(A) If the owner, occupant, or person interested in a dwelling, dwelling unit, business establishment, church, hotel, motel, or rooming house shall fail to comply with the provisions of this section within three days from the date of mailing to do so by the city, the City Council may authorize removal of the garbage, refuse, and ashes from the private property with the cost and expense of removal to be a lien upon the real estate, superior to all other existing liens and encumbrances except tax liens. The lien by the city shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage, refuse, and ashes and prior to the filing of notice as mentioned hereafter, and the lien of the city 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 notice.
(B) The city or person performing the service by authority of the city, in its or his own name, may file notice of lien in the office of the County Recorder of Deeds. Notice of lien shall consist of a sworn statement setting out the following information:
(1) A description of the real estate sufficient for identification.
(2) The amount of money representing the cost and expense incurred or payable for the service.
(3) Date or dates when such cost or expense was incurred by the city.
(C) The sworn statement shall be filed within 60 days after the cost and expense is incurred.
(`79 Code, § 93.315) (Ord. 825, passed 6-21-76; Am. Ord. 92-297, passed 8-17-92)