A. An authorized City official or representative thereof shall serve or cause to be served a notice or citation upon any person owning, leasing, occupying or controlling any real estate within the City upon which such a nuisance is found to exist, requiring them to cut the weeds and/or high grass, maintain landscaping, remove dead trees or branches, or correct any and all violations covered under Title 6 constituting such nuisance. The notice or citations will be served in one of the following manners:
1. By a written notice sent by the United States mail and/or certified mail, postage prepaid, to the last known person owning, leasing, occupying or controlling the real estate. As to the owner the notice may be addressed to the address shown on the most recent tax bill or Recorder of Deeds for said real estate.
2. By a written notice personally delivered by the City official or representative to the person owning, leasing, occupying or controlling the real estate.
B. Violation; Fine And Penalty: Any person who violates any of the provisions of this Title shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) for each violation for each day that the violation continues unabated after receipt of a City notice advising of the violation, and each day after such notice that the violation continues shall be deemed a separate offense subject to a separate penalty. Such a fine shall be in addition to any other fee or charge authorized pursuant to the terms of this Code.
C. Abatement And Administrative Fee: In the event any person so notified shall fail or refuse to comply with said notices or citations, it shall be lawful for the City to require such landscaping nuisances or tree removal as stated in the Title to be removed or cut down in any manner it shall designate, and to charge the cost of such removal to any person owning or controlling such real estate. The cost for so doing shall be calculated on the basis of an Administration Fee of five hundred dollars ($500.00) plus the actual cost of abatement.
D. Lien: Notice of the lien claim for removal activities performed to abate the nuisances under this Title shall be mailed by the City Administrator or their designated representative, to the owner of the premises whenever such bill remains unpaid for a period of thirty (30) days after it has been rendered. The failure of the City Administrator, or their designated representative, to record such lien 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 unpaid bills for removal activities as provided herein. This lien upon the real estate is superior to all other liens and encumbrances, except tax liens and as otherwise provided by state law; provided that notice has been given as herein described, and further provided that within one year after such removal costs are incurred by the City, or the person performing the service by authority of the city, in their own name, files notice of lien in the office of the recorder of deeds of Cook County. The notice shall consist of a statement setting out:
1. A description of the real estate sufficient for identification thereof, including the identification of the real estate by common address description;
2. A description of the removal activities;
3. The amount of money representing the removal costs and Administrative fee of five hundred dollars ($500.00);
4. The date (or dates) when such removal costs were incurred by the City; and
5. A statement that the lien has been filed pursuant to applicable provisions of this code and the provisions of 65 Illinois Compiled Statutes 5/11-20-7, 11-20-8(d), 11-20-12(d), 11-20-13 (e), 11-20-15, 11-20-15.1 or 11-31-1.01, as applicable, the City adopts and incorporates these Compiled Statutes as part of this Chapter.
E. Foreclosure Of Lien: See foreclosure process set forth in 65 Illinois Compiled Statutes 5/11-20-15(e) or 11-20-15.1(d).
F. Release Of Lien: Upon payment of the removal costs and fees, by the owner of or persons interested in such real estate after notice of lien has been filed, the lien shall be released by the City or by the person in whose name the lien has been filed and the release may be filed of record as in the case of filing a notice of lien. See 65 Illinois Complied Statutes 5/11-20-15(h) or 11-20-15.1(e).
G. Repeat Offenses: Any commercial or residential property within the City that has been previously issued a notice or citation under this section within the same calendar year will be considered a repeat offender and the City will have the authority to abate the nuisance without additional prior notice, and the real estate property owner will have a lien placed upon this property per the above stated procedures. Notice of the lien shall be sent as described in subsection (D) above. (Ord. 22-44-O, 12-14-2022)