(a) In all cases where the owner, occupant, or person otherwise responsible for maintenance of a property on which there exists a growth of weeds in violation of the foregoing sections shall fail, refuse or neglect to cut the same or cause the same to be cut and otherwise removed after 10 days written notice served on such owner or occupant or person responsible for maintaining the real estate, the village manager may proceed to abate such nuisance by causing the same to be cut and removed from the property and the costs thereof shall be charged to and collected from the owner occupant, or responsible party.
(b) Provided that the land is privately owned, the cost of cutting and removing such weeds shall also become a lien upon the real estate affected, until paid, superior to all other liens and encumbrances except tax liens; provided that after such cost is incurred, the Village Manager files notice of lien in the office of the recorder of deeds of the county wherein the real estate is situated. Said notice of lien shall consist of a sworn statement setting out: 1) the 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 of cutting and removing such weeds, and 3) the date or dates when such cost or expense was incurred by the Village. The lien of the village shall not be valid as to any purchaser whose right in or to such real estate have arisen subsequent to the weed cutting and prior to the filing of such notice, nor shall the lien of the village 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, § 27.304; amd. Ord. 0-74-53, § 27.304; Ord. 0-22-13, 4-4-2022; Ord. O-23-22, 7-17-2023)