(A) The cost of the collection and removal by the city shall be made a lien upon the real estate affected, superior to all other liens and encumbrance except tax liens; provided that within 60 days after the cost and expense is incurred, the municipality or person performing the service by authority of the municipality, in his, her or its own name, files notice of lien in the office of the County Recorder of Deeds.
(B) 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 the cost and expense was incurred by the municipality.
(C) However, the lien of the municipality shall not be valid as to any purchaser whose rights in and to the real estate have arisen subsequent to the collection and removal of garbage and debris by the municipality and prior to the filing of the notice and the lien of the municipality shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to the real estate arise prior to the filing of the notice.
(Ord. 879, passed 10-9-1973)