§ 16-11. Collection of city's costs.

After reasonable efforts have been made to collect from the owner of the subject real property the costs and expenses incurred by the city in abating the conditions set out in the original order or notice, including any order issued pursuant to section 16-2, the accounts shall be transferred to the office of the city clerk. The city clerk shall make an investigation as to the residence of the owner of the subject property and shall make an affidavit setting out facts as to the owner's address, last-known address, whether or not the owner is a resident or nonresident of the state and, if the owner is a nonresident, setting out the facts as to the unknown address or whereabouts of the nonresident owner. The city clerk may then refer such account, with the affidavit, to the qualified and licensed attorneys at law contracted to provide legal services pursuant to sections 2-111—2-113 of this Code for the purpose of filing an action in chancery court to enforce the lien on the subject property. Before any such lien is enforced by sale of the subject property, all legal notices that are required by the laws of the state shall be given, including, in the case of nonresidents, notice by publication of warning order and notice by attorney ad litem to any nonresident landowner by registered mail addressed to the landowner's last-known place of residence if same can be found. Additionally, the amount of the lien may be determined at a hearing before the board of directors after thirty (30) days' written notice by certified mail to the owner of the property if the name and whereabouts of the owner are known. If the name of the owner cannot be determined, then the amount will be determined only after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks. The determination of the board of directors is subject to appeal by the property owner in the chancery court. The amount so determined at the hearing, plus ten (10) percent penalty for collection, shall be certified by the board of directors to the tax collector of the county and placed by the tax collector on the tax books as delinquent taxes, and collected accordingly. The amount, less three (3) percent thereof, when so collected shall be paid to the city by the county tax collector.

(Code 1976, § 18-11; Ord. No. 57-95, § 1, 8-15-95; Ord. No. 3-02, § 5, 1-22-02)