A. Upon refusal or neglect of any person, firm or corporation to cut weeds or grass, the village clerk may cause the weeds or grass to be cut and shall collect from the property owner the cost for the service. The charge for that service shall be one hundred dollars ($100.00) per man hour that is necessary to complete the work, with a minimum charge of twenty five dollars ($25.00) per parcel. These costs shall be billed to the property owner along with additional lien fees in accordance with the county. If mowing charges are fully paid within thirty (30) days, the lien fees will be removed. If mowing charges are not fully paid within thirty (30) days, a second billing notice will be sent to the property owner. Upon refusal or neglect of any person to pay the cost in the second notice within fifteen (15) days, the village clerk may cause a lien to be placed on the parcel, which lien shall be superior to all subsequent liens and encumbrances except tax liens if a notice of lien is filed in the office of the county recorder of deeds within sixty (60) days of the date of completion of cutting weeds or grass by the village. The notice of lien shall consist of a sworn statement setting out: (Ord. 1160, 9-21-1998; amd. 2011 Code)
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.
3. The date or dates when such cost and expense was incurred by the village.
B. However, the lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the weed or grass cutting but prior to the filing of such notice, and the lien of the village shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate arose 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 the notice of lien has been filed, the lien shall be released, and the release may be filed of record as in the case of filing notice of lien. (Ord. 1160, 9-21-1998)