the building to be repaired to the extent necessary to correct
the conditions which render the building dangerous as set forth in
the notice and order; or if the notice and order require demolition,
to cause the building to be sold and demolished or demolished and
the materials, rubble and debris therefrom removed and the lot cleaned.
Any such repair or demolition work shall be accomplished and the cost
thereof paid and recovered in the manner hereinafter provided in this
code. Any surplus realized from the sale of any such building, or
from the demolition thereof, over and above the cost of demolition
and of cleaning the lot shall be paid over to the person or persons
lawfully entitled thereto.
[Amended 3-23-2023 by Ord. No. 23-02]
Upon receipt of an application from the person required to conform
to the order and an agreement by such person that said person will
comply with the order if allowed additional time, the Building Official
or authorized representative may, in such official's discretion, grant
an extension of time, not to exceed an additional 120 days, to complete
said repair, rehabilitation or demolition, if the Building Official
or authorized representative determines that such an extension of
time will not create or perpetuate a situation imminently dangerous
to life or property. The Building Official's or authorized representative's
authority to extend time is limited to the physical repair, rehabilitation
or demolition of the premises and will not in any way affect the time
to appeal the notice and order.
No person shall obstruct, impede or interfere with any officer,
employee, contractor or authorized representative of the City or with
any person who owns or holds any estate or interest in any building
which has been ordered repaired, vacated or demolished under the provisions
of this code; or with any person to whom such building has been lawfully
sold pursuant to the provisions of this code, whenever such officer,
employee, contractor or authorized representative of the City, person
having an interest or estate in such building or structure, or purchaser
is engaged in the work of repairing, vacating and repairing, or demolishing
any such building, pursuant to the provisions of this code, or in
performing any necessary act preliminary to or incidental to such
work or authorized or directed pursuant to this code.
A. Procedure. If any work of repair or demolition is to be done pursuant to §
130-16C(3), the Building Official or authorized representative shall issue an order therefor to have the work completed by private contract under the direction of the Code Compliance Coordinator. Plans and specifications therefor may be prepared by the Code Compliance Coordinator, or said Coordinator may employ such architectural and engineering assistance on a contract basis as the Coordinator may deem reasonably necessary. When said work is accomplished by private contract, standard public works contractual procedures shall be followed.
[Amended 3-23-2023 by Ord. No. 23-02]
B. Costs. The cost of such work
shall be paid by such City account as is appropriate according to
the Code of Iowa and may be made a special assessment against the
property involved.
A. Account of expenses; filing of report; contents. The Public Works Director shall keep an itemized account of the expenses incurred by the City in the repair or demolition of any building done pursuant to the provisions of §
130-16C(3). Upon completion of the work of repair or demolition, said Director 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 addressees of the persons entitled to notice pursuant to §
130-10C.
[Amended 8-22-2024 by Ord. No. 24-10]
B. Report transmitted to Council;
setting for hearing. Upon receipt of said report, the Clerk shall
present it to the Council for consideration. The Council shall fix
a time, date and place of hearing said report and any protests or
objections thereto. The Clerk shall cause notice of said 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 such owner's
name and address appear on the last equalized assessment roll of the
county, if such so appear, or as known to the Clerk. Such notice shall
be given at least 10 days prior to the date set for hearing and shall
specify the day, hour and place where the Council will hear and pass
upon the Director's report, together with any objections or protests
which may be filed as hereinafter provided by any person interested
in or affected by the proposed charge.
C. Protests and objections. Any
person interested in or affected by the proposed charge may file written
protests or objections with the Clerk at any time prior to the time
set for the hearing on the report of the Director. Each such protest
or objection must contain a description of the property in which the
signer thereof is interested and the grounds of such protest or objection.
The Clerk shall endorse on every such protest or objection the date
it was received. The Clerk shall present such protests or objections
to the Council at the time set for the hearing, and no other protests
or objections shall be considered.
D. Hearing of protests. Upon the
day and hour fixed for the hearing, the Council shall hear and pass
upon the report of the Director, together with any such objections
or protests. The Council may make such revision, correction or modification
in the report or the charge as it may deem just; and when the 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 Council on the report
and the charge, and on all protests or objections, shall be final
and conclusive.
E. Special assessments. If the Council
orders that the charge shall be assessed against the property it shall
confirm the assessment, cause the same to be recorded on the assessment
roll, and thereafter said assessment shall constitute a special assessment
against and a lien on the property.
F. Contest. The validity of any
assessment made under the provisions of this code shall not be contested
in any action or proceeding unless the same is commenced within 30
days after the assessment is placed upon the assessment roll as provided
herein. Any appeal from the final judgment in such action or proceeding
must be perfected within 30 days after the entry of such judgment.
G. Authority for installment payment
of assessments with interest. The Council, in its discretion, may
determine that assessments in amounts of $500 or more shall be payable
in not to exceed 10 equal annual installments. The Council's determination
to allow payment of such assessments in installments, the number of
installments, whether they shall bear interest, and the rate thereof
shall be by a resolution adopted prior to the confirmation of the
assessment.
H. Lien of assessment.
(1) Priority. Immediately upon
its being placed on the assessment roll, the assessment 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 property 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.
(2) Interest. All such assessments
remaining unpaid after 30 days from the date of recording on the assessment
roll shall become delinquent and shall bear interest at the lawful
rate for special assessments.
I. Report to Assessor and Tax Collector;
addition of assessment to tax bill. After confirmation of the report,
certified copies of the assessment shall be given to the Assessor
and the Tax Collector acting for the City, who shall add the amount
of the assessment to the next regular tax bill levied against the
parcel for municipal purposes.
J. Filing copy of report with County
Auditor. If the County Assessor and the County Tax Collector assess
property and collect taxes for the City, a certified copy of the assessment
shall be filed with the County Auditor as by law provided. The descriptions
of the parcels reported shall be those used for the same parcels on
the County Assessor's map books for the current year.
K. Collection of assessment; penalties
for foreclosure. The amount of the assessment shall be collected at
the same time and in the same manner as ordinary property taxes are
collected; and shall be subject to the same penalties and procedure
and sale in case of delinquency as provided for ordinary property
taxes. All laws applicable to the levy, collection and enforcement
of property taxes shall be applicable to such assessment. If the Council
has determined that the assessment shall be paid in installments,
each installment and any interest thereon shall be collected in the
same manner as ordinary property taxes in successive years. If any
installment is delinquent, the amount thereof is subject to the same
penalties and procedure for sale as provided for ordinary property
taxes.
L. Repayment of repair. All money
recovered by payment of the charge or assessment or from the sale
of the property at foreclosure sale shall be paid to the City Treasurer,
who shall credit the same to the City.
In any case where a provision of this code is found to be in
conflict with the provision of any zoning, building, fire, safety
or health ordinance or code of the City or state existing on the effective
date of this code, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this code is found
to be in conflict with a provision of any other ordinance or code
of the City existing on the effective date of this code which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this code shall be deemed
to prevail, and such other ordinances or codes are hereby declared
to be repealed to the extent that they may be found in conflict with
this code.