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 Port Orange
 Code of Ordinances
 Chapter 42. NUISANCES
 Article II. GARBAGE, JUNK AND UNDERGROWTH

  § 42-27. Same—City to clean upon failure of owner; assessment of costs, creation of lien.  

Latest version.

  • (a)

    If the city manager or his designee determines that any property owner has failed to comply with the provisions of section 42-26, the property owner or abutting property owner to a parkage shall be notified by first class United States mail as follows: A written notice of violation of section 42-26 shall be sent to the property owner, or property owner whose real property most closely abuts the parkage, as his name appears in the most recent real property tax rolls available to the city advising that he has ten calendar days to comply with section 42-26.

    (b)

    If compliance is not had, the city may then cause compliance at the expense of the property owner whose property is in violation or abutting property owner when the abutting parkage is in violation.

    (c)

    A lien shall be imposed on the property in violation, or abutting property in the case of a failure to maintain parkage, for the costs incurred by the city in bringing the property or parkage into compliance with section 42-26, plus administrative costs related thereto.

    (d)

    A hearing may be timely requested, generally within three days, in writing to the city manager for review of any determination made in accordance with section 42-26 or this section.

    (e)

    The city manager or his designee is hereby authorized to cause any property or parkage in violation of section 42-26, after notice as provided in subsection (a), to be brought into compliance and to lien the property, or abutting real property in the case of a parkage violation, for the expenses and costs thereof. The city manager or his designee shall make the sole and final administrative determination of the correctness of the lien and the amount thereof.

    (f)

    The costs and expenses, as set forth in subsection (c), shall be due and payable to the city within 20 days of the mailing of the bill to the owner. Such costs shall include any public records ownership search required to determine the name and address of the record owner of the property where there is reason to believe that the name and address appearing on the latest tax roll is inaccurate. If the costs and expenses provided herein are not paid as and when due, any unpaid balance thereof, together with interest at the rate of 12 percent per annum from the due date, shall be a lien on such lot, piece or parcel of property or abutting real property, in the case of a parkage violation. Such lien shall be superior and paramount to the interest in such lands of any owner, lessee, tenant, mortgagee or other person, except the lien of state, county or municipal taxes, and shall be on a parity with lien of such state, county and municipal taxes. If any such cost, expense or charge is not paid as and when due and is in default for 30 days or more, the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs, may be recovered and such liens may be foreclosed by the city in the manner provided by the laws of the state for foreclosure of mortgages or real property.

    (g)

    The procedures set forth in this section shall be cumulative and supplemental to other procedures and penalties for violation of this Code and violations of section 42-26 may be referred to the code enforcement board as provided in this Code.

(Code 1981, § 10-2)