(A) If the owner or person in control of any private premises refuses or neglects to remove litter from said premises within ten days after receiving written notice from the village, the village may have such litter removed and collected from such owner or person in control of said premises at the reasonable cost thereof. This cost shall be a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and expense is incurred by the village, or person performing the service by authority of the village, in his, her, or its name, files a notice of lien in the office of the Recorder in the county in which such real estate is located. The notice shall consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred or payable for the service; and
(3) The date or dates when such cost and expense was incurred by the village.
(B) However, the lien of the village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the litter and prior to the filing of such notice, and the lien of the village shall not be valid as to any mortgagee, judgment creditor, or other lien or whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner or person in control of such premises after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing the notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics’ liens.
(2016 Code, § 15.109) Penalty, see § 50.99