§ 2-55. Recovery of unpaid civil penalties; unpaid penalty to constitute a lien; foreclosure.

(a)

The county may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties imposed under this supplemental code enforcement procedure.

(b)

A certified copy of an order imposing a civil penalty may be recorded in the public records of the county and thereafter shall constitute a lien against the land on which the violation exists or existed; provided that if the violator does not own the land, upon any other real or personal property owned by the violator; and that it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the county may foreclose or otherwise execute on the lien.

(c)

Each and every county lien existing from the delivery of county services, including liens for special assessments, code enforcement, special master orders, and the like, shall be deemed to be prior in dignity to any other lien, including mortgages, irrespective of the date of the recording of the county's lien or the date of the recording of any mortgage or any other lien on real property, and such lien shall survive any action to foreclose such inferior lien whether such inferior lien arises by virtue of a mortgage, a mechanic's lien or other security interest in real property; provided, however, that nothing herein contained shall be construed to be respecting the priority of liens, and where a law or statute specially provides for the priority of liens, the provisions hereof shall be construed to achieve harmony therewith.

(Ord. No. 2004-09, § 10, 7-13-04; Ord. No. 2008-07, 4-1-08)