A. Any owner and/or occupant of real estate located within the village upon which a nuisance or violation as indicated by this chapter exists shall be sent or served a notice stating the specific violation. If the violation has not been corrected within seven (7) days after receiving the notice, a citation will be issued by the village for each offense and a separate offense shall be deemed to have been committed on each day which a violation continues to occur. Fines for each offense will be as indicated in subsection D of this section. A court order will then be sought to allow the village, or a duly authorized contractor, to enter upon the property to abate the nuisance. The village will also seek reimbursement for abatement of the nuisance by court order.
B. Any costs Any costs incurred by the village or a duly authorized contractor in abating a nuisance, violation or any other charge imposed by the village under this chapter shall be a lien upon the real estate in question as authorized under the Illinois municipal code and shall be superior to all other liens and encumbrances except tax liens, provided that within sixty (60) days after such cost and expense is incurred, the village, or a contractor performing such services as authorized by the village, in his or in its own name, files notice of lien in the office of the county recorder. The notice shall 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 or payable for the service; and 3) the date or dates when such cost and expense was incurred by the village. Such lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the weed cutting or destroying and prior to the filing of the notice of lien. The lien shall not be valid as to any mortgagee, judgment creditor or other lien or whose right in and to such real estate arises prior to the filing of the notice. Upon payment of the cost and expense by the owner or other persons interested in such property after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien.
C. It shall be unlawful to design, construct, alter, enlarge, repair, demolish, remove, use or maintain any building or structure in the village of Wayne in violation of the terms and provisions of this chapter or any other applicable village ordinance.
D. Any person, firm or corporation violating the terms and provisions of this chapter shall be liable for a penalty in the amount of one hundred percent (100%) of any unpaid fee and, in addition, shall be subject to a penalty of Seven Hundred Fifty dollars ($750.00) for each day of violation. Each day that a violation of this chapter occurs shall be deemed to be a complete and separate offense. In addition, the appropriate authorities of the village may take such other action as they deem proper to enforce the terms and provisions of this chapter, including, without limitation, an administrative adjudication pursuant to Section 1-4-5 of the Village Code, or an action at law or in equity to compel compliance with its terms. Any person violating the terms or provisions of this chapter shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorney fees and any such penalties, costs, fees and other expenses incurred by the Village shall constitute a lien against the subject real property and fixtures until the Village is fully reimbursed. (Ord. 16-05, 6-7-2016; amd. Ord. 20-03, 4-21-2020)