7-2-12: FAILURE TO REMOVE RUBBISH AND WASTE FROM PRIVATE PROPERTY; REMOVAL BY VILLAGE; LIEN FOR COST OF REMOVAL:
The village may remove or provide for the removal of rubbish and other waste or debris from private property when the owner of such property after reasonable notice refuses or neglects to remove such rubbish and waste as provided for in this chapter, and may collect from such owner the reasonable cost thereof. This cost shall be a lien against the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within sixty (60) days after such cost and expense is incurred by the village, or the person performing the removal service by authority of the village, in his or its own name, files notice of lien in the office of the recorder of deeds or of the registrar of Torrens Titles of Cook County, Illinois, wherein such real estate is located. The notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof, b) the amount of money representing the cost and expense incurred or payable for the removal service, and c) the date or dates when such expense was incurred by the village. However, the village's lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the rubbish, waste or debris and prior to the filing of said notice, and the said lien of the village shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense of removal by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclosure as in the case of mortgages or mechanic's liens. Suit to foreclosure of this lien shall be commenced within two (2) years after the date of filing notice of lien. (Ord. 2393, 1-21-2002)