(A) If a bill sent pursuant to § 164.61 of this chapter is not paid in full within 30 days of the date of the bill, the city shall have the authority to file and record a lien against the property, pursuant to § 11-20-15 of the Illinois Municipal Code, 65 ILCS 5/11-20-15. If, for any one property, the city engaged in any nuisance abatement activity described in § 164.60 of this chapter on more than one occasion during the course of one year, the city may combine any or all of the costs of those activities into a single notice of lien.
(B) The lien must be filed in accordance with the lien procedure established by the specific code provision of which the property is alleged to be in violation or, if no such procedure exists, then the following procedure shall apply.
(1) Notice of lien.
(a) The city or the person performing the service by authority of the city, in its, his or her own name, may file a notice of lien in the office of the Recorder of Deeds in the county in which the real estate is located. The notice of lien shall be filed within one year after the cost and expense is incurred. If, for any one property, the city engaged in any nuisance abatement activity described in § 164.61 of this chapter on more than one occasion during the course of one year, then the city may combine any or all of the costs of those activities into a single notice of lien.
(b) The notice of lien shall consist of a sworn statement setting forth:
1. A description of the real estate that sufficiently describes the parcel;
2. The amount of the cost and expense incurred or payable for the activities; and
3. The date or dates when such cost and expense was incurred by the city or someone working on behalf of the city.
(c) After recording, the notice of lien shall be sent by certified mail to the property owner, his or her agent or legal representative or occupant in legal possession or control of the premises and, if different, to the person who received the tax bill for the preceding year.
(2) Release of lien. Upon payment of the cost after the notice of lien has been filed as provided herein, the lien shall be released by the city or person in whose name the lien has been filed, and the release shall be recorded of record in the same manner as recording the notice of lien.
(3) Foreclosure of lien. Subsequent to the filing of the above-described lien, the city may cause to be filed a complaint for foreclosure of such lien, or upon becoming a defendant in a pending lawsuit affecting the premises or real estate, by answer to the complaint or in the nature of an intervening petition or cross-complaint the city may proceed in its corporate name to foreclose such lien. An action to foreclose a lien under this subchapter must be commenced within two years after the date of filing notice of lien. The property subject to a lien arising under this subchapter shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the monies owing the city.
(Prior Code, § 165.62) (Ord. 11-141, passed 8-23-2011)