(a) Charges for the removal of the nuisance by the City shall be a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens: provided that within one year after such cost and expense is incurred, the City or person performing the service by authority of the City, in his, her, or its own name, files a notice of lien in the office of the recorder in the 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 removal cost and expense incurred or payable for the service: and
(3) The date or dates when the removal cost was incurred by the city.
(b) However, the lien of the City shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the greenery cutting and prior to the filing of such notice, 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 such notice. 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 the filing of the notice of lien.
(c) The cost of the removal shall not be a lien on the real estate affected unless a notice is personally served on, or sent by certified mail to, the person to whom was sent the tax bill for the general taxes on the property for the last preceding year. The notice shall be delivered or sent after the removal activities have been performed. The notice shall:
(1) State the substance of Section 11-20-7 of the Illinois Municipal Code (65 ILCS 5/11-20-7) and the substance of this section;
(2) Identify the property, by common description, and
(3) Describe the removal activity.
(Ord. 2018-10-2. Passed 10-24-18.)
Statutory reference:
Lien for removal costs, see ILCS Ch. 65, Act 5, § 11-20-15