4-4-3: REMOVAL, LIEN PROCEDURES:
   A.   If the person owning, controlling or occupying any tract or real estate upon which weeds are growing in violation of section 4-4-1 of this chapter shall fail to cut and remove said weeds from and after five (5) days after the date of a notice of violation served, pursuant to section 4-4-2 of this chapter, the City may proceed to cut and remove or to procure the cutting and removal of the weeds at the expense of the owner of the real estate, the cost of same to be determined in accordance with subsection B of this section. (Ord. 507, 5-22-2006)
   B.   The cost of cutting and removal of growing plants shall be computed at the rate of one hundred dollars ($100.00) per hour for each hour or part thereof that any City employee works on the project, plus the cost of repair for any damage done to City equipment due to the cutting and removal of such plants. This amount shall be increased or decreased for each year after 2013, according to the consumer price index change on January 1 of each year commencing January 1, 2014.
The City shall have the right to take such legal steps to collect this legal obligation as it deems necessary, including, but not limited to, the procedures set forth herein as subsection C of this section.
   C.   The cost of removal of growing plants, grass and weeds by the City, as provided in subsection B of this section, shall become a lien upon the real estate affected; provided that, within one hundred twenty (120) days after such costs and expenses are incurred, the City or the person performing the service by the authority of the City in his own name files notice of lien in the Office of the Recorder of Deeds of McLean County, Illinois, consisting 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 City. (Ord. 637, 5-28-2013)
   D.   In addition to the cost of such removal as set forth above, the City may levy a fine for violation of this section, by levying a fine in the following amounts:
      1.   For the first violation for a particular yard or area within a calendar year: Fifty dollars ($50.00);
      2.   For a second violation for a particular yard or area within a calendar year: One hundred dollars ($100.00);
      3.   For a third violation and higher, for a particular yard or area within a calendar year: One hundred fifty dollars ($150.00).
Such fines may be enforced in the same manner as set forth in this section for recovery of cost of cutting and removal. (Ord. 613, 5-14-2012)