11-1352 Requiring Completion or Demolition for Incomplete Structures

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expeditious and workmanlike manner in accordance with the requirements of the City Code, Florida Building Code and all other applicable codes and accepted engineering practice standards. 8. Recovery of costs and fines. a. Costs and fines assessed to owner. Whenever a building or structure is removed or demolished in accordance with the provisions of this code and the cost of such removal or demolition is borne by the City, such cost shall be assessed to the owner of the affected land or premises and shall become a lien against such land or premises as provided in this article. The cost of repair or demolition shall include not only the costs directly attributable to the repair or demolition of the building or structure, but shall also include the cost incurred in searching the public records to determine the record owners and legally interested parties, as well as any reasonable attorneys' fees and court costs incurred in the administrative enforcement of this Section and /or any legal proceeding arising from the City's abatement under this Section, whether brought by the City, property owner or any other legally interested party, and where the City is the prevailing party in such actions. b. Building Official to certify costs. The Building Official shall certify the costs borne_ by the City, as described above, and shall serve such cost certification upon the property owner by certified mail return receipt requested. This cost certification is a demand for payment from the property owner. c. Right to hearing if cost and charges excessive. Prior to the expiration of fifteen (15) days from the property owner's receipt of the Building Official's cost certification, the property owner shall have the right to appeal the Building Official's cost certification and request a hearing before the Code Enforcement Board to show cause, if any, why the costs and charges incurred by the City under this section are excessive or unwarranted provided that nothing contained in this section is to be construed to disturb or permit a review of the order by the Code Enforcement Board issued under subsection 4.b above. Failure of the property owner to seek an appeal of the Building Official's cost certification, as described in this division, shall constitute a waiver by the property owner, and shall cause the cost certification to be final. d. Lien created. If the owner fails to make payment within fifteen (15) days from the expiration of the appeal period, or from the date of any Order entered by the City Code Enforcement Board under subsection (c) above, the amount of the certified costs shall be assessed by the Building Official or by the Order of the Code Enforcement Board against the affected land and such assessment shall create and constitute a lien against such land, payable to the Citv. Said assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the assessment and shall be collectible in the same manner as liens for taxes and with the same attorneys' fees, penalties for default in payment, and under the same provisions as to sale and forfeiture. Collection of such assessments, with such interest and with a reasonable attorney's fee, may also be made by the City Commission by proceedings in a court of competent jurisdiction to foreclose the lien of the assessment in the manner in which a lien for mortgages is foreclosed under the laws of the State and it shall be lawful to join in any complaint for foreclosure any one (1) or more lots or parcels of land, by whomever owned, if assessed under the provisions of this section, Property subject to Ordinance 11 -1352 Page 5