A. Blockage Of Easement Or Right Of Way: It shall be unlawful for any owner or occupier of real property, under, over, upon or through which the City owns as easement or right of way, to block or obstruct or knowingly permit the blockage or obstruction of said easement or right of way.
Further, no rocks, stones, posts, etc., shall be placed within two feet (2') of the edge of roadway pavement and all mailboxes shall be installed in accordance with postal regulations.
B. Removal Required; Notice: It shall be the duty of the Superintendent, upon discovery of any obstruction which blocks or obstructs a City easement or right of way, to serve notice upon the owner or occupant of such premises and to demand the removal of said obstruction forthwith.
C. Failure To Remove: If the person so served with notice, as provided in subsection B of this Section, does not cause removal of such obstruction or blockage within thirty (30) days following receipt of said notice, the Public Works Superintendent may proceed to cause the same to be removed, keeping a true and correct account of the expenses thereof, and such expenses shall be charged to and paid to the City by said owner or occupant; provided, however, that in the event, in the opinion of the City Administrator, it is urgently necessary for the health, safety, morals and welfare of the public that such obstruction be removed immediately or at any time prior to the expiration of said thirty (30) day period, the City may forthwith remove the obstruction immediately following personal delivery of said notice to the owner or occupant, or if such premises are not occupied, by certified or registered mail to the record owner thereof.
D. Lien, Procedure For Filing: The City's reasonable expenses of removal of said obstruction, as provided in subsection C of this Section, shall be and constitute a lien upon said premises. Whenever a bill or statement from the City to the owner or occupant of such premises for such expenses remains unpaid sixty (60) days after it has been tendered, the City Clerk may file with the County Recorder of Deeds of Cook County a statement of lien claim. This statement shall contain the legal description of the premises involved, the amount of the unpaid bill and a notice that the City claims a lien for this amount.
A copy of the said lien claim shall be mailed to the owner of the premises; provided, however, that failure of the Clerk to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for such expenses as provided in subsection E of this Section.
E. Lien, Foreclosure: Property subject to a lien claim hereunder may be sold for nonpayment of the same upon foreclosure of said lien by the City in any court of competent jurisdiction. Proceeds of such sale shall be applied to pay the City's charges and expenses after deducting costs, as in the case of foreclosure of statutory liens. (Ord. 0-89-77, 12-18-1989)