AI-assisted research summary: If a property owner does not abate a nuisance in time, the city council may authorize abatement, then calculate costs, notify the owner, hold a hearing, and assess the costs as a nuisance lien.
(a) If the owner fails, neglects, or refuses to abate the nuisance within the time period required pursuant to Section 45-49A-84.02, the city council may authorize city employees or contractors to enter upon the property and abate the nuisance. If a person has appealed the determination of the administrative official pursuant to Section 45-49A-84.03, the city may not authorize employees or contractors to abate the nuisance until a final determination or judgment is made by the circuit court. (b) Upon completion of the abatement work by city employees or contractors, the enforcing official shall compute the expenses of the city for the abatement of the nuisance, including the cost of labor, value of the use of equipment, advertising costs, postage costs, administrative expenses, legal expenses, and materials purchased. The enforcement officer shall deliver by first class U.S. mail an itemized statement of the costs to the last known address of the owner of the property. This notice shall be sent at least five days before the city council considers the assessment of the cost against the property at the hearing pursuant to subsection (c). (c) The city council shall establish a time for a hearing regarding the itemized statement created pursuant to subsection (b). The city council shall receive and consider the itemized statement during the hearing together with any objections raised by the owner of the property. The city council may make modifications to the statement as deemed necessary and may pass a resolution to assess the cost to the owner. The cost stated in the resolution shall constitute a lien on the property and shall be referred to as a nuisance lien on the property. A nuisance lien established pursuant to this part is subject to and subordinate to any mortgage or security interest recorded before the recordation of the nuisance lien. (d) The city council shall provide a copy of the resolution to the county tax collecting official. The county tax collecting official shall add the costs of the nuisance lien to the next regular bill for taxes levied against the property subject to the nuisance lien, and the costs shall be collected and remitted to the city at the same time and in the same manner as ordinary municipal ad valorem taxes are collected. The nuisance lien should be subject to the same penalties and the same procedure under foreclosure and sale, if delinquent, as ad valorem taxes. If foreclosure and sale is due to a nuisance lien, the city shall reimburse the county tax collecting official for all costs associated with the foreclosure and sale unless costs are collected at the time of sale. (e) The municipal clerk may also file a certified copy of the resolution showing the nuisance lien with the office of the judge of probate.