(a) If the owner of any private property in the Village upon which there is deposited any garbage, refuse or other debris in violation of the provisions of this Article refuses or neglects to remove such garbage or refuse, or to have the same removed as herein provided, within five (5) days after receiving written notice from the Village Manager to do so, the Village may remove such garbage, refuse or other debris and may collect from such owner the reasonable cost thereof; except that if the Village Manager determines that the existence of such garbage, refuse or other debris creates an immediate hazard to the public health, safety and welfare, the Village Manager may order the removal of the garbage, refuse or other debris forthwith and without the requirement of any such notice. (Ord. 0-94-25, 7-5-94)
(b) Such cost shall be a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within sixty (60) days after such cost and expense is incurred the Village, or the person performing the removal service by authority of the Village, in his or its own name, files notice of lien in the office of the Recorder of Deeds in the county in which such real estate is located or in the office of the Registrar of Titles of such county if the real estate affected is registered under the Torrens system.
(c) Such notice shall consist 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 removal service, and 3) the date, or dates when such cost and expense was incurred by the Village.
(d) Such Village's lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage, refuse or debris and prior to the filing of such notice, and the said lien of the Village shall not be valid as to any mortgagee, judgment creditor or other lienor whose right in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanic's liens. Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien. (M.C. 1963, §18.207; amd. Ord. 0-73-60, §18.207)