(a) It shall be the duty of the owner of premises to cause diseased trees or breeding place to be removed under the direction and supervision of the Village manager or his representative.
(b) In lieu thereof, the person charged with such removal may request that the same be done by the Village. The cost of such tree removal shall be borne by the owner, and if the Village shall remove any such diseased tree or breeding place, either at the owner's request or as a result of the owner's failure, refusal or neglect to accomplish tree removal action, then the cost incurred in such diseased tree or breeding place removal shall also become a lien upon the real estate affected until paid, superior to all other liens and encumbrances, except tax liens; provided that notice has been given as hereinabove described, and further provided that within sixty (60) days after such cost and expense is incurred, the Village Manager, on behalf of the Village, 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 service, and (3) the date or dates when such cost and expense was incurred by the Village. However, the lien of such Village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the tree removal and prior to the filing of such notice, and the lien of such Village shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights 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 and the release may be filed of record as in the case of filing notice of lien.
(M.C. 1963, § 27.106; Ord. Nos. 0-68-33 and 0-74-54, § 27.106.)