A. Notice To Owner Or Tenant To Remove: The owner or tenant in control of lands lying within the limits of the Village is hereby required to remove or cause to be removed from such lands any litter within ten (10) days after receipt by such owner or tenant in control of written notice from the Village.
B. Service And Contents Of Notice: Notice to the owner or tenant to cause the removal of the litter may be served upon any such owner or tenant either personally or by registered or certified mail; and, if by the latter method, the ten (10) day period within which such removal shall be accomplished shall be deemed to have commenced to run from the date of the return receipt of such registered or certified mail obtained by the postal authority for the delivery of such notice. In addition to requiring the removal of aforesaid, every such notice shall warn the owner or tenant of the lands to which such notice refers that failure to accomplish such removal within the time stated therein will result in the Village providing for its removal and the cost of such removal shall be charged to the owner or tenant of such lands and shall be payable within thirty (30) days after the date of submission of the charges.
C. Failure To Obey Notice: Whenever the owner or tenant of such lands, receiving the notice provided for, shall fail, refuse or neglect, within the time prescribed in the notice, to effect removal of such litter, such removal may be accomplished by or at the direction of the Village. The cost of such removal to the Village shall be charged against the owner or tenant, as the case may be.
D. Lien: When the owner is in control of lands, the costs of removal is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens; provided, that within sixty (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 in Lake County. The notice shall consist of a sworn statement setting out as follows:
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.
However, the lien of the village shall not be held valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the removal and prior to the filing of such notice, and the lien of the village shall not be valid as to any mortgagee, judgment 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. (Ord. 82-O-01, 1-16-1982; amd. 1996 Code)