(A) If the person served with notice fails or refuses to remedy the violation, the violation may be removed or remedied by private contractors hired by the village, or, at the discretion of the Enforcement Officer after consultation with the Mayor, by village personnel.
(B) Charge. The village hereby establishes a charge, payable by the owner and/or person that controls the property (jointly and severally) to the village, of $100 per hour or greater if actual costs of the use of village employees, equipment and fuel for removal of nuisance vegetation, rubbish and pests and exceed $100 per hour. The corporate authorities of the village hereby find that the charge is fair and reasonable to recompense the village for its expenses. In the event the Enforcement Officer contracts with a third party for the removal of rubbish or nuisance vegetation, the charge to the owner, occupant or lessee shall be the village’s out-of-pocket expenses, plus a $25 service charge for administering the contract, which the corporate authorities find to be fair and reasonable to recompense the village.
(C) Lien. In the event that the village sends a bill pursuant to § 93.23(B) to the owner, his or her agent, legal representative, or occupant in legal possession or control of the premises, and the nuisance vegetation, rubbish or pest removal expense remains unpaid for more than ten days after the service is performed and expense incurred by the village, the unpaid charge shall constitute a lien upon the real estate, and the Village Clerk or other designee shall file a notice of lien in the office of the County Recorder of Deeds, and mail a copy of the lien to the last ascertainable owner of record, in compliance with all applicable laws and ordinances. Upon payment of all costs, expenses, charges and penalties, the lien created under this section shall be released by the village, which release shall be filed of record in the same manner as filing notice of the lien, pursuant to law, the expense of the filing to be paid by the violator. The following procedure shall apply:
(1) Notice of lien. The village or the person performing the service by authority of the village, 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 village engaged in any nuisance abatement activity described in § 93.23 on more than one occasion during the course of one year, then the village may combine any or all of the costs of those activities into a single notice of lien.
The notice of lien shall consist of a sworn statement setting forth:
(a) A description of the real estate that sufficiently describes the parcel;
(b) The amount of the cost and expense incurred or payable for the activities; and
(c) The date or dates when such cost and expense was incurred bv the village or someone working on behalf of the village.
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 village 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 village may cause to be filed a complaint for foreclosure of the 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 village may proceed in its corporate name to foreclose the lien. An action to foreclose a lien under this section must be commenced within two years after the date of filing notice of lien. The property subject to a lien arising under this section shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the monies owing the village.
(D) Suit. In addition to any other action authorized by this chapter or by the Illinois Municipal Code, the village may, to the extent permitted by law, bring suit to foreclose the lien and to sue the owner or lessee or occupant of the real estate or their agent, in a civil action to recover the money due for services rendered, plus all expenses and reasonable attorney fees to be fixed by the court. Any such judgment shall be enforced in accordance with law. In addition io the charges due, the village is entitled to collect the costs of filing a notice of lien, foreclosing the lien and litigation costs, together with all office and legal expenses incurred in connection with the collection of the amount due.
(Ord. 15-34, passed 8-11-15)