§ 13-246.02. Creation of a tax lien.

(a)

There is created a tax lien on real property for monies expended by the County for the demolition, repair, or enclosure of a building, or removal of garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials where the responsible party refuses or fails to comply with the lawful order of the Director after due notice thereof, either actual or constructive or as provided in this Division.

(b)

Following the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this Division, the County may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, with the Director of Finance. The notice of lien shall consist of a sworn statement by the Director setting forth:

(1)

A description of the real estate, such as the address or other description of the property, sufficient for its identification;

(2)

The expenses incurred by the County in undertaking the remedial actions authorized by this Division;

(3)

The date or dates that the expenses were incurred by the Director;

(4)

A statement that the building was open and vacant and constituted an immediate and continuing hazard to the community;

(5)

A statement that the required sign was posted on the building, that notice was sent by certified mail to the owners of record, and that notice was published in accordance with this section; and

(6)

A statement as to when and where the notice was published.

(c)

Upon certification from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes.

(CB-11-1999)