(A) As it is hereby declared to be illegal for the owners of real estate to permit the accumulation of waste on public or private property, as set forth under section 8-2-2 of this chapter, if the owner of such real estate, after reasonable notice, refuses or neglects to remove such waste, the village manager of the village may direct that said waste be removed and that the costs of said collection and removal be assessed to and collected from the owner of the real estate in question.
(B) The cost of collection and removal of waste shall be a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if the village, or the person performing the service by authority of the village in his or its own name, files notice of lien in the office of the recorder of deeds of DuPage County. The notice shall consist of a sworn statement setting out:
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 costs and expense was incurred by the village. However, 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 removal of waste 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. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. An action to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien. (Ord. 92-2342, 12-7-1992)