§ 8-163. Authority to file suit.  


Latest version.
  • If the owner, mortgagee, or lien holder fails to comply with the ordered actions of the city within the time provided for in this article, the city's legal representative may file suit on the proper court against the owner, lien holder or mortgage to compel such owner, mortgagee or lien holder to comply with the order of the city and to vacate, repair, secure, remove, or demolish the building, or relocate its occupants in accordance with the city's order. The city's legal representative may also file suit in the proper court for injunction against the owner, lien holder or mortgagee who shall violate or threaten to violate any of the provisions of this article in order to prevent a continued violation or threatened violation, to recover any expenses incurred by the city in vacating, securing, repairing, removing, or demolishing a building or relocating its occupants. The city's legal representative may also file suit in the proper court to recover any civil penalties and attorney's fees and court costs. If at any time, any owner, lien holder or mortgagee cannot be located to carry out the city's order, the city's legal representative may file suit in the proper court against the owner, mortgagee or lien holder prior to the city undertaking to vacate, repair, secure, remove, or demolish a dangerous building or relocate the occupants of the dangerous building. When necessary, the city's legal representative may file notices of lis pendens.

(Ord. No. 04-23, § 1, 7-21-2004)