(A) The Health Officer, knowing a health hazard exists due to uncollected garbage, refuse or rubbish, shall report same to the Mayor who, after giving notice to the violator to remove such garbage, refuse or rubbish, may cause the city to remove and collect such garbage, refuse or rubbish from the property by the use of city vehicles and city employees, or by an agreement with a licensed scavenger.
(B) The costs for such services rendered in the collection and cleanup and disposal of such garbage, refuse or rubbish shall constitute a lien on the real estate operated as provided by statute, superior to all subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and expense are incurred the city or person performing the service by authority of the city, in his or its own name, files notice of lien in the office of the Recorder of Deeds of the county or in the office of the Registrar of Title of the county if the real estate affected is registered under the Torrens system.
(C) The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service and the date or dates when such cost and expense was incurred by the city.
(D) However, the lien of such 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 and debris and prior to the filing of such notice, and the lien of such 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 such notice.
(E) 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 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.
(F) The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics’ liens. Suit to foreclose this lien shall be commenced within two years after the date of filing notice of lien.
(Prior Code, § 50.61) (Ord. 73-O-841, passed - -1973; Ord. 78-O-986, passed 6-20-1978)