(A) (1) Whenever a bill for the reasonable costs of abatement or removal of a nuisance pursuant to this chapter remains unpaid for 30 days after it has been sent, the Clerk shall file a notice of lien with the County Recorder. Any notice of lien pursuant to this chapter shall be filed within 60 days after the cost and expense of abatement or removal of the nuisance has been incurred. The notice shall consist of a sworn statement setting out:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred or payable for the service; and
(c) The date of dates when such cost and expense was incurred by the municipality.
(2) However, the lien of such municipality shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the public nuisance and prior to the filing of such notice, and the lien of such municipality shall be subordinate to the lien of any mortgagee, judgment creditor, or other lien or whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed and the release may be filed or recorded as in the case of filing notice of lien.
(B) Costs and expenses under this subchapter include, but are not limited to, the actual costs and expenses in time of village employees and in materials concerning the actual actions of abatement of the nuisance pursuant to this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosure, and other related reasonable attorney’s expenses.
(C) A copy of the notice of lien shall be mailed by the Clerk to the owner of the property, or to the occupant, or to the person or persons in whose name such real estate was last billed for property tax purposes.
(D) The real estate subject to a lien for such an unpaid assessment of such costs and expenses may be sold for non-payment thereof, and the proceeds of the sale applied to pay the charges, after deducting costs.
(E) The Village Attorney may institute proceedings in the name of the village of any court having jurisdiction over such matters against any property for which such costs and expenses have remained unpaid 30 days after a statement of such costs and expenses have been mailed to the property owner, to the occupant, or to the person or persons in whose name the property was last billed for property tax purposes.
(F) Upon payment of the costs and expenses, plus interest from the date 30 days after the bill was sent after notice of lien has been filed, the Clerk shall file with the Recorder a release of the lien.
(Ord. 92-3, passed 5-5-1992)