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A. Notice: It shall be the duty of the village president or director of community services or other officer who is so directed by one of them, to serve notice, in writing, upon the owner, occupant, agent, or person in possession or control of any lot, building or premises in or upon which any nuisance may be found, or who may be the owner or the cause of any such nuisance, requiring him to abate the same in such manner as the village president or director of community services shall prescribe, within a reasonable time. It shall not be necessary in any case for the village president or director of community services to specify in the notice the manner in which any nuisance shall be abated, unless they shall deem it advisable so to do.
B. Overgrown Turf Grass Or Weeds: In all cases where the owner of any lot, tract or parcel of land shall neglect or refuse to abate the nuisance relating to the cutting or removal of overgrown turf grass or weeds within five (5) days after being notified to so do by the village, the village may cause such turf grass or weeds to be cut and to collect from the owner of the property the reasonable cost thereof. This cost is a lien upon the real estate affected, superior to all other liens, except tax liens, and shall be imposed in the manner provided by state statute.
C. Penalty For Violation: Any person maintaining a nuisance as herein defined or violating any provisions of this section shall be fined not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00), and each day a violation continues or nuisance as herein defined is maintained shall constitute a separate offense.
D. Performance By Village: Whenever any nuisance shall be found on any lot, building or premises within the village, the village president or director of community services is hereby authorized in his discretion to cause the same to be summarily abated in such manner as he may direct. Prior notice to abate the nuisance shall not be required of the village when an emergency or other condition exists that is likely to lead to imminent or serious danger or harm to persons or property.
E. Reimbursement Of Village; Lien For Nonpayment: Any funds expended by the village to abate a nuisance shall be repaid to the village by the owner of the lot, building or premises in or upon which any nuisance may be found, within thirty (30) days after rendition of the bill by the village for its services. If the bill for such services are not so paid, such charges shall be deemed and are hereby declared to be delinquent and thereafter such delinquencies shall constitute liens upon the real estate for which such services were supplied, provided that either the village clerk or the village attorney first notifies the property owner in writing of the delinquency and grants the property owner an additional fifteen (15) days from date of the written notification to pay the bill in full including the delinquent service charge. If the delinquent bill is not paid within the time provided in the written notice of the village clerk or village attorney, then either the village clerk or village attorney is hereby authorized and directed to file a notice of such lien in the office of the recorder of deeds of Lake County, Illinois, which said notice of such lien shall consist of a sworn statement setting out the name(s) of the owner(s) of the real estate, a description of the real estate upon or for which service was supplied, the amounts of monies due, and the date or dates when such amount or amounts became delinquent, and the filing of such statement in the aforesaid office shall be deemed notice for the payment of such charges for such services. In all cases where a lien has been recorded, recording and legal fees as set forth in the village fee schedule shall be charged in addition to the delinquent charges. The failure of the village clerk or the village attorney to record such notice of any such lien shall not affect the right of the village to foreclose the lien for unpaid services performed by the village or affect the village's right to pursue any other legal remedy.
F. Foreclosure Of Lien: If the charges for village services to abate a nuisance are not paid within one hundred eighty (180) days after rendition of the bill, the lien hereinabove provided for may be foreclosed in the same manner as a mortgage foreclosure by appropriate legal action in the circuit court of Lake County. The fees and costs incurred by the village to prosecute such foreclosure action, including all attorney fees (including the initial fee assessed in the fee schedule for preparation and recording of the lien), fees for the village engineer and other opinion witnesses, costs of depositions and court reporters and court filing fees, shall constitute additional delinquent charges for which the village is entitled to receive payment.
G. Manner Of Notice: Any notice from the village requiring abatement of a nuisance or payment of village charges in relation thereto may be delivered personally to the owner or occupant of the property affected and shall be sent by U.S. certified mail, return receipt requested, to the taxpayer of record for the property as shown in the most recently issued tax bill. For purposes of giving the notice required in this section, the refusal by the owner or occupant of the property to acknowledge receipt of certified or registered mail or to accept notice given by personal delivery shall constitute a waiver by such owner or occupant of the need for further notice. The acceptance of the owner or occupant of notice delivered personally shall also constitute a waiver by such owner of the need for further notice, including notice by mail. (Ord. 09-8-16, 8-18-2009)