A. Notice To Abate:
1. In the event weeds are allowed to exist on any premises in violation of this chapter, the city shall cause a notice to abate to be placed on the premises by a visible sign; and shall serve a weed and trimming notice either personally on, or by regular mail to, the person whose name and address are listed on the assessor's records. A mailing notice shall be deemed to have commenced to run from the date the notice is mailed. A notice shall be deemed sufficient although the person to whom it is directed refuses delivery or if it is not deliverable.
2. The text of the notice shall contain the date; a brief description of the violation; the address or other description of the property sufficient for identification thereof; and a statement that if the weeds are not abated within five (5) days, the city will provide for the abatement of the weeds, and the costs and expenses related to such abatement, the filing of a lien, and any foreclosure of the lien shall be charged to the person described in subsection A1 of this section.
3. Only one weed and trimming notice shall be required to be sent per property during any one calendar year. In the event any subsequent violation is observed during the same calendar year, the city may proceed as set forth in subsection B of this section without further notice.
B. Abatement By City: Upon the refusal or neglect to comply with the weed and trimming notice within five (5) days of its delivery or mailing, the city shall have the power to enter upon the premises, or to authorize its agent to do so, and abate the weeds. The city may grant a onetime five (5) day extension per calendar year to the compliance deadline established in the weed and trimming notice if requested by the responsible party.
C. Costs And Expenses: The actual costs of abatement of the weeds, eradication of noxious weeds, costs of processing the bill, mailing or serving documents, recording documents, and any other expense shall be billed to the person described in subsection A1 of this section on the assessor's records. A statement for costs shall be served either personally or by regular mail and shall include:
1. A reference to the ordinance violated;
2. Identification of the property where the violation occurred sufficient for the identification thereof;
3. The amount of money representing the costs and expenses incurred or payable for the service;
4. The date or dates when the costs and expenses were incurred by the city; and
5. A statement that if the bill is not paid in full within fifteen (15) days, a late fee will be added to the bill, and the city will prepare and file a lien with the county recorder. (Ord. 2007-6, 11-19-2007)
D. Lien Provisions:
1. If said costs and expenses are not paid within fifteen (15) days of the mailing of the statement, the city may proceed to perfect and enforce a lien upon the real estate as provided by state law in 65 Illinois Compiled Statutes 5/11-20-7 and/or 5/11-20-15, as now in force and hereafter amended. A notice of the lien filed shall be served either personally or by ordinary mail to the person listed on the assessor's records, informing the person that a lien has been filed. (Ord. 2007-6, 11-19-2007; amd. 2016 Code)
2. Upon payment of the costs and expenses and the lien release fee by any person interested in such property after a notice of the lien has been filed, the lien shall be released by the city and filed of record as in the case of filing of the notice of lien.
3. The city may proceed to foreclose the lien as authorized by the statutes of the state of Illinois. The costs of foreclosure incurred by the city, including all court costs, attorney fees, advances to preserve the property, and other costs related to the enforcement of the lien, plus statutory interest where applicable, are a lien on the real estate and are recoverable by the city from the owner of the subject real estate in addition to any rights in the property obtained by the foreclosure procedures under the laws of the state of Illinois.
E. Application To Gardens: A notice to abate shall not be issued for weeds in gardens during the regular growing season. When the city determines that a garden ceases production, all provisions of this section to abate shall be enforced. (Ord. 2007-6, 11-19-2007)