(A) If the person served with notice fails or refuses to remedy the violation, the violation may be removed or remedied by private contractors hired by the village, or, at the discretion of the Enforcement Officer after consultation with the Mayor, by village personnel.
(B) Charge. The village hereby establishes a charge, payable to the village, of $100 per hour or any portion thereof, for the use of village employees, equipment, and fuel for removal of rubbish, pests, and nuisance vegetation. The corporate authorities of the village hereby find that said charge is fair and reasonable to recompense the village for its expenses. In the event the Enforcement Officer contracts with a third party for the removal of rubbish or nuisance vegetation, the charge to the owner, occupant, or lessee shall be the village's out-of-pocket expenses, plus a $25 service charge for administering the contract, which the corporate authorities find to be fair and reasonable to recompense the village.
(C) Lien. In the event that the nuisance vegetation, pest, or rubbish removal expense remains unpaid for more than ten days after said service is performed and expense incurred by the village, said unpaid charge shall constitute a lien upon the real estate, and the Village Clerk shall file a notice of lien in the office of the Recorder of Deeds of Sangamon County, and mail a copy of the lien to the last ascertainable owner of record. Upon payment of all costs, expenses, charges, and penalties, the lien created under this section shall be released by the village, which release shall be filed of record in the same manner as filing notice of the lien, pursuant to law, the expense of said filing to be paid by the violator.
(D) Suit. In addition to any other action authorized by this chapter or by the Illinois Municipal Code, the village may, to the extent permitted by law, bring suit to foreclose the lien and to sue the owner, lessee, or occupant of the real estate or their agent, in a civil action to recover the money due for services rendered, plus all expenses and reasonable attorney’s fees to be fixed by the court. Any such judgment shall be enforced in accordance with law. In addition to the charges due, the village is entitled to collect the costs of filing notice of lien, foreclosing said lien, and litigation costs, together with all office and legal expense incurred in connection with the collection of the amount due.
(Ord. 18-005, passed 4-16-2018)