(A) This cost is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and expense is incurred the village, or person performing the service by authority of the village, in his, her, or its own name, files notice of lien in the office of the Recorder of Deeds of Shelby County. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expenses incurred or payable for the service, and the date or dates when such cost and expense was incurred by the village.
(B) However, the lien of such village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage and debris or cutting of weeds and vegetation and prior to the filing of such notice; and the lien of such village shall not be valid as to any mortgagee, judgement 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 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. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanic’s liens. An action to foreclose this lien shall be commenced within two years after the date of filing notice of lien.
(Ord. 162, passed 3-3-1992)