In case the owner, occupant or agent of the parcel of land on which a diseased elm tree is located cannot be found, or if found and notified as aforesaid, neglects or refuses to abate the nuisance, the village may abate the same by the removal and destruction of the diseased elm tree, and the owner, occupant and agent or any of them, shall be charged with those expenses which may be incurred by the village in the removal of the diseased elm tree, which expense shall be collected by the village by suit, or otherwise. In addition the owner, occupant or agent shall be subject to the fine or penalty provided in this section.
('73 Code, § 12.05(d))