§ 79-9. Recovery of demolition, and clearance costs; imposition of lien/special assessment.

(a)

The demolition and clearance by an owner(s) or by the county in the manner provided for in this chapter is deemed to constitute an activity performed for the protection, benefit, and welfare of the general public and also for the benefit of the property itself. As a result, the owner(s) shall be responsible for the costs of demolishing and clearing the structure(s) and parcel, whether the owner(s) or the county completes the demolition and clearance.

(b)

If it is necessary for the county to demolish and clear a slum or blighted structure in accordance with this chapter, the county may perform the work itself or may contract with an individual, firm, or other legal entity for such services. An invoice shall be submitted to the owner(s) for payment of the costs incurred by the county or its contractor. The owner(s) shall be required to pay all costs incurred, including any administrative costs, within 30 days of the date of the invoice. It is a violation of this chapter to fail to timely pay an invoice. If payment is not made by the owner(s) within 30 days of the date of the invoice, the county shall impose a lien/special assessment upon the property for the costs of demolition, clearance, administrative costs, and recording fees. The lien/special assessment shall be of the same priority as liens/special assessments for ad valorem taxes, and as it represents costs expended for the benefit of the property itself, the lien/special assessment shall be superior to all other encumbrances, whether secured and regardless of priority. Such lien/special assessment shall be duly recorded in the official records of the county and shall accrue interest at the rate of eight percent from the date of recording. Upon foreclosure of the lien/special assessment, the county shall be entitled to all costs and attorney's fees incurred as a result.

(Ord. No. 04-41, § 3, 9-8-04; Ord. No. 17-36, § 3, 9-26-17)