ORDINANCE NO. __2006-08_
AN ORDINACE TO PROVIDE FOR THE DEMOLITION OR REPAIR OF UNSAFE STRUCTURES WHICH BECOME A PUBLIC NUISANCE AND TO COLLECT AN ASSESMENT LEIN ON SUCH PROPERTY
BE IT ORDAINED, by
the Mayor and Town Council of the Town of
SECTION I:
INTENT
It is the intent of this ordinance to authorize the Town of Cedar Bluff, it agents or representatives to proceed with the demolition or repair any structure within the Town Limits based on certain findings and procedures outlined herein and to set out a method for collecting the assessment liens so imposed.
SECTION II:
PROCEDURE
(A) Whenever the appropriate Town official, as defined herein, shall find that any building, structure, part of building or structure, party wall, or foundation situated in the Town is unsafe to the extent that it is a public nuisance, the official shall give the person or persons, firm, association, or corporation notice to remedy the unsafe condition of the building or structure by certified or registered mail to owners at the address of the property and/or at the owners last known address. A copy of all notices, orders, and other communications required by this ordinance shall be given to the owner of the property or to the owner of an interest in the property, or to the person last assessing the property for state taxes. Notice shall also be given to all mortgagees of record by certified or registered mail to the address set forth in the mortgage, or if no address for the mortgagee is set forth in the mortgage, to the address determined to be the correct address by the person responsible for the notice or other communication.
(B) The term “appropriate town official,” as used in this ordinance, shall mean the Building Inspector or other town employee designated by the Mayor as the person to exercise the authority and perform the duties delegated herein
(C) The notice shall set forth in detail the basis for the appropriate town official’s finding and shall direct the owner to take either of the following actions:
(1) In the case where repair is required, accomplish the specified repairs or improvements within 45 days of the making of the notice and shall be subject to the town’s approval
(2) In the case
where demolition is required, demolish the structure within 45 days of the
notice. The notice shall also state that in the event the owner does not comply
within the time specified herein, the repairs or demolition shall be
accomplished by the Town of
(3) The mailing of the notice, properly addressed and postage prepaid shall constitute notice as required herein. Notice of the order, or a copy thereof, shall, within three days of the date of mailing, also posted at or within three (3) feet of an entrance to the building or structure, provided that if there is no entrance the notice may be posted at any location upon the building or structure.
(4) If the owner of
any property cited hereunder fails to comply with the notice prescribed, the Town
of
(a) In the case of where repair is required,
repair the building at the expense of the Town of
(b) The case where demolition is required, demolish the building at the expense of the Town of Cedar Bluff and assess the expenses of the demolition on the land on which the building stands or to which it is attached. The term “assessment” as used in this ordinance shall refer to the cost of repair or demolition as provided herein.
(5) Within 30 days
from the date the notice is given, any person, firm or corporation having an
interest in the building or structure may file a written request for a hearing
before the Town Council, together with that person’s objections to the finding
by the town official that the building or structure is unsafe to the extent of
becoming a public nuisance. The filing of the request shall hold in abeyance
any action on the finding by the town official until determination thereon is
made by the Town Council Upon holding the hearing, which shall be held not less
than five (5) days nor more than thirty (30) days after the request is made, or
in the event no hearing is timely requested, after the expiration of 30 days
from the date the notice is given, the Town Council shall determine whether or
not the building or structure is unsafe to the extent that it is a public nuisance.
In the event it is determined by the Town Council that the building or
structure is unsafe to the extent that it is a public nuisance, the Town
Council may order the building or structure be repaired or demolished as the
case may be. The repairs or demolition may be accomplished by the Town of
(6) Any person aggrieved by the decision of the Town Council at the said hearing may, within 10 days thereafter, appeal to the Circuit Court of Cherokee County, Alabama upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount approved by the Circuit Clerk. Upon filing of the notice of appeal and approval of the bond, the Circuit Clerk of the court shall serve a copy of the notice of appeal on the Town Clerk of the Town and the appeal shall be docketed in the court, and shall be a preferred case therein. The Clerk of the Town of Cedar Bluff shall, upon receiving the notice, file with the clerk of the court a copy of the finding and determination of the governing body in proceedings and trials shall be held without jury upon the determination of the Town Council that the building or structure is unsafe to the extent that it is a public nuisance.
(7) Upon demolition or repair of the building or structure, the building inspector shall make a report to the governing body of the cost thereof, and the Town Council shall adopt a resolution fixing the costs which it finds were reasonably incurred in the demolition or repair and assessing the same against the property; provided, however, the proceeds of any moneys received from the sale of salvaged materials from the building or structure shall be used or applied against the cost of the demolition; and provided further, that any person, firm or corporation having an interest in the property may be heard at the meeting as to any objection he or she may have to the setting of the cost is to be considered by first-class mail to all entities having an interest in the property whose address and interest is determined from the tax assessors records on the property or as otherwise known to the clerk, The setting of the cost by the Town Council shall constitute an assessment against the lot or lots, parcel, or parcels of land upon which the building or structures was located, and as made and confirmed shall constitute a lien on the property for the amount of the assessment (“the final assessment”). The lien shall be superior to all other liens on the property except liens for taxes, and except for mortgages recorded prior to the creation of the lien for assessments, and shall continue in force until paid. A certified copy of the resolution selling the final assessment shall also be recorded in the office of the Judge of Probate of Cherokee County.
(8) The Town of Cedar Bluff shall have the power to assess the cost authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes, and where such an assessment is made against the lot or lots, parcel or parcels of land, and subsequent redemption thereof by any person authorized to redeem, or sale thereof by the State, shall not operate or discharge, or in any manner affect the lien of the Town for the assessment, but any redemptioner or purchaser at any sale by the State of any lot or lots, parcel, or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale of the State for the nonpayment of taxes, shall take the same, subject to the assessment.
(9) The Town of
Cedar Bluff, in ordering any repair or demolition the cost of which or any part
thereof is to be assessed against any property in accordance with the
provisions of this ordinance, may provide that the same shall be paid in cash
within 30 days after the final assessment; provided, however, that if the
assessed amount is greater than ten thousand dollars ($10,000), property owner
may, at his or her election, to be expressed by notifying the Building
Inspector or other designated official charged with the duty of collecting the
assessments in writing within 30 days after the final assessment is determined,
pay the final assessment in 10 equal annual installments, which shall bear
interest at a rate of twelve percent (12%) per annum. Interest shall begin to
accrue upon the expiration of thirty days from the date on which the final assessment
is set by the Town Council and the interest shall be due and payable at the
time and place so set. Anyone who elects to make installment payments may pay
the outstanding balance of the final assessment together with all accrued
interest thereon at any time during the installment payment schedule. The first
installment shall be payable within 30 days after the final assessment is
determined, and all installments thereafter shall be payable at the office of
the Town Clerk of the Town of
(10)
If the property owner fails to pay the assessment lien within thirty days, or
having elected to make installment payments, fails to make any installment
payment when due and payable, and the Building Inspector or other designated
officer of the Town of Cedar Bluff authorized to sell the property against
which the assessment lien is made to the highest bidder for cash, but in no
event less than the amount of the lien plus interest through the date of
default. Prior to the sale, notice shall be given by publication once a week
for three consecutive weeks in a newspaper published in the Town of
(11) (a) Any property owner, not withstanding his or her default, may pay the assessment lien with interest and all cost if tendered before the sale of the property.
(b) The cost of any notice and sale resulting from a default on paying an assessment shall constitute a charge against the property to be sold and shall be retained out of the proceeds of the sale.
(c) The person or
persons making the sale shall execute a deed to the purchaser, which shall
convey all rights, title, and interest, which the party against whose property
the assessment was made, had or held in the property at the date of making the
assessment or on the date of making the sale. Any surplus arising from the sale
shall be paid to the Town Clerk to be kept as a separate fund by the clerk for
the owner upon the responsibility of his or her official bond. The Town of
(d) No mistake in the sale, in the description of the property or in the name of the owner shall vitiate the assessment or the lien and if for any reason, the sale made by the Town is ineffectual to pass title, it shall operate as an assignment in the lien, and upon the request of the purchaser, supplemental proceedings of the same general character as required in this ordinance may be had to correct the errors in the proceedings for his or her benefit or the lien so assigned to him or her may be enforced by civil action.
(12) (a) Any real property heretofore or hereafter sold for the satisfaction of an assessment lien imposed thereon by the Town of Cedar Bluff may be redeemed by the former owner, or her assigns, or other persons authorized to redeem property sold for taxes by the State, within two years from the date of the sale by depositing with the officer designed by the Town to collect the assessments the amount of money for which the lands are sold, with interest thereon at the rate of twelve percent (12%) per annum from the date of the sale through the date of payment.
(b) In addition to any other requirements set forth in this ordinance, the proposed redemptioner must pay or tender the purchaser or his transferee all insurance premiums paid or owed by the purchaser with accrued interest on the payments computed from the premiums were paid at twelve percent (12%) per annum through the date of payment
(c) In addition to any other requirements set forth in this ordinance, the proposed redemptioner must pay or tender to the purchaser or his transferee the value of all permanent improvements made on the property determined in accordance with this subsection. As used herein “permanent improvements” shall include, but shall not be limited to, all repairs, improvements and equipment attached to the property as fixtures. The proposed redemptioner shall make written demand upon the purchaser of a statement of the value of all permanent improvements made on the property since the assessment sale. In response to written demand made pursuant to this subsection, the purchaser shall within 10 days from the receipt of the demand, furnish the proposed redemptioner with the amount claimed as the value of the permanent improvements, and within 10 days after receipt of the response, the proposed redemptioner disagreeing therewith, shall appoint a referee to ascertain the value of the permanent improvements. The proposed redemptioner either shall in writing (1) notify the purchaser of his or her disagreement as to the value; and (2) inform the purchaser of the name of the referee appointed by him or her. Within ten (10) days after receipt of the notice, the purchaser shall appoint a referee to ascertain the value of the permanent improvements and advise the proposed redemptioner of the name of the appointee. The two referees shall, within ten days after the purchaser has appointed his or her referee, meet and confer upon the award to be made by them, if they cannot agree, the referees shall at once appoint an umpire, and the award by the majority of the body shall be made within ten days after the appointment of the umpire and shall be final between the parties.
(d) If the proposed redemptioner fails or refuses to nominate a referee as provided herein he or she shall pay the value placed upon the improvements by the purchaser. If the purchaser refuses or fails to appoint a referee, as provided herein, the purchaser shall forfeit his or her claim to compensation for the improvements. The failure of the referees to act or to appoint an umpire shall not operate to impair or forfeit the right of either the proposed redemptioner or purchaser of the premises. In the event of failure without fault of the parties to affect an award, the appropriate court shall proceed to ascertain the true value of the permanent improvements and enforce the redemption accordingly.
(e) In addition to all other payments provided hereunder, the proposed redemptioner shall also pay interest to the purchaser on the value of all permanent improvements computed from the date the improvements were made at the rate of twelve percent (12%) per annum through the date of the payment
(f) The fixed two-year period of redemption allowed under this ordinance for the redemption of any property heretofore or hereafter sold for the satisfaction of any assessment lien may be extended to a date 60 days after the date of the certificate of warning to redeem provided for in Section 13 of this ordinance, but in no event for a longer period than six years from the date of such sale.
(13) At any time after an assessment sale deed has been recorded in The Office of the Judge of Probate of Cherokee County and after expiration of the fixed two-year period of redemption allowed by Section 12(a) of this ordinance, any person may apply to the Judge of Probate for the certificate of warning to redeem, which references the recorded volume and page number of the deed to be recorded in the real estate records, in substantially the following form;
“I
hereby certify that on or prior to the date of this certificate, I mailed a
certified letter copy of the deed here recorded, together with notice that the
same is hereby recorded, and a warning to redeem to each of the one or more
persons other than the grantee in said deed, to whom the property therein
described was last finally assessed for ad valorem
taxation at the address of each such person as shown by said ad valorem tax assessment records.”
Done
this _______ day of , 2
_______________________
Judge of
Probate
(14) At the time of application for entry of the certificate of warning to redeem, the applicant shall deliver to the Judge of Probate three certified copies of the recorded deed and shall pay to the Judge of Probate a fee of one dollar ($1.00). Copies of the deed need not include any certification of acknowledgement. The applicant shall also deliver to the Judge of Probate a certified copy of the ad valorem assessment records of the county containing the name of the person or persons other than the grantee in the deed to whom the property described in the deed was last and finally assessed for ad valorem taxation, together with the address of each person as shown by the tax assessment records, or an affidavit that there is no on else. The Judge of Probate shall promptly mail to each person at such address one of the aforementioned certified copies of the deed, together with an attached warning to redeem in substantially the following form:
“Take notice
that there is recorded in my office in Deed Book ____at page____ a deed of
which the attached is a correct copy. You are warned that unless you, or those
claiming under you, take prompt steps to redeem from those claiming under the
deed, all rights of redemption may be lost
Done
this _____ day of ___, 2______
_________________________
Judge of Probate
Promptly upon or after mailing the notice or notices and certified copies of the deed, it shall be the duty of the Judge of Probate to record in the real estate records the signed and dated certificate of warning substantially prescribed by Section 14(13) of this Ordinance. At the expiration of 60 days after the date of the certificate all rights to redeem from the sale shown by the deed shall cease and desist.
Redemption may be effected after expiration of the fixed two-year period redemption allowed or provided by Section 12(a) of this ordinance and before the extended period of redemption has expired in the same manner and at the same redemption price as provided in Section 12 of this ordinance, provided, that if the Judge of Probate has made the certificate of warning to redeem as provided herein, said redemption shall be increased by one dollar ($1.00).
SECTION
IIl: EMERGENCY PROCEEDURES
Notwithstanding any other provisions of this ordinance, the Town of Cedar Bluff shall have the authority to enact, and may, by ordinance, authorize the building inspector or other authorized official so designated to initiate immediate repair or demolition of a building structure when, in the opinion of the officials so designated such emergency action is required due to imminent danger of structural collapse endangering adjourning property, the public rights of way, human life or health The cost of the emergency action shall be assessed as provided in any other property included herein.
SECTION IV:
APPLICATION
The provisions of this ordinance shall also apply to all assessments liens for demolition or renovations of record as of the effective date of this ordinance.
SECTION V:
SEVERABILITY
Should any section, subsection, paragraph or other part or portion of this ordinance be declared void or unconstitutional by any court of competent jurisdiction it shall not affect the enforceability of the remaining portions of this ordinance.
SECTION VI:
EFFECTIVE DATE
This ordinance shall become
effective upon approval by the Mayor and Town Council of the Town of
PASSED AND ADOPTED THIS _8_ DAY OF _May__. 2006.
_MARTHA BAKER________________
MAYOR
(S.E.A.L.)
ATTEST:
___ DeLANA MARTIN___________
TOWN CLERK