O-74-54V I L L A G E Oz.'F D E E R F I E L D
I L L I N O I S
ORDINANCE NO. 0 -74- 54
AN ORDINANCE AMENDING SECTIONS 27.104
27.105 AND 27.106 OF THE
MUNICIPAL CODE OF DEERFIELD OF 1963
PASSED and APPROVED by the
President and Board of Trustees
the 19th day of August , 1974.
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Deerfield, Illinois, the 19th
day of August , A.D. 1974.
ORDINANCE NO. 0 -74 -54
AN ORDINANCE AMENDING SECTIONS 27.104,
27.105 AND 27.106 OF THE
MUNICIPAL CODE OF DEERFIELD OF 1963
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Sections 27.104, 27.105 and 27.106 of the
ONE: Municipal Code of Deerfield of 1963, as amended,
is hereby further amended by striking said sections in their
entireties and substituting in lieu thereof the following:
"27.104 Removal of nuisances.) The Village Manager
or his representative shall give to the owner of the premises
where the nuisances described in this article are found, a
written notice of the existence of such nuisance, and requiring
the removal of the same within thirty days following receipt
of such notice, such removal to be done under the direction
and supervision of the Village Manager or his representative.
The notice shall be in the form hereinafter prescribed and
shall notify the owner of said premises that unless such
nuisance is removed in compliance with the terms thereof with-
in thirty days, the Village will proceed with the removal of
such nuisance, and assess the cost thereof against the said
property owner in the manner provided by law.
"27.105 Notice of removal to owner.) Notice to
remove such nuisance shall be given by personal service or
by registered mail, addressed to the person to whom was sent
the tax bill for general real estate taxes for the last pre-
ceding year for the property on which the diseased tree or
trees are found; such notice to be delivered or sent..not less
than thirty (30) days prior to the removal of the tree or
trees located thereon. The notice shall refer to and contain
the substance of this Section, and shall identify the property
by common description, and the tree or trees affected.
"27.106 Duty of owner to remove diseased tree or
breeding place - Lien for removal cost.) It shall thereupon
become the duty of the owner of said premises to cause such
tree or breeding place to be removed under the direction
and supervision of the Village manager or his representative.
In lieu thereof, the person charged with such removal may
request that the same be done by the Village. The cost of
such tree removal shall be borne by the owner, and if the
Village shall remove any such diseased tree or breeding place,
either at the owner's request or as a result of the owner's
failure, refusal or neglect to accomplish tree removal action,
then the cost incurred in such diseased tree or breeding place
removal shall also become a lien upon the real estate affected
until paid, superior to all other liens and encumbrances,
except tax liens; provided that notice has been 4iven as
hereinabove described, and further provided that within sixty
(60) days after such cost and expense is incurred the Village
Manager on behalf of the Village, files notice of lien in
the office of the Recorder of Deeds in the county in which
such real estate is located or in the office of the Registrar
of Titles of such county if the real estate affected is
registered under the Torrens system. The notice shall con-
sist 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 in-
curred or payable for the service, and (3) the date or dates
when such cost and expense was incurred by the Village.
However, the lien of such Village shall not be valid as to
any purchaser whose rights in and to such real estate have
arisen subsequent to the tree removal and prior to the filing
of such notice, and the lien of such Village shall not be
valid as to any mortgagee, judgment creditor or other lienor
whose rights in and to such real estate arise prior to the
filing of such notice. Upon payment of the cost and expense
by the owner of or persons interested in such property
after notice of lien has been filed, the lien shall be re-
leased by the Village and the release may be filed of record
as in the case of filing notice of lien."
SECTION That the Village Clerk is hereby directed to
TWO: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
THREE: effect from and after its passage, approval and
publication, as provided by law.
AYES: Finne, Gavin, Moate, Moses (4)
NAYS: None (0)
ABSENT: Kelm, Stiehr (2)
PASSED this 19thday of August A.D. 1974.
APPROVED this 19th day of
ATTEST:
VILLAGE CLERK
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