Except as provided in section 6-8-9 of this chapter, if graffiti is removed by the village or by someone directed to remove the graffiti on behalf of the village, a notice of lien of the cost and expense thereof incurred by the village shall be recorded in the following manner:
The village or the person performing the service by authority of the village, in its or his own name, may file a notice of lien in the office of the recorder of deeds in the county in which said real estate is located. The notice of lien shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when said cost and expense was incurred by the village, and shall be filed within sixty (60) days after the cost and expense is incurred.
For the purpose of this chapter, cost and expense shall be a sum equal to the actual cost of graffiti removal, plus an additional administrative fee equal to the actual cost of graffiti removal but not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00), to cover general overhead, inspection expenses, location of and notice to owner, and incidental and related actions.
Upon filing of a notice of lien as provided herein, the village shall have a lien upon the land described therein and upon which the graffiti removal or other service have been made to secure cost and expenses thereof and nine percent (9%) interest per year on the amount, which interest shall begin accruing sixty (60) days after the cost is incurred. Such lien shall be in addition to and shall not constitute a waiver of any additional penalties, including, but not limited to, fines, as may be available by law. (Ord. 2011-23, 8-1-2011)