(A) (1) No person, firm, partnership, association, corporation or cooperative association shall be eligible to receive any license, permit, privilege or service from the Village of Calumet Park whenever the person, firm, partnership, association, corporation or cooperative association shall have neglected, or refused, or shall have defaulted in the payment of the Village of Calumet Park, any village tax, service charge, fee, assessment, debt or obligation of whatsoever kind.
(2) Further, whenever any such person, firm, partnership, association, corporation or cooperative association shall have neglected, or refused, or shall have defaulted in the payment to the Village of Calumet Park of any village tax, service, charge, fee, assessment, debt or obligation of whatsoever kind, and there is money owed to the person, firm, partnership, association, corporation or cooperative association from the Village of Calumet Park, the village shall not pay the indebtedness to the person, firm, partnership, association, corporation or cooperative association, until the person, firm, partnership, association, corporation or cooperative association shall have satisfied the village tax, service charge, fee, assessment, debt or obligation.
(3) Any person, firm, partnership, association, corporation or cooperative association, for the purpose of this section shall be considered indebted to the Village of Calumet Park whenever any village tax, service charge, fee, assessment, debt or obligation has remained unpaid for a period of seven days from the date of any such village tax, service charge, fee, assessment, debt or obligation shall become due the village.
(B) No official, officer or employee of the Village of Calumet Park shall issue any license, permit, grant any privilege to, nor pay any debt owed to, or deliver any service to any person, firm, partnership, association, corporation or cooperative association when any such person, firm, partnership, association, corporation or cooperative association shall have neglected, or refused, or shall have defaulted in the payment to the Village of Calumet Park of any village tax, service charge, fee, assessment, debt or obligation of whatsoever kind.
(C) In order to afford reasonable assurance against erroneous or arbitrary withholding of any license, permit, privilege or any debt owed by the Village of Calumet Park to any person, firm, partnership, association, corporation or cooperative association, written notice shall be given by the Village of Calumet Park to the person, firm, partnership, association, corporation or cooperative association informing the person, firm, partnership, association, corporation or cooperative association that no license, permit, privilege or any debt owed by the village shall be issued or paid from the date of mailing of the notice until the delinquent tax, service, charge, fee, assessment, debt or obligation shall have been paid.
(D) In order to afford reasonable assurance against erroneous or arbitrary withholding of water service and garbage disposal service from any person, firm, partnership, association, corporation or cooperative association, who shall have neglected, or refused, or shall have defaulted in the payment to the Village of Calumet Park of any village tax, service charge, fee, assessment, debt or obligation of whatsoever kind, written notice shall be given by the Village of Calumet Park to the person, firm, partnership, association, corporation or cooperative association, informing the person, firm, partnership, association, corporation or cooperative association that the water service and garbage disposal service shall be discontinued if the delinquent tax, service, charge, fee, assessment, debt or obligation continues to exist at the end of five days from the date of mailing of the notice.
(E) The form of notice as hereinabove referred to, shall be as follows:
NOTICE OF TERMINATION
TO: _____________________________
DATE OF MAILING: ______________
YOU AND EACH OF YOU ARE HEREBY NOTIFIED THAT the Village of Calumet Park, a municipal corporation, organized and existing under and by virtue of the laws of the State of Illinois:
A. HAS TERMINATED your eligibility to receive any license, permit, or privilege from the Village of Calumet Park because of your failure or refusal to pay to the Village of Calumet Park,
___________________________________ ___________________________________ ___________________________________ ________________________
B. SHALL TERMINATE WITHIN FIVE (5) DAYS of the mailing of this Notice your water service and garbage disposal service because of your failure or refusal to pay to the Village of Calumet Park,
___________________________________ ___________________________________ ___________________________________ ________________________
FURTHER, YOU AND EACH OF YOU ARE NOTIFIED THAT the amount of money now claimed to be due the Village of Calumet Park for ____________________________________
is _____________________ Dollars ($__), which amount became delinquent on ____________, 20___.
VILLAGE OF CALUMET PARK
a Municipal Corporation
BY: ___________________________________
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
__________________________ being first duly sworn on oath, deposes and says that she is the duly authorized Village Clerk of the Village of Calumet Park, and that as the Village Clerk, she has in her custody and control the books and records of the accounts of the Village of Calumet Park and that she has read the foregoing Notice of Termination and knows the contents thereof, and that all statements contained therein are true.
____________________________________
Village Clerk
Subscribed and Sworn to
before me this ______ day
of _____________, 20___.
___________________________________
Notary Public
(F) Any person, firm, partnership, association, corporation or cooperative association whose license, permit, privilege, water service or garbage disposal service are withheld, or are to be discontinued, or who shall have a debt owed to them by the Village of Calumet Park, payment of which has been prohibited by the terms of this section because of their failure to pay any village tax, service charge, fee, assessment, debt or obligation, may appeal the question of the withholding of any license, permit, privilege or the discontinuance of any water service and garbage disposal services to the Mayor. The Mayor shall have authority to make the decisions and to enter the orders as may meet the ends of justice.
(G) Notwithstanding any of the provisions of this section, at no time shall any police, fire or other emergency services be withheld from any person, firm, partnership, association, corporation or cooperative association because of their failure to pay to the Village of Calumet Park any such village tax, service charge, fee, assessment, debt or obligation.
(H) Whenever any person, firm, partnership, association, corporation or cooperative association, or any other user of services or a owner of a building which has received services from the Village of Calumet Park shall have defaulted in the payment to the Village of Calumet Park, of any tax, service charge, fee, assessment, debt or obligation, of whatsoever kind, for a period in excess of 30 days from the date the obligation has become due to the village, the Village of Calumet Park may sue the obligor of the debt, or the owner of the real estate which is the recipient of the services in a civil action to recover the money due for services rendered plus a reasonable attorney's fee to be fixed by the court.
(I) (1) At any time that any person, firm, partnership, association, corporation or cooperative association or building owner to which the Village of Calumet Park has provided water services and the bill for the services has remained unpaid for a period in excess of 60 days, the Village of Calumet Park may perfect a lien upon the real estate upon which the water service has been provided.
(2) Any charges for water supplied by the Village of Calumet Park may create a lien upon the real estate upon or for which water services is supplied whenever the charges or rates become delinquent as provided by this section. A lien is created under the preceding sentence only if the Village of Calumet Park sends to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number: a copy of each delinquency notice sent to the person who is delinquent in paying the charges or rates or other notices sufficient to inform the owner or owners of record, as referenced by the taxpayer's identification number, that the charges or rates have become delinquent; and a notice that unpaid charges or rates may create a lien on the real estate under this section.
(J) The form of the notice as referred to in the preceding section shall be as follows:
NOTICE OF DELINQUENCY
TO OWNER OF RECORD _____________________
_____________________
_____________________
DATE OF MAILING _____________________
Real Estate Tax I.D. No.: _____________________
Address of Property: __________________________
____________________________________
___________________________________
YOU AND EACH OF YOU ARE HEREBY NOTIFIED by the Village of Calumet Park, a municipal corporation, organized and existing under and by virtue of the Laws of the State of Illinois:
A. That payment for water services at the above address are delinquent in accordance with the notice or notices copies of which are attached.
B. The unpaid charges may create a lien on the above-referenced parcel of real estate.
C. The total amount remaining unpaid as of the date of this notice is $____, which amount became delinquent on the ____________, 20____.
VILLAGE OF CALUMET PARK,
a Municipal Corporation,
By: __________________________________
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
_______________________ being first duly sworn on oath, deposes and says that she is the duly authorized Village Clerk of the Village of Calumet Park, and that as the Village Clerk, she has in her custody and control the books and records of the accounts of the Village of Calumet Park and that she has read the foregoing notice of delinquency and knows the contents thereof, and that all statements contained therein are true.
____________________________________
Village Clerk
Subscribed and sworn to before me this
_____ day of ____________, 20__.
________________________________
Notary Public
(Ord. 96-669, passed 2-22-1996)