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(A) If after five day’s written notice the owner of the premises fails to cut the weeds, the Health Officer or Superintendent of Public Works may cause the weeds to be cut. The minimum charge for cutting weeds shall be $250 per cutting. In the event a larger lot or acreage shall need to be cut or if other circumstances render this minimum charge inadequate to fairly compensate the village for its labor, equipment, materials and administrative overhead, the charge shall be increased proportionate to the actual costs incurred.
(B) The officer ordering the cutting shall keep an accurate record of expenses incurred in the cutting of weeds on each parcel of real estate, including the cost of preparing the lien notice and the cost of recording, and these expenses shall become a lien upon the real estate affected, which lien shall be superior to all other liens and encumbrances except tax liens. Within 60 days after incurring the expense of cutting the weeds, the officer shall cause the Village Attorney to prepare, sign and record a notice of lien in the office of the County Recorder of Deeds. The notice shall consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The fact that an initial lien in the minimum amount of $250 is thereby claimed, and that every time weeds are cut thereafter, that the lien shall automatically increase by a minimum of $250;
(3) The fact that in addition to the basic cost for cutting, there is also a lien claimed for the expense of the Village Attorney in preparing the lien in the amount of $200 per notice, together with the recording charges imposed by the Lake County Recorder of Deeds;
(4) The day and date when the expense was incurred by the village.
(C) After notice of lien is filed with the County Recorder of Deeds, the claims set forth therein, and those incurred for similar services for the same property thereafter shall be a lien upon the real estate described therein from and after its recording until it is released as provided by law.
(D) The lien shall accrue interest on the entire unpaid balance at the rate of 1 1/2% per month commencing with the date of recording running up to and including the day that the lien is paid in full.
(E) In the event that any additional legal services are required to collect any such lien, the entire expense incurred for legal fees and costs shall be added to the amount of the lien and the same will not be released unless and until those fees and costs are paid in full.
(F) In the event the subject property is abandoned residential property, the officer may elect to utilize the lien provisions allowed for by ILCS Ch. 65, § 11-20-15.1, in lieu of the lien provisions set forth in divisions (A) through (E) of this section.
(‘79 Code, § 1002(12)) (Am. Ord. 2008-O-20, passed 9-2-08; Am. Ord. 2010-O-11, passed 6-5-10)