A. For all violations of the nuisance provisions of this chapter (excepting violations of the tree protection provisions of article A of this chapter), the City may abate a nuisance and impose a lien on the property for the costs of such abatement pursuant to the following procedures:
1. Notice To Owner:
a. If the City Manager (or his designee) determines that a public nuisance exists on private property, a notice shall be served directing the owner, occupant, or person causing, permitting or maintaining such nuisance to abate such nuisance within twenty four (24) hours or longer if authorized by City ordinance or by the City Manager (or his designee).
b. For purposes of this section, the person to whom the last general tax bill on the property was sent shall be presumed to be the owner. Notice by regular mail to the owner or posting of notice on the front entrance to the structure or similar location shall be deemed sufficient legal notice to the owner, occupant and person causing, permitting or maintaining such nuisance. If there is no structure on the property, a sign may be posted anywhere on the premises.
2. Extension: The City Manager (or his designee) may grant additional time for the owner, occupant or person causing, permitting or maintaining such nuisance to cause the abatement of the nuisance, provided that such extension is limited to a specific time period.
3. Abatement By City: If the nuisance is not abated within the time provided, the City Manager (or his designee) may cause the abatement of such nuisance.
4. Lien For Abatement Costs And Expenses:
a. After incurring costs and expenses for abatement of a nuisance on private property, the City shall serve a notice of the amount due on the person to whom the last general tax bill on the property was sent.
b. The notice shall be served either personally or by U.S. mail and it shall include the following: 1) statement that the City has authority to abate a nuisance pursuant to this chapter and to collect its costs and expenses from the owner; 2) identify the underlying parcel by common description; and 3) describe the abatement activity and costs incurred by the City; and 4) indicate that a lien may be filed by the City against the property for remaining unpaid charges and associated City costs.
c. A second notice shall be served in the same manner if the amount remains unpaid twenty (20) days after the first notice has been served or mailed. A one-time late penalty of ten percent (10%) of the bill shall be added to the amount due.
d. If, forty five (45) days after service of the first notice, the costs and expenses incurred by the City have not been paid, the City may file a notice of lien in the Office of the McHenry County Recorder of Deeds.
e. Said notice of lien shall consist of a sworn statement including the following: 1) a description of the underlying parcel that sufficiently identifies the parcel; 2) the abatement activity and the amount of the abatement cost plus any late fees, administrative and recording costs; and 3) the date or dates when the abatement cost was incurred by the City.
f. A release of lien shall be prepared by the City for the owner to file only upon payment of the amount due plus any late fees, administrative and recording costs incurred by the City or at the direction of the City Manager (or his designee).
g. At the direction of the City Manager (or his designee), the City Attorney is authorized to file suit in a court of competent jurisdiction to foreclose on any lien recorded pursuant to this section. The City shall be entitled to recover reasonable attorney fees in any action to foreclose a lien recorded pursuant to this section.
B. The use of the remedies set forth in this section does not bar the use of any other remedy provided for under this chapter, or any other remedy as may be allowed by any other ordinance of the City or laws of the State of Illinois.
C. If the nuisance is of such threat to the welfare and safety of the community that it must be abated immediately, the City Manager (or his designee), in his or her sole discretion, is authorized to take such steps as may be necessary to affect the abatement regardless of the requirements of this section and may thereafter provide notice to the owner of such action and then follow the lien provisions of this section to recover abatement and associated costs.
(Ord. 17-O-81, 9-19-2017; amd. Ord. 19-O-74, 9-17-2019)