Chapter 4

4-4-1: DEFINITION: linklink

"Weeds" as used in this Chapter shall include the following: burdock, ragweed (giant), ragweed (common), thistle, cockleburr, jimpson, blue vervain, common milkweed, wild carrot, poison ivy, wild mustard, rough pigweed, lambsquarter, wild lettuce, curled dock, smart weeds (all varieties), poison hemlock and wild hemp, and all other weeds of a like kind, and all other plant materials in an untended or uncultivated state. (Ord. 93-12-636, 12-20-93)
4-4-2: WEED CUTTING REQUIRED: linklink

Every owner of real estate within the Village shall cut weeds on his property at all such times as may be necessary so that such weeds shall not exceed eight inches (8") in height. If the owner neglects or refuses to so cut the weeds, the Director of Public Works shall cause the weeds to be cut on behalf of the Village. (1989 Code)
4-4-3: WEED CUTTING LIEN: linklink

A. Notice of Lien: If the Director of Public Works causes the weeds to be cut, a notice of lien for the cost and expenses thereof incurred by the Village shall be recorded as provided in the 65 Illinois Compiled Statutes 5/11-20-7 of the Illinois Municipal Code2, as amended from time to time. The Village or the person performing the service by authority of the Village in its or his own name may file notice of lien in the office of Recorder of Deeds of Lake County. The notice of lien 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 the cost and expense was incurred by the Village, and shall be filed within sixty (60) days after the cost and expense is incurred. Notice of such lien shall be mailed to the owner of the real estate; provided, that failure to file the notice or to mail the notice, or failure of the owner to receive thenotice, shall not affect the right to foreclose the lien as provided in subsection C below.

B. Payment of Weed Cutting Cost; Release of Lien: Upon payment of the cost and expense 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 shall be filed of record in the same manner as filing notice of the lien.

C. Foreclosure of Lien: Real estate subject to a lien for unpaid cutting costs and expenses may be sold for nonpayment of the same (subject to the statutory rights of bona fide purchasers or prior lienors), and the proceeds of such sale shall be applied to pay such costs and expenses, after deducting court costs and legal fees, as in the case of the foreclosure of statutory liens. (1989 Code)

Footnote 1: See also subsection 4-2-1M of this Title.
Footnote 2: S.H.A. 65 ILCS.