§ 26-292. Abatement of violations.

(a)

The code official shall be permitted to bring an action with the city administrative hearing officer or in the court of jurisdiction to abate or enjoin a violation of an order contained in a notice of violation.

(b)

The code official shall be permitted to seek a preliminary injunction or other temporary relief appropriate to remove a danger when any uncorrected violation creates an imminent danger to the health and safety of an occupant of a structure.

(c)

The city administrative hearing officer or the court, having obtained jurisdiction, shall make such orders and determinations as are consistent with the objectives of this code. The court may enjoin the maintenance of any unsafe, unhealthy or unsanitary condition, or any violation of this article and may order repairs or corrections necessary to abate the conditions. The court may authorize the code official to make repairs at the expense of the owner.

(d)

When the expense of repairs is not otherwise provided for, the city administrative hearing officer or the court may enter an order approving the expenses and providing that there shall be a lien on the real property for the payment thereof. The order may establish the priority of the lien and may provide that it shall be a lien senior to all other liens, except taxes and assessments; except that a mortgage of record having a recording date prior to all other liens of record shall retain its first priority if, at the time of recording of such mortgage or at any time subsequent thereto, a certificate of compliance is in effect for the subject property. The order may also specify the time and manner for foreclosure on the lien if not satisfied. A true copy of the order shall be filed in the office of the register of deeds for the county.

(Code 1970, § 24-13; Ord. No. 2015-2 , 4-6-15)