Sec. 49-85. - Enforcement.
(a) The manager of transportation and infrastructure is authorized to withhold issuance of a building permit, an address or any other required permit until arrangements have been made to the manager's satisfaction that the required street rights-of-way, street construction and street lighting will be provided by the owner of the land to be developed or redeveloped.
(b) If the owner of the land to be developed or redeveloped fails to perform in accordance with the arrangements made, the manager of transportation and infrastructure shall serve notice upon the person having a record interest in the abutting land as to the amount of such costs and expenses, that the manager will at a time and place specified in the notice hold a hearing when and where such persons shall be required to show cause why such amount should not be paid and a lien not placed against the property; provided, that among other things, due cause may consist of a showing that the person having a record interest in the abutting land, acquired such interest on the representation that the value of the land reflected the installation of the improvements required by this article.
(c) If the person fails to show cause as provided, such amount shall constitute a lien against the property abutting the applicable thoroughfare. The manager of transportation and infrastructure shall thereafter pay the cost and expenses from any appropriation made available for that purpose and shall certify a statement thereof to the manager of finance who shall record a notice of such lien with the clerk and recorder. The manager of finance shall assess and charge the same against the property involved, and collect the same due, plus interest thereon, in the manner as are delinquent real property taxes. If the lien remains unsatisfied, the manager of finance shall sell the property involved in the manner prescribed for sales of property for delinquent property taxes. The lien created hereby shall be superior and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and special assessments. In addition to the remedies set forth herein, an action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest, owing under this provision.
(Code 1950, § 343.5; Ord. No. 464-98, § 4, 7-6-98; Ord. No. 775-07, § 78, 12-26-07; Ord. No. 39-20, § 87, 2-3-20)