A. Abatement By Village: If the person so served does not abate the nuisance within ten (10) days, any Village Board member may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by the owner or occupant. If the Village is responsible for the abatement, there will be a two hundred dollar ($200.00) charge each time abatement is required. (1987 Code § 8-5-4; amd. 2018 Code)
B. Costs A Lien: Charges for such plant, grass or weed removal shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for thirty (30) days after it has been rendered, the Village Clerk may file with the County Recorder of Deeds a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred and the date the plants, grass or weeds were cut, and a notice that the Village claims a lien for this amount. Notice of such lien claim shall be mailed to the owner of the premises if his address is known; provided, however, that failure of the Village Clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for such charges as provided herein. (1987 Code § 8-5-5)
C. Foreclosure Of Lien:
1. Property subject to a lien for unpaid plant, grass or weed cutting charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in equity in the name of the Village.
2. The Village Attorney is hereby authorized and directed to institute such proceedings, in the name of the Village in any court having jurisdiction over such matter, against any property for which such bill has remained unpaid sixty (60) days after it has been rendered. (1987 Code § 8-5-6)