(A) Notice of violation; failure to comply, abatement by city. Any owner and/or occupant of real estate located within the city upon which a nuisance or violation as indicated by this chapter exists shall be sent or served a notice stating the specific violation. If the violation has not been corrected within seven days after receiving the notice, a citation will be issued by the city for each offense, and a separate offense shall be deemed to have been committed on each day which a violation continues to occur. The penalty for each offense will be as indicated in this chapter. A court order will then be sought to allow the city, or a duly authorized contractor, to enter upon the property to abate the nuisance. The city will also seek reimbursement for abatement of the nuisance by court order.
(B) Costs a lien.
(1) Any costs incurred by the city or a duly authorized contractor in abating a nuisance, violation or any other charge imposed by the city under this chapter shall be a lien upon the real estate in question as authorized under the Illinois Municipal Code and shall be superior to all other liens and encumbrances except tax liens: provided, that within 60 days after such cost and expense is incurred, the city, or a contractor performing such services as authorized by the city, in his or in its own name, files notice of lien in the office of the County Recorder. The notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof: b) the amount of money representing the cost and expense incurred or payable for the service: and c) the date or dates when such cost and expense was incurred by the city. The lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the weed cutting or property maintenance actions by the city and prior to the filing of the notice of lien. The lien shall not be valid as to any mortgagee, judgment creditor or other lien or whose right in and to such real estate arises prior to the filing of the notice.
(2) Upon payment of the cost and expense by the owner or other persons interested in such property after notice of lien has been filed, the lien shall be released by the city 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. 21-O-2299, passed 4-21-2021)