§ 11.14.030. Civil penalties and lien.  


Latest version.
  • (a) Any violation of this chapter is a strict liability offense. Every day not tolled, as provided by this chapter, that a violation of failure to rehabilitate continues shall constitute a separate and distinct offense for which a civil penalty shall be assessed against the property, in rem, of one thousand dollars. Failure to respond or present acceptable notification of a responsible contact person, as provided at Section 11.14.040, shall constitute a non-continuing offense for which a civil penalty shall be assessed against the property, in rem, of one thousand dollars.

    (b)

    Until paid, the cumulative penalties assessed shall constitute a perpetual lien against the property of priority from the time of recording of a notice of lien. Except as otherwise required by law, the lien shall not be extinguished by the sale of the property on account of nonpayment of any other lien, claim or title. After recording, the lien shall continue to accrue until it has been demonstrated to the county that the property has been rehabilitated, after which the county shall record an amendment terminating further accrual. The county shall record a release of lien upon its satisfaction. The lien may be foreclosed by a suit in district court against the property upon such terms, and with such notice, as the court deems just. The lien is not effective until the notice of lien is recorded by the county recorder and mailed to the last known owner at his last known address according to the real property records of the county recorder and any responsible contact person for whom the county has been provided acceptable notification.

    (c)

    In consideration of rehabilitation, though delayed, or such other factors it deems appropriate, the board of county commissioners may waive any civil penalties, or part thereof.

(Ord. No. 3862, § 1, 5-18-2010; Ord. No. 3876, § 1, 6-15-2010)