(A) In the event any of the nuisances identified in this division exist within the Village of Wapella, the President or his or her designee shall notify, in writing, such owner, occupant, person in control, or agent to remove such public nuisance. In the event such owner, occupant, person in control, or agent cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed by a specified date, the village will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant, or person causing, permitting or maintaining the nuisance, and that such cost shall be a lien upon the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant, person in control, or agent to abate the nuisance as required by such notice shall be deemed an implied consent for the village to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant, person in control, or agent and the village. If such owner, occupant, person in control, or agent fails to abate any nuisance within the time limit specified in such notice, the village may proceed to abate such nuisance, keeping an account of the expense of the abatement as to each particular lot or tract, and such expense shall be charged and paid by such owner, occupant, person in control, or agent.
(B) Administrative expense. In addition to the actual costs to abate a nuisance, the village shall charge a $50 fee to cover a portion of the administrative costs incurred for removal of the nuisance.
(C) Lien or personal judgment. If the costs of abating or removing the nuisance remains unpaid, the Village of Wapella, at its option, may file a lien upon the real property where the nuisance was abated or removed, or commence proceedings in the circuit court seeking a personal judgment from the owner of or persons interested in such property where the nuisance was abated or removed.
(1) Lien. When the Village of Wapella exercises its right to file a lien upon the real property where the nuisance was abated or removed, the village must file a notice of lien in the office of the Recorder of Deeds of DeWitt County. Such notice shall consist of a sworn statement setting out:
(a) A description of the real estate sufficient for identification;
(b) The amount of money representing the cost and expense incurred or payable for the service; and
(c) The date or dates when such cost or expense was incurred by the municipality. This lien shall be superior to all other liens except taxes, provided, however, it shall not be valid as to any other purchaser whose right in and to such real estate have risen subsequent to the date on which such costs were incurred and prior to the filing of such notice, and a lien of the village shall not be valid as to any mortgages, judgment, creditor, or other lienor whose rights in and to such real estate arose prior to the filing of such notice. Upon payment of the costs of and expenses by the owner or any other person interested in such property after the notice of lien has been filed, the lien shall be released by the village, and the release may be filed of record as in the case of filing the notice of lien. The lien may be enforced by proceeding to foreclosure, as provided by law.
(d) 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. The notice must be delivered or sent after the removal activities have been performed, and it must: (i) state that a lien will be filed against the property for the cost of removal activities pursuant to the Illinois Municipal Code, 65 ILCS 5/11-20-15 and the village ordinance authorizing the removal of nuisances (Ord. No. 2020-10-20B); (ii) identify the underlying parcel, by common description; and (iii) describe the removal activity.
(e) Any person who performs a removal activity by the authority of the Village of Wapella may, in his or her own name, file a lien and foreclose on that lien in the same manner as the Village of Wapella as provided by law.
(2) Personal judgment.
(a) When the Village of Wapella exercises its right to obtain a personal judgment against an owner, occupant, person in control, or agent for the cost of abatement or removal of a nuisance, the village shall file an action in the circuit court against any person or persons to whom notice was sent as authorized by this chapter.
(b) Said action shall be based upon the implied consent by said persons to form a contract with the village for the abatement or removal of said nuisances. The action authorized by this division shall be in addition to, and without waiver, of any other remedy.
(D) Injunction. In addition to the remedies provided herein, the President is authorized to file an injunction or seek other equitable relief to abate any public nuisance located within or outside of the village.
(Ord. 2020-10-20B, passed 10-20-2020; Ord. 2022-12-21B, passed 12-21-2022)