§ 3-6-402. AUTHORITY.

(a)

Notice. Reference to the authority of the county to undertake the measures provided under subsection (b) of this section may be included in:

(1)

An injunction or other order for equitable relief issued by a court;

(2)

A final order issued by the Code Official, the Director, or the Hearing Officer;

(3)

The order of the Board of Appeals affirming or modifying the finding of a Hearing Officer; or

(4)

An order to correct a building code violation issued by the Building Engineer.

(b)

Securing compliance. Subject to subsection (a) of this section, the county may procure the performance of the work by county employees or by contract to correct a violation if a property owner fails to comply with an order to correct a violation within the time limited by the order.

(c)

Cost.

(1)

Subject to paragraph (2) of this subsection, the cost and expense of work performed under this section shall be:

(i)

Certified to the Director of Budget and Finance;

(ii)

If applicable, a lien on the property of the owner on which the violation exists in the same manner as taxes; and

(iii)

As applicable, collectible:

(1)

In the manner provided for the collection of real estate taxes; or

(2)

In the same manner as any civil money judgment or debt may be collected.

(2)

The costs and expenses are to be considered benefit charges and may not exceed a reasonable estimate of the special benefit conferred on the property.

(d)

No relief from liability. Work performed by or for the county under this section does not relieve the violator in any way from responsibility or liability for any work performed by the violator or violation committed by the violator.

(e)

Authority to enter property.

(1)

A county employee or contractor authorized by the county may enter on private lands for the purpose of correcting a violation in accordance with an order issued under this section.

(2)

An owner, occupant, or agent may not obstruct, impede, or harass an employee, or contractor or their agents or employees, in the performance of their work under this section.

(1988 Code, § 1-7.1) (Bill No. 39-97, § 1, 6-6-1997; Bill No. 31-99, § 3, 7-1-2004; Bill No. 80-01, § 1, 11-23-2001; Bill No. 70-03, § 43, 7-1-2004; Bill No. 82-06, § 3, 8-24-2006)