§ 23-109. Enforcement; charges; recorded statement; lien.

(a)

Whenever the Director has provided notice to a person and instructed said person to perform corrective action within or adjacent to a public right-of-way, or to perform construction which has been deferred in accordance with the terms of an agreement or covenant, which said person fails to perform within the amount of time specified by the Director, the Director may cause the necessary corrective action or construction to be made at County expense and initiate the procedure for reimbursement of the cost as set forth herein.

(b)

When the County has effected the removal of a hazard, or taken necessary corrective action to correct a problem within or adjacent to a public right-of-way, or has paid for said removal or corrective action, or has performed construction which was the responsibility of the permittee, adjacent property owner, or another responsible person, the actual cost thereof, if not paid by the permittee, owner, or person within thirty (30) days, shall be collected by initiating one or more of the following courses of action:

(1)

The recordation of a statement from the Director creating a lien against the adjacent property to be collected through a supplemental tax bill where the owner is responsible; or

(2)

Action against any bonds posted by the responsible party where the permittee is responsible; or

(3)

Legal action, including action for injunction relief, in a court of competent jurisdiction.

(c)

Where the full amount due the County is not paid by such owner within thirty (30) days after notice of the charges for the removal of a hazard or correction of a problem, the Director shall cause to be recorded with the Office of Finance for Prince George's County a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which, or adjacent to which, said work was done. The sworn statement shall be available for public inspection. Recordation of such a statement shall constitute a lien on the subject property, and the amount of such lien shall be collected in the same manner as the County tax on real property.

(CB-98-1989)