99-928 Repealing Sections 2-146 through 2-156

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FILE MUM 2002995131 OR BOOK 04638 {WAGE 1727 (e) A certified copy of an order imposing a fine may be recorded in the public records of the county and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including the levy against personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this Section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this Section, whichever occurs first. A lien arising from a fine imposed pursuant to this Section runs in favor of the City, and the City may execute a satisfaction or release of lien entered pursuant to this Section. (f) After three months from the filing of any such lien which remains unpaid, the Code Enforcement Board may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this Section may be foreclosed on real property which is a homestead under section 4 of article X of the state Constitution. Section 2-154 Duration of Lien. No lien provided for under this Section shall continue for a period in excess of 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 2-155 Appeals An aggrieved party, including the City, may appeal a final administrative order of the Code Enforcement Board to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Code Enforcement Board. An appeal shall be filed within 30 days of the execution of the order to be appealed. Section 2-156 Notices. (a) All notices required in this Division shall be provided to the alleged violator by certified mail, return receipt requested, by hand delivery by a sheriff or a Ordinance Nolqq .— 9�-0 Page 7 of 9