A. In addition to any other remedy, charges for water and sewer service shall be a lien upon the premises as provided by statute. Whenever a bill for water or sewer service remains unpaid sixty (60) days after it has been rendered, the City Clerk may file with the Recorder of Deeds of McLean County a statement of lien claim. This statement shall contain the legal description of the premises serviced, the amount of the unpaid bill, and a notice that the City claims a lien for this amount as well as for all charges for water and sewer service subsequent to the period covered by the unpaid bill, plus recording fees and legal fees for preparation and foreclosure of the lien, as allowed by law.
B. The thirty (30) days' notice shall be mailed to the owner of the premises.
C. The failure of the City Clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclosure of the lien for unpaid water bills as mentioned in subsection D of this section.
D. Property subject to a lien for unpaid water or sewer service charges shall, after proper statutory and judicial procedures, be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deduction of costs and fees, as is the case in the foreclosure of statutory liens.
E. The City Attorney is authorized and directed to institute such foreclosure or other proceedings, including, but not limited to, small claims actions, in the name of the City, in any court having jurisdiction over such matters, against any property for which a water bill has remained unpaid sixty (60) days after it has been rendered. Where the City Clerk or City Attorney believes that a collection letter may be helpful in collecting a past due bill for a customer who has left the City, the City Attorney may write such letter. However, no small claim actions will be filed or other collection procedures initiated without the authorization of the City Water and Sewer Commissioner. (Ord. 544, 4-14-2008)