§ 223.

SUIT ON WARRANT – PARTIES – TIME LIMITATIONS

At any time after 35 days from the date of the warrant, or if an appeal has been taken to the Supervisors, then at any time after five days from the decision of the Supervisors in such appeal, or after the return of a warrant which has been corrected, altered or modified as herein provided, but not less than 35 days after the date of such last mentioned warrant, the contractor or his assignee may sue the owners of, and all other persons having an interest in or encumbrance upon, the land, lots or portions thereof, affected by the assessment, and recover the amount of any assessment remaining unpaid, with interest thereon at the rate set by the Director from the date of the assessment until paid.

a.

Amount of Recovery. In all cases of recovery under the provisions of this Article the plaintiff shall recover an amount equal to the unpaid assessment and accrued interest. The court may also award costs and reasonable attorney’s fees. The court may award attorney’s fee in addition to all taxable costs, notwithstanding the settlement or tender of settlement of the suit before recovery. The plaintiff shall also be entitled to recover as a cost of suit the expense of a title search or report, and all other necessary expenses of suit.

Said warrant, assessment and diagram shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of said Director and Supervisors, and otherwise, upon which said warrant, assessment and diagram are based, and like evidence of the right of the plaintiff to recover the action.

b.

Evidence-Judgment-Enforcement. The court in which said suit shall be commenced shall have power to adjudge and decree a lien against the lots of land assessed, and to order them to be sold on execution, as in other cases of the sale of real estate by the process of such court, and with like right of redemption within one year of such sale, but not later. In all actions brought to enforce the lien of any assessment made pursuant to the provisions of this Article the proceedings therein shall be governed and regulated by the provisions of this Article and, when not in conflict with this Article, by the Codes of this State.

History

(Amended by Ord. 368-82, App. 7/30/82)

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