§ 13-38. Lien on property for costs.

(a)

The amount of the cost of repair, alteration or improvement, or the cost of vacation and closing, or the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the tax commissioner, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition and reasonable attorney's fees of the city, shall be a lien against the real property upon which such cost was incurred.

(b)

The lien provided for herein shall attach to the real property upon the filing of a certified copy of the order requiring the property to be repaired, altered or improved, or to be vacated and/or closed or demolished, in the Office of the Clerk of the Superior Court of Laurens County, Georgia, and shall relate back to the filing of the lis pendens notice required under O.C.G.A. § 41-2-12(g). The clerk of superior court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. After filing a certified copy of the order with the clerk of the superior court, the public officer shall forward a copy of the order and a final statement of cost to the county tax commissioner. It shall be the duty of the county tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and to collect the amount of lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically O.C.G.A. Chapter 4 of Title 48; provided however, that the limitation of O.C.G.A. § 48-4-78 which requires twelve (12) months of delinquency before commencing a tax foreclosure shall not apply. The tax commissioner shall remit the amount collected to the City of Dublin. Thirty (30) days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real or property ad valorem taxes.

(c)

Upon final determination of costs, fees and expenses incurred in accordance with this chapter, the public officer responsible for enforcement actions in accordance with this chapter shall transmit to the appropriate county tax commissioner or municipality tax collector or city revenue officer a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within ninety (90) days of the completion of the repairs, demolition or closure. It shall be the duty of the appropriate county tax commissioner or municipal tax collector or city revenue officer, who is responsible or whose duties include the collection of municipal taxes to collect the amount of the lien, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48 of O.C.G.A.; provided, however, that the limitation of O.C.G.A. § 48-4-78, which requires twelve (12) months of delinquency before commencing a tax foreclosure shall not apply. The county tax commissioner shall collect and enforce municipal liens imposed pursuant to this chapter in accordance with O.C.G.A. § 48-5-359.1. The county tax commissioner or municipal tax collector or city revenue officer shall remit the amount collected to the governing authority of the county or municipality whose lien is being collected.

(d)

The enforcement of liens pursuant to this Code section may be initiated at any time following receipt by the county tax commissioner or municipal tax collector or city revenue officer of the final determination of costs in accordance with this chapter. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to O.C.G.A. § 48-4-78 for delinquent ad valorem taxes may include all amounts due under this chapter.

(e)

The redemption amount in any enforcement proceeding to this section shall be the full amount of the costs as finally determined in accordance with this Code section, together with interest, penalties and costs incurred by the governing authority, county tax commissioner, municipal tax collector, or city revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of O.C.G.A. §§ 48-4-80 and 48-4-81.

(f)

If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials.

(g)

The City of Dublin may waive and release any such lien imposed on the property upon the owner of such property entering into a contract with the City of Dublin agreeing to a timetable for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation.

(Ord. No. 03-32, 11-20-2003; Ord. No. 04-14, 8-5-2004)