(A) Subject to the provisions of § 95.06 of this chapter, the cost and expense of removing and disposing of junked or disabled motor vehicles or any body, part, equipment, motor and material thereof from private property shall be recoverable from the owner or owners of the real estate and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that, within 90 days after completion of the removing and disposing of such motor vehicles or their parts, the corporation counsel shall file a notice of lien for the cost and expense incurred by the village, in the office of the Recorder of Deeds in the county. Upon payment of the cost of removing and disposing of the junked or disabled motor vehicle or any body, part, equipment, motor and material thereof, the lien shall be released by the corporation counsel.
(B) The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics liens. Suit to foreclose this lien shall be commenced by the corporation counsel within three years after the date of filing of notice of lien.
(C) If payment of the village’s cost of removing and disposing of the junked or disabled motor vehicle or any body, part, equipment, motor and material thereof is not paid to the village within 15 days of the filing of the notice of lien, the corporation counsel may commence proceedings in the Circuit Court seeking a personal judgment from the owner of the subject property at the time the proceedings are commenced in the amount of the costs. The action authorized by this division (C) shall be in addition to, and without waiver of, any other remedies.
(Prior Code, § 95.07) (Ord. 89-103, passed 7-24-1989)