If before or at the hearing the amount
of the claim and the auditor's and sheriff's fees are paid to the
county treasurer, he or she shall deliver to the auditor a
duplicate receipt of the payment and the auditor shall cancel the
lien and notify the county commissioners thereof. The treasurer
shall pay the funds to the persons entitled thereto as appears
from the records in the auditor's office.
If payment is not made, the auditor shall present to the
board of county commissioners a verified copy of the record and
claim, which shall be accepted in any proceeding as prima facie
evidence of the truth of the contents thereof. The board shall
receive and consider the record and claim and all sworn testimony
offered, and shall enter an order fixing the amount of the claim
and costs, and direct the amount paid from the current expense
fund, and the auditor shall draw warrants therefor. The auditor
shall record the order in his or her office as other lien claims
and it shall be a lien against the premises in favor of the
county, and shall bear interest at six percent per year from the
date of the order.
[2010 c 8 § 6012; 1961 c 11 § 15.08.150. Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]