A. Notice To Abate: It shall be the duty of the Mayor/President or Chief of Police to serve, or cause to be served, a written notice upon the owner and/or occupant of any premises upon which litter, inoperable motor vehicles, or other nuisances have been allowed to exist.
B. Abatement By Village; Costs: If the person so served does not abate the nuisance, inoperable vehicle or litter within seven (7) days after service of said notice, the Village may, in addition to any fine imposed, proceed to abate the problem by removing the litter, inoperable vehicle or nuisance, keeping an account of the expense for the abatement, and such expense shall be charged and paid by the owner or occupant. If the expense is not paid by the owner or occupant within ten (10) days of the owner or occupant being informed of such charge, then the Village shall be entitled to take legal action to recover said expense, and in addition thereto, the Village shall be entitled to recover its reasonable attorney fees and court costs in such legal action.
C. Lien Provisions:
1. Lien Claim: In addition to subsections A and B of this section, the Village may place a lien upon the real estate from which litter, inoperable motor vehicles, or other nuisances were removed. The lien shall be in the amount of expense incurred by the Village for such abatement. To perfect such a lien, the Village must send the owner of the real estate a notice which includes: a) the amount of expense incurred by the Village in removing the litter, inoperable motor vehicle, or other nuisance; and b) a statement that if the expense remains unpaid for a period of ten (10) days beyond the date of the notice, the charges may create a lien upon the real estate.
2. Notice Of Lien:
a. If after complying with the foregoing provisions of this section, the expenses remain unpaid, the Village shall be entitled to file a notice of lien in the Office of the Recorder of Deeds, Mason or Logan County, Illinois, which notice shall consist of the following:
(1) A description of such real estate sufficient for the identification thereof;
(2) The amount of money due for the abatement of the litter, an inoperable motor vehicle, or other nuisance violation; and
(3) The date when such amount became due under the notice.
b. The Village shall send a copy of the notice of lien to the owner of record of the real estate.
C. Penalties Are Additional: The penalties prescribed in this section are in addition to and not in lieu of any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
(Ord. 19-526, 6-17-2019, eff. 6-27-2019; amd. Ord. 22-583, 10-17-2022; Ord. 23-003, 6-19-2023, eff. 6-26-2023)