A. Charges Established: Charges for the abatement of the nuisances described in this chapter shall be as follows:
1. The minimum charge for administrative costs shall be two hundred fifty dollars ($250.00).
2. If any labor is provided by Village employees, such labor shall be charged at the rate of sixty dollars ($60.00) per hour, in addition to the minimum charge in subsection A1 of this section.
3. All costs of abating the nuisance, including, but not limited to, all labor, expenses of abatement including the rental of any equipment or disposal and all other costs incurred by the Village including reasonable attorney fees. Abatement includes the cost of removing debris or litter which may be necessary to cut weeds or other vegetation.
4. The cost of any independent contractor hired by the Village.
5. The costs of preparing the notice of violation and lien, recording the lien, releasing the lien and determining ownership of the land.
B. Other Remedies: The Village Attorney may institute proceedings in the name of the Village, in any court having jurisdiction over such matter, to enforce any nuisance violation after proper notice has been provided and failure to abate has occurred. The Village Attorney or prosecuting authority, in addition to requesting any fines specified for such a violation, may request any remedy provided for by law, which may include, but is not limited to, requesting for an order to remedy a violation of this title or any other lawful nuisance violation, or to prohibit future violations. (Ord. 2013-36, 9-19-2013)
C. Invoice Rendered; Failure To Pay; Lien Filed: Upon completion of the abatement of the nuisance, the Village Administrator, the Village Clerk or a duly authorized designee shall prepare and deliver an invoice for all charges attributable to abatement and related activity. In the event said invoice is not paid by the close of business on the tenth day following the date of the invoice, the Village Attorney shall prepare and file a lien against the property where said abatement occurred. (Ord. 2013-36, 9-19-2013; amd. Ord. 2017-20, 4-20-2017)
D. All Costs A Lien: All of the above costs shall be a lien against the property and a charge against the owner or occupants. The lien shall be recorded with the County Recorder of Deeds as soon as practical after the nuisance is abated and the invoice for such charges being unpaid. The form of the lien shall conform to the requirements of law. (Ord. 2013-36, 9-19-2013)
E. Notice Of Lien Claim; Release Of Lien: Notice of the lien claim filed pursuant to this section shall be personally served or sent by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the taxable year immediately preceding the removal activities. The notice must be provided after the removal activities have been performed and it must: 1) provide the common address and parcel number of the property abated; 2) state the amount of the removal cost; 3) reference the date or dates when the removal cost(s) were incurred; and 4) identify the applicable ordinance or the ordinance violation. Upon payment of the cost and expense by the owner of, or persons interested in, the land after a notice of lien has been filed, the Village shall execute a release of the lien, and the Village Clerk shall cause the release to be recorded in the County Recorder's Office. (Ord. 2018-63, 12-6-2018)
F. Foreclosure Of Lien: Property subject to a lien under this section shall be sold for nonpayment of the charges. The proceeds of the sale shall be applied to pay the charges after deducting the costs, as in the case of the foreclosure of statutory liens. Such foreclosures shall be in equity in the name of the Village.
G. Attorney To File Suit: The Village Attorney is hereby authorized and directed to institute proceedings, in the name of the Village, in any court having jurisdiction over such matter, against any land for which the Village Clerk has recorded a notice of lien in the County Recorder's Office. (Ord. 2013-36, 9-19-2013)