(A) After notification to the President and Board of Trustees by the Village Manager that no action is being taken to demolish or repair a dangerous or abandoned building or structure, the President and Board of Trustees may authorize the Village Attorney to apply to the Circuit Court of Cook County for an order authorizing the demolition or repair of a dangerous or abandoned building or structure, as defined herein, in addition to the penalties provided for in § 101.99, if the owners therof, including the lien holders of record after at least 15 days' written notice by mail to do so, have failed to put such building or structure in a satisfactory condition or to demolish it. It is not a defense to such cause of action that the building is boarded-up or otherwise enclosed.
(B) Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building or structure, including the lien holders of record, is not ascertainable, notice mailed to the person or person in whose name such real estate was last assessed is sufficient notice under this section.
(C) The cost of such demolition or repair incurred by the village or by a lien holder of record is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes, provided that the village or the lien holders of record who incurred such cost and expense shall file notice of lien of such cost and expense incurred in the office of the Recorder of Deeds of Cook or Will Counties or in the Office of the Registrar of Titles of Cook County, if the real estate affected is registered under the Torens system, whichever is applicable.
The notice must consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred; and
(3) The date or dates when the cost and expense was incurred by the village or by the lien holder of record.
(D) Upon payment of the cost and expense, including the cost of recording the notice and, in addition, the payment of a $15 release fee, by the owner of or persons interested in the property after notice of lien has been filed, a release of the lien by the village or person in whose name the lien has been filed shall be delivered to the person so paying the cost and expenses. The lien may be enforced by proceedings to foreclose as in the case of a mortgage or mechanic's lien.
(Ord. 87-0-045, passed 8-4-87)