A. Lien Claim: Charges for weed cutting shall be a lien upon the premises as provided by statute. Within sixty (60) days after such costs and expense is incurred and remains unpaid, the village clerk is authorized to file 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. The 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.
The failure of the clerk to record such lien claim 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 weed cutting as provided for in the following subsection.
B. Foreclosure Of Lien: Property subject to a lien for unpaid weed cutting charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the village.
The attorney for the village is hereby authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matters against any property for which a bill for weed cutting has remained unpaid sixty (60) days after it has been rendered.
(Ord. 1523, 5-11-1982)
Statutory reference:
65 ILCS 5/11-20-7