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(A) Any weeds such as or known as jimson, burdock, ragweed, thistle, cockleburr or other weeds of like kind, tall grasses and plants or bushes of the species of tall, common or European Barberry, otherwise known as Barberis Vulgaris, or its horticultural varieties found growing in any place or location within the corporate limits of the village, are declared to be a nuisance. It shall be unlawful for any person to cause or permit any such weeds, tall grasses, plants or bushes to grow or remain in any place or location within the corporate limits of the village to a height in excess of six inches.
(B) (1) It shall be duty of every owner or occupant of every lot or tract of land within the corporate limits of the village to cut, destroy or remove or cause to be cut, destroyed or removed every weed, tall grass, plant or bush, as herein above described, upon every lot or tract of land in a manner and on or before the time as the weeds, tall grasses, bushes or plants or tall grasses reach or exceed the height of six inches. Upon failure of any owner or occupant so to do, it shall be the duty of the Chief of Police or the Village Health Officer to serve or cause to be served a notice upon any owner or occupant of any premises upon which any weeds, tall grasses, plants or bushes are caused or permitted to grow in violation of the provisions of this section, demanding the abatement of the growth as a nuisance, within a period of ten days from the date of the service.
(2) Failure of any owner or occupant to comply with the provisions and demands of the notice shall constitute a violation of the provisions of this section.
(C) If, upon the expiration of the ten-day period provided in the notice, any owner or occupant of any premises in the village upon which any such weeds, tall grasses, plants or bushes are caused or permitted to grow in violation of the provisions of this section, it shall be the duty of the Chief of Police or the Village Health Officer to proceed to the nuisance by cutting, destroying or otherwise removing the weeds or tall grasses, plants or bushes and to keep an account of the expense thereof and the expense shall be charged to the owner, or the owner and occupant jointly, of the premises, and it shall be the duty of the owner or the owner and occupant jointly to pay the expense.
(D) (1) The village shall have a continuing lien upon the premises and real estate upon which any noxious weeds or tall grasses or bushes shall be caused or permitted to grow in violation of the provisions of this section, for or on account of which it is necessary for any expense to be suffered or incurred by the village for the cutting, destroying or otherwise removing of any weed or tall grasses, plants or bushes. Every lien shall, upon compliance with the conditions hereinafter set forth, become and be prior and superior to the rights and interests of creditors, encumbrances, purchasers and other parties in interest in the premises and real estate.
(2) The lien may be preserved and enforced in the following manner. The Village Clerk shall, within six months after the accrual of the expense or cost or charge, file or cause to be filed with the appropriate county official a claim for lien, verified by the affidavit of himself, herself or any other officer of the village having knowledge of the facts, which shall consist of a brief statement of the facts of the claim, the balance due after allowing all credits and a sufficiently correct description of the lot, lots or tract or tracts of land or real estate to properly identify the land or real estate.
(3) No lien shall be defeated in the proper amount thereof because of error or overcharging on the part of the village, nor shall any lien be defeated upon proof that the expense or cost or charge resulted from or was incurred by reason or fault of any tenant or occupant or other person in possession other than the owner.
(E) (1) If payment shall not be made as provided in this section of any amount due by virtue of its provisions when the same shall become due, the village may file or cause to be filed a petition or bill in the appropriate court for a foreclosure of the lien and the village may proceed, in its corporate name, to foreclose the lien in like manner and with like effect as provided by the Illinois Compiled Statutes in foreclosure of mortgages. The suit shall be commenced within two years after the accrual of the expense or cost or charge. Any decree rendered in court may be enforced and collected as other decrees or judgements in the court.
(2) The remedy provided in this section shall not be construed to abridge or in any manner interfere with the right and power of the village to enforce the collection thereof by an action at law or as otherwise provided in this section, but the remedy herein provided shall be taken and held as an additional means to enforce payment of the delinquent expense or cost or charge.
(1981 Code, § 12.07) (Am. Ord. 13-52, passed 12-16-2013) Penalty, see § 93.99