§ 8-10. Foreclosure of lien by city; assessment of attorney's fees and costs; final decree; priority of city lien.  


Latest version.
  • (a)

    The city attorney may institute foreclosure proceedings to foreclose any lien imposed pursuant to section 8-9 above. The owner of the property against which the lien exists shall be liable to the city for a reasonable attorney's fee to compensate its attorney for services in collecting the amounts due on said lien, together with all costs occasioned in foreclosing said lien, and the same shall be decreed to be a lien upon the lands described and shall be collected at the time and in the manner provided for the collection of the amount evidenced by said lien. The decree rendered in such case for the enforcement and collection and the amount due thereunder shall determine the principal, interest, costs, and attorney's fee to be chargeable against each property so encumbered, which amounts shall constitute a lien against the property described. In foreclosing such liens, the city may pursue and follow any recognized chancery proceeding to enforce liens and any number of assessment liens against the same owner or occupants may be foreclosed in one (1) chancery action.

    (b)

    The lien in favor of the city upon the property for all unpaid services, interests, attorney's fees, and court costs shall have priority over all other liens and encumbrances, except state, county, and municipal taxes, and shall be on a parity with the lien of such state, county, and municipal taxes.

(Ord. No. 78-122, § 1, 8-1-78; Ord. No. 89-186, § 8, 3-20-90)