Ordinance 98-21 - Laserfiche WebLink

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judgment is rendered in a suit to foreclose a lien filed pursuant to this Chapter, whichever occurs first. After three (3) months from the date of filings of any such lien which remains unpaid, the City may foreclose or otherwise execute the lien. (C) No lien provided under this Ordinance shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Sec. 12. Appeals of Order. (A) An aggrieved party, including the City, may appeal a final order of a Special Master to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Master. An appeal shall be filed within thirty (30) calendar days of the issuance of the order sought to be overturned. Failure to make such appeal within the prescribed thirty (30)-day period shall render the findings of the Special Master conclusive, binding and final. (B) Unless the findings of the Special Master are overturned in a proceeding held pursuant to Section 14(A) of this Ordinance, findings of the Special Master shall be admissible in any proceeding to collect unpaid penalties. (C) No aggrieved party other than the City may apply to the court for relief unless such party has first exhausted the remedies provided for in this Ordinance and has taken all available steps provided in this Ordinance. It is the intention of the City that all steps provided by this Ordinance shall be taken before any application is made to the court for relief; and no application shall be made by any aggrieved party other than the City to a court for relief except from an order issued by a Special Master pursuant to this Chapter. It is the intention of the City that, notwithstanding anything to this Ordinance to the contrary, the City shall retain all rights and remedies otherwise available to it to secure compliance with or prevent violations of the Code. For purposes of an appeal, the Clerk shall make available, for public inspection and copying, the record upon which each final order of a Special Master is based. The Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the circuit court for making certified copies of any record or portion thereof. Sec. 13. Provisions Contained Herein are Supplemental. -10-