A. Summary Abatement: Whenever, in the opinion of one of the village officers designated in subsection 5-4-3A of this chapter, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to the persons or serious damage to personal or real property, and the continuation of the nuisance poses a substantial threat of injury to persons or property, such officer shall proceed to abate such nuisance; provided further that whenever the owner or occupant or person in possession or in charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, such officer may proceed to abate such nuisance without notice. Where the abatement of a nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably practicable.
B. Abatement Lien: If the person served with an abatement notice does not abate the nuisance within three (3) days, the village may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense, including an administrative fee as determined from time to time which shall be charged and paid by such owner or occupant. The cost of cutting and removing such weeds shall be a lien upon the real estate affected, superior to all other liens and encumbrances except tax liens; provided that within sixty (60) days after such cost and expense is incurred, the village, or persons performing the service by authority of the village, files notice of lien in the office of the county recorder of deeds. The 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 rights 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 to any mortgagee, judgment creditor or other lienholder whose rights in and to such real estate arose prior to the filing of such notice. Upon payment of the costs and expense by the owner or person 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.
C. Privately Contracted Service: In the event that the village must abate a violation for any vacant property per subsection B of this section, or has issued multiple notices of violations in the previous year on any vacant property, the director of community development, or his designee, has the right, but not the obligation, to require the property owner to retain services of a private contractor to maintain the height of all grass and weeds in compliance with this section. Proof of said retention shall consist of a copy of a valid, signed contract between the owner and contractor indicating the mowing services through the end of October of that year will be provided on a clearly defined schedule to prevent the height of any weeds or grass on the property from exceeding the maximum allowable height specified in subsection 5-4-2A of this chapter. (Ord. 2013-36, 6-20-2013)