(a) 
Notice required.
The code enforcement official shall give written notice to the owner of property to abate a violation found on the premises. The notice shall require the abatement of the violation within ten days of the date of the notice.
(b) 
Method of notice.
The notice must be given:
(1) 
Personally to the owner; or
(2) 
By certified mail addressed to the owner at the owner's last known address; or
(3) 
If personal service cannot be obtained or the owner's mailing address is unknown, then notice must be given:
a. 
By posting the notice for ten days on or near the front door of each building on the property to which the violation relates; or
b. 
By posting the notice for ten days on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(c) 
Notice by certified mail.
If notice is given by certified mail to a property owner to abate a violation, three days shall be added to the prescribed period.
(d) 
Subsequent notice.
Subsequent notices are not required to a property owner for reoccurring violations on the same property within one calendar year from the date notice is first provided pursuant to this section. (Reference section 42-17 of this article.)
(Ordinance 1083, § 1(4.1), 6-9-98; Ordinance 1156, § 1, 6-27-00; Ordinance 1184, § 3, 7-24-01; Ordinance 1274, § 1, 12-9-03)
If the owner of the property does not comply with the requirements of a notice to abate a violation, the city may perform or cause to be performed the work or improvements required. The city may pay for the work done or improvements made and charge the expenses to the owner of the property as outlined in sections 42-38 through 42-41.
(Ordinance 1083, § 1(4.2), 6-9-98)
Required work or improvements performed or caused to be performed by the city shall be charged to the owner of the property.
(1) 
Minimum fee.
In addition to any administrative costs, the fee charged by the city shall be the actual invoice cost submitted by the mowing/clean-up contractor. In cases where city labor performs mowing/clean-up services, the minimum fee shall be $50.00 per hour for labor and equipment used in mowing/cleanup, plus all related expenses and the minimum charge shall be for one hour.
(2) 
Administrative fee.
The city shall charge an administrative fee of $50.00 added to the total, to cover the city's cost of administering the work.
(3) 
Expenses.
Related expenses shall include but are not limited to the costs of inspection or testing by third parties, photography, publication costs, title search fees, attorney's fees, costs incurred in identifying, locating, or contacting the owner, landfill fees, etc.
(Ordinance 1083, § 1(5.1), 6-9-98; Ordinance 1413, § 1, 12-11-07)
The code enforcement official shall certify the expenses incurred in enforcing the provisions of this division for invoicing to the owner of the property. The invoice becomes an account receivable upon completion and shall be due within 30 days of invoicing. The invoice shall be delivered personally or mailed to the owner's known address.
Lien after certification. If personal service cannot be obtained or the owner's address is unknown, the lien may be filed after certification of the expenses.
(Ordinance 1083, § 1(5.2), 6-9-98)
If payment in full has not been received after 30 days from invoicing, the city shall assess the expenses against the property in the form of a lien.
(1) 
Execution of lien.
The mayor city manager, or other city official designated by the mayor city manager, shall execute the lien on behalf of the city. The lien shall be filed with the county clerk. The lien arises and attaches to the property at the time the lien is recorded and indexed in the office of the county clerk. The lien should contain the name of the owner, a legal description of the real property, the amount of expenses incurred by the city, the interest rate to be charged and the balance due.
(2) 
Lien privileged.
The city's lien is a privileged lien subordinate only to tax liens and liens for street improvements.
(3) 
Interest.
Interest shall accrue at the rate of ten percent per annum on the balance due.
(4) 
Release of lien.
The lien shall be extinguished and released if the city is reimbursed for the total amount due.
(Ordinance 1083, § 1(5.3), 6-9-98)
(a) 
The city may authorize its attorney to bring a suit for foreclosure of a lien in the name of the city to recover the expenditures and interest due. Such suit may be filed in any court having jurisdiction over such matter, against any property for which:
(1) 
Such bill has remained unpaid 60 days after it has been rendered; and
(2) 
Exceeds ten percent (10%) of the appraised value of subject property.
(b) 
Records of property liens shall be reviewed annually to determine if foreclosure is feasible.
(Ordinance 1083, § 1(5.4), 6-9-98; Ordinance 1621, § 3, 1-14-14)