§ 8-453. Repair, removal or demolition by public officer.  


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  • (a)

    If the owner fails to comply within the allotted time period, an order will be issued under this division to repair, alter, or improve or to vacate and close a structure to be repaired, altered or improved, or to be vacated and closed. If the owner fails to comply with an order to remove or demolish the structure, the public officer may cause such structure to be removed or demolished.

    (b)

    The amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred, and such lien, including, as a part thereof, allowance of costs and the necessary attorney's fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located. The unified government clerk shall, at the time of certifying other unified government taxes, certify the unpaid portion of the aforesaid costs, and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land. If the structure is removed or demolished by the public officer, the public officer shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and, if there is any balance remaining, it shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the public officer, after deducting the costs of such judicial proceedings, including the necessary attorney's fees incurred therein, as determined by the court.

(Code 1964, § 21-37; Code 1988, § 8-354; Ord. No. 41302, § 5.5, 11-7-1957; Ord. No. 45018, § 47, 7-13-1965; Ord. No. 51745, § 9, 3-20-1973)