A. Village To Cut, Trim Or Remove Trees; Costs To Owner: When the owner or owners of such real estate refuse or neglect to cut, trim or remove said tree(s) as required by section 4-8-2 of this chapter, the Chief of Police shall cause said tree(s) to be cut, trimmed or removed, and the owner or owners of such real estate shall pay to the Village Collector the reasonable costs of such cutting, trimming or removal.
B. Tree Cutting, Trimming Or Removal Lien: The cost to the Village of such cutting, trimming or removal is a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided, that within sixty (60) days after said cost and expense is incurred, the Village Clerk, or person performing the service by authority of the Village, in his or its own name, shall file notice of lien in the Office of the Recorder of Deeds of DuPage County. 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 said cost and expense was incurred by the Village. However, the lien of the Village shall not be valid as to any purchaser whose rights in and to said real estate have arisen subsequent to the tree cutting, trimming or removal and prior to the filing of such notice, and the lien of the Village shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to said real estate have arisen prior to the filing of such notice.
C. Payment Of Costs And Expenses; Release Of Lien: Upon payment of the cost and expense by the owner of or persons interested in said 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. (Ord. 2014-11-34, 11-6-2014, eff. 1-1-2015)