A. Costs A Lien; Notice Requirements: The cost of a dangerous or diseased tree or shrub removal by the village shall become a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided, that notice has been given as hereinafter described; and further provided, that within sixty (60) days after such cost and expense is incurred by the village, or person performing the service by authority of the village, in his or its own name, files notice of lien in the office of the county recorder of deeds. The notice shall consist of a sworn statement setting out the following:
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 removal of the tree or shrub.
3. The date when such cost and expense was incurred by the village.
B. Effect Of Lien: The lien of the village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the tree or shrub removal and prior to the filing of the notice of lien, and the lien of the village shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arose prior to the filing of such notice.
C. Release Of Lien: 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 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. (Ord. 2013-50, 9-5-2013)