(A) When complaint shall be made by any person to the Police Department of the City, the Inspection Department of the City, or the City Manager of the City of Mt. Vernon about any condition that exists within the City which is a nuisance to the public, including any condition or thing described in this Article, the Police Department, the Inspection Department, the City Manager or the designee of any of them or other agency of the City, is hereby authorized to serve or cause to be served a notice in writing upon the owner, occupant, and lien holders of the premises upon which such nuisance shall be alleged to be located and such notice shall state the condition of the thing alleged to be a nuisance and shall require such owner, occupant, and lien holder to abate such nuisance within the reasonable time of not more than five (5) days after service of such notice in writing either personally or by regular mail (service being complete upon deposit within U.S. Mail Box) or to the last-known address of such person or persons or if no address is known, by posting notice upon the property. In the event the owner, occupant, or lien holder shall fail, neglect, or refuse to abate such nuisance within five days after the service of notice, the City may proceed to abate such nuisance, and the reasonable costs and expenses of such abatement by the City will be and the same is hereby assessed against such owner and occupant personally as well as against the property respectively. The costs and expenses of abatement of the nuisance shall, in all events be a lien upon the premises superior to all subsequent liens and encumbrances except tax liens, and if notice has been given as provided above superior to prior or existing lien holders, if within 120 (one hundred twenty) days after such costs and expenses incurred by the City of Mt. Vernon or by the person performing the service by authority of the City of Mt. Vernon in his or its own name files notice of lien in the Office of the Recorder of Jefferson County, Illinois.
(B) (1) The notice of lien 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 costs and expenses incurred or payable for the service, and (3) the date or dates when such costs and expense were incurred by the City of Mt. Vernon.
(2) 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 abatement of the nuisance and prior to the filing of the notice of lien, and the lien of the City shall not be valid as to any mortgagee, judgment creditor or other lien or whose right in and to the premises arises prior to the filing of the notice of lien and to whom notice was not personally served or mailed as provided above.
(3) If notice to a mortgagee or lien holder was given by personal service or by mail then the lien of the City shall be valid, prior and superior to any lien or claim of said mortgagee, judgment creditor, or lien holder. Such lien may be foreclosed by the City of Mt. Vernon; or, at the City’s election, the City may sue and recover from any owner or occupant if he fails, neglects, or refuses to abate such nuisance within the aforesaid five-day period for the reasonable costs and expenses of such abatement by the City provided that the City may file and foreclose such lien or suit personally or both. Reasonable costs and expenses of abatement shall include (but shall not be limited to) inspection and reinspection fees; abstracting and title costs; postage or service fees; cost of notice preparation; labor expenses; man hour costs; machinery and equipment costs and fees; travel time for equipment to and from the property; other costs associated with abatement of the nuisance; all costs of disposal of material, debris, or other such items; administrative and clerical costs; recording fees, including costs incurred for filing of lien and release of same; all reasonable attorney fees and costs arising from preparation, institution, enforcement, collection or forfeiture of any lien or suit filed or defended hereunder; and any other costs or expenses incurred by the City pursuant to exercise of its authority hereunder.
(C) The foreclosure of any lien hereunder shall be a remedy coexistent with any other remedy of the City, including the imposition of a fine for the maintenance of any such nuisance or the violation of any Section of this Article.
(Prior Code, Art. 13, § 13.11)