Section 27-2146. Validity of lien; grounds for challenge  


Latest version.
  • a.  In  any
      proceedings to enforce or discharge the lien, the validity of  the  lien
      shall not be subject to challenge based on:
        (1) The lawfulness of the repair or other work done; or
        (2)  The  propriety  and  accuracy  of the expense for which a lien is
      claimed, except as provided in this section.
        b. No challenge may be made except by (1) the owner of  the  property,
      or  (2)  a mortgagee or lienor whose mortgage or lien would, but for the
      provisions of section 27-2144 of this article, have  priority  over  the
      department's lien.
        c.  An  issue  specified  in subdivision a which was decided, or could
      have been contested, in a prior court proceeding to secure a court order
      to repair under article  five  of  this  subchapter  or  to  secure  the
      appointment  or  the  discharge  of a receiver under article six of this
      subchapter, shall not be open to reexamination, but if any mortgagee  or
      lienor  entitled  to  notice of such prior proceeding was not served and
      did not appear therein, his or her mortgage or lien shall have  priority
      over  the  lien  of  the  department. In addition to this limitation, an
      owner who has been served with a statement pursuant to  section  27-2129
      of  article  five  of this subchapter, or his successor in interest, may
      not subsequently contest the expense contained therein unless such owner
      or successor in interest notified the department in writing  of  his  or
      her  objection  to the statement of account in the manner and within the
      time period  provided  in  section  27-2129  of  article  five  of  this
      subchapter.
        d.  With  respect to any issue specified in subdivision a which is not
      subject to subdivision c, the statement of the department made  pursuant
      to  section 27-2145 of this article shall be presumptive evidence of the
      facts stated therein.