(A) (1) The charges for such weed or grass removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within 30 days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the village shall be recorded and a priority lien established. To perfect such a lien, the village must, within one year after the removal cost is incurred, file notice of lien in the office of the Recorder in the county in which the underlying parcel is located or, if the underlying parcel is registered under the Torrens system, in the office of the Registrar of Titles of that county.
(2) The notice must consist of a sworn statement setting out:
(a) A description of the underlying parcel that sufficiently identifies the parcel;
(b) The amount of the removal cost; and
(c) The date or dates when the removal cost was incurred by the village.
(3) If, for any one parcel, the village engaged in any removal activity on more than one occasion during the course of one year, then the village may combine any or all of the costs of each of those activities into a single notice of lien.
(B) (1) The removal cost is not a lien on the underlying parcel unless a notice is personally served on, or sent by certified mail to, the person to whom was sent the tax bill for the general taxes on the property for the taxable year immediately preceding the removal activities.
(2) The notice must be delivered or sent after the removal activities have been performed, and it must:
(a) State the substance of § 11-20-15 of the Illinois Municipal Code authorizing the lien and the substance of any ordinance of the village implementing § 11-20-15;
(b) Identify the underlying parcel, by common description; and
(c) Describe the removal activity.
(C) Upon payment of the lien cost by the owner of the underlying parcel after notice of lien has been filed, the village (or its agent) shall release the lien, and the release may be filed of recorded by the owner at his or her sole expense as in the case of filing notice of lien.
(D) The provisions of the Illinois Municipal Code, specifically § 11-20-15, shall be followed and shall apply to all liens filed hereunder.
(E) A lien under this section may be enforced by proceedings to foreclose as in the case of mortgages or mechanics’ liens. An action to foreclose a lien under this section must be commenced within two years after the date of filing notice of lien unless a longer period is provided by law. The lien set forth herein shall be superior to all other liens and encumbrances, except tax liens.
(2009 Code, § 25-2-6) (Ord. 11-12, passed 9-12-2011)
Statutory reference:
Similar provisions, see 65 ILCS 5/11-20-6 and 65 ILCS 5/11-20-7