(A) Nuisance. It shall be unlawful and constitute a public nuisance for any person who owns or controls any real estate to permit nuisance greenery upon the property, including but not limited to allowing grass or weeds to grow on such premises or on the parkways contiguous to such premises to a height of 6 inches or more, or to permit trees or bushes on the property to be untrimmed or otherwise neglected.
(B) Notice prior to abatement. The Village shall give to the owner of the property where such public nuisance is found a written notice of the existence of such nuisance and requiring the removal of such nuisance through cutting, trimming or other removal activities within 10 days following such notice. The notice shall also notify the owner of the property that unless such nuisance is removed or compliance otherwise achieved within such 10-day period, the Village will proceed with the removal of such nuisance, and assess the cost thereof against the property owner. Service of such notice shall be by personal service or by certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property.
(C) Post-abatement notice; lien.
(1) Should the Village abate the nuisance through removal, the cost of such removal shall be a lien upon the property affected, superior to all other liens and encumbrances, except tax liens; provided that notice prior to abatement has been given as herein described, and the owner fails to pay the cost and expense incurred following receipt of a post-abatement notice stating the substance of this section, identifying the property by common description, and describing the cutting, trimming or other removal activity. Service of such post-abatement notice shall be by personal service or by certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property. A notice of lien shall be filed within 1 year after an unreimbursed removal cost and expense is incurred the Village. Notices of lien may be filed by the Village, or person performing the removal by authority of the Village, in his or its own name, and shall be filed in the office of the Recorder of Deeds of Cook County. The notice of lien shall consist of a sworn statement setting out:
(a) A description of the property sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred or payable for the cutting, trimming or removal, including the related administrative costs and activities;
(c) The date or dates when such cost and expense was incurred by the Village.
(2) However, the lien shall not be valid as to any purchaser whose rights in and to such property have arisen subsequent to the removal and prior to the filing of such notice, and the lien shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such property arise prior to the filing of such notice.
(D) Release of lien. Upon payment of the cost and expenses, including those costs provided for in § 92.23, by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the Village 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.
(E) Minimum penalty. Any person who violates the provisions of division (A) of this section shall be subject to the penalty provided for violation of this Code. Any person who receives more than 2 violations within the same calendar year for the same property shall receive a ticket from the Village for the minimum citation amount required by law.
(1997 Code, § 12.05) (Ord. 79-10, passed 7-31- 1979; Am. Ord. C0-08-36, passed 8-19-2008; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2012-30, passed 8-21-2012; Am. Ord. CO-2016-15, passed 7-26-2016)