(A) After notice to an owner and/or an occupant as provided in this chapter, the President of the Board of Health may, upon expiration of the time specified in the notice or any extension thereof, take immediate measures for extermination, ratproofing, eradication work, poisoning, trapping, fumigation or other measures necessary to free the building of rats and to maintain it in a ratproof and ratfree condition. The cost and expense incurred in preventing the ingress of rats to the property and rat extermination shall constitute a lien upon the real estate affected, and the Law Department is hereby authorized and directed to file a sworn detailed statement showing the cost and expense incurred by the Board in the office of the County Recorder of Deeds or in the office of the Registrar of Titles, if the property affected is under the Torrens System. The lien shall be superior to all other liens and encumbrances except tax liens, provided that within 60 days after the cost and expense is incurred by the Board, the Law Department files or causes to be a filed a notice of lien. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred and the date or dates when the cost and expense were incurred by the Board.
(B) However, the lien shall not be valid as to any purchaser whose rights in and to the real estate have arisen subsequent to the fine and prior to the filing of the notice, and the lien shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to the real estate arise prior to the filing of the notice. Upon payment of the cost and expense by the owner, occupant or other person interested in the property after the notice of lien has been filed, release of the lien shall be furnished by the Board and the release may be filed of record as in the case of filing a notice of lien.
(Ord. passed 5-21-1979)