A. The cost of cutting the vegetation, grass or weeds and the removal of the cut vegetation, grass or weeds from private property shall be recoverable from the owner or person in control of or residing in the real estate and shall be a lien thereon. The lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that within ninety (90) days after completion of the cutting of the vegetation, grass or weeds and the removal, the Village Attorney shall file a notice of lien for the cost incurred by the Village in the Office of the County Recorder of Deeds. Upon payment of the total costs, the lien shall be released by the Village Attorney. (Ord. 2002-1201, 6-18-2002; amd. 2016 Code)
B. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced by the Village Attorney within three (3) years after the date of filing of notice of lien.
C. If the Village cost for cutting the vegetation, weeds and grass are not paid, the Village Attorney may commence proceedings in the Circuit Court seeking a personal judgment from the owner, person in control, or residing in the property. Attorney fees and costs to prosecution are an expense of enforcing this chapter, and said expenses are in addition to the collection of the amount of the judgment entered by the court.
D. Attorney fees and costs are an expense in enforcing any proceedings to foreclose a lien and/or to obtain a personal judgment against an owner, party in control or residing in property for whom a lien is enforced or a personal judgment is obtained for the violation under this chapter.
E. Any action as authorized by this chapter shall be in addition to, and without waiver of, any other remedies. (Ord. 2002-1201, 6-18-2002)