11-12-485 Unauthorized reconnection of cut off water supply.

   (a)   No person, unless acting under the direction of the commissioner, shall reconnect or turn back on any water supply which has been shut off or withheld by the department. The owner of the building, structure or premises for which the water is supplied, the person in possession, charge or control thereof and any person who reconnects or turns back on the water supply, shall be subject to a $500.00 fee imposed by the department of water management.

   (b)   Any person against whom the department imposes a $500.00 fee pursuant to subsection (a) shall have a right to a hearing to contest the fee, if he or she files a written demand for a hearing within 14 days from the date of notice served by the department assessing the fee. Notice may be served in person or by first class mail. The date of the notice shall be the date notice is delivered, if served in person, or the date notice is deposited in the mail, if served by first class mail. A hearing shall be conducted by the department of administrative hearings within 14 days of receipt of a written demand for a hearing, unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. A hearing held pursuant to this section shall not determine or otherwise adjudicate liability for any unpaid water rates or charges related to the department's order to shut off or withhold the water supply which was reconnected or turned back on improperly.

   (c)   Nothing in this section shall be interpreted as prohibiting the department from collecting any cost and expenses incurred as a result of the unauthorized use of the water supply reconnected in violation of this section and also any unpaid water rates, as provided by other applicable law.

(Added Coun. J. 3-28-01, p. 55444, § 5; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 11-8-12, p. 38872, § 205)

11-12-486 Annual water report.

   On or before April 1 of each year, the Commissioner and Comptroller shall submit a report to the Committee on Finance and the Committee on the Budget and Government Operations concerning water shutoffs conducted pursuant to Section 11-12-015 during the prior calendar year. The report shall indicate the number of shutoffs by category of shutoff as authorized pursuant to Section 11-12-015. The report shall also indicate the total dollar amount of arrears for each of the following property classifications:

   (a)   Single-family dwellings;

   (b)   Two-unit residential structures;

   (c)   Three-unit residential structures;

   (d)   Four-unit residential structures;

   (e)   Five-unit residential structures;

   (f)   Six to 12 unit residential structures;

   (g)   More than 12 unit residential structures;

   (h)   Combination of residential and commercial structures;

   (i)   Commercial structures;

   (j)   Industrial structures.

   The report shall also indicate, for each type of property classification listed above, (1) the number of metered and non-metered accounts that were shutoff; (2) the number of meters installed by the City on previously unmetered properties; and (3) the number of water accounts in arrears and dollar value in arrears at 30, 60, 90, 180, and 365+ days past due. The report shall also evaluate the Utility Billing Relief program's effectiveness in achieving its stated purpose, including by indicating the number of applicants for the program and the number of accounts enrolled in the program. The Commissioner or the Comptroller shall publish the report on the City website in a manner accessible for public review. When applicable, the report shall categorize the information by ZIP Code.

(Added Coun. J. 6-6-01, p. 59086, § 1; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-2-09, p. 78837, Art. 5, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 9; Amend Coun. J. 7-20-22, p. 50569, § 4; Amend Coun. J. 12-16-24, p. 22879, Art. I, § 2)

Editor's note – Coun. J. 6-6-01, p. 59086, § 1, provided for inclusion of this new section, to be numbered as § 11-12-485. Because that section already existed, this section has been added as § 11-12-486 at the discretion of the editor.

11-12-490 Enforcement of lien.

   When any water taxes, rates or rents assessed or charged, or service charges for installation or disconnection of water service assessed or charged, pursuant to ordinance remain unpaid, in whole or in part, the statutory lien upon the premises or real estate upon or for which the water was used or supplied, or the water service was installed or disconnected, for which such taxes, rates, charges or rents have been assessed or charged, may be enforced in the following manner:

   Suit may be commenced as hereinafter provided or a claim for lien in the name of the city shall be filed in the office of the recorder of deeds of Cook County or in the office of registrar of title of Cook County if the property affected is registered under the Torrens system; provided, that at least ten days before the commencement of such suit or the filing of such claim for lien, the city shall have sent a notice by mail, postage prepaid, to the premises upon or for which water was used or supplied, or the water service was installed or disconnected, addressed as follows: "To owner or owners and party or parties interested in the premises at (insert address)", which notice shall state that the city will commence such suit or file such claim for lien if the water taxes, rates, rents or charges which have become due and payable are not paid within ten days from the date of such notice.

   The claim for lien shall be verified by affidavit of the comptroller and shall consist of a brief statement of the nature of the claim including: (1) that water was furnished or water service installed or disconnected by the city; (2) a description of the premises or real property sufficient for identification upon or for which the water has been furnished or water service was installed or disconnected; (3) the quantity of water so furnished if registered by meter, or the amount of the charges for the installation or disconnection of the water service; (4) that such water was furnished at rates and charges fixed by assessment or such charges for installation or disconnection of water service were fixed as provided by ordinance if not registered by meter; (5) the amount or amounts of money due therefor; (6) the dates when such amount or amounts became due and payable; and (7) the date of mailing the notice as hereinbefore provided.

(Prior code § 185-45; Amend Coun. J. 3-28-01, p. 55444, § 4; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-2-09, p. 78837, Art. 5, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 9)

11-12-500 Foreclosure suit.

   Suit shall be commenced in the name of the city to enforce its lien by foreclosure proceedings in any court of competent jurisdiction. Any person interested in premises or real estate affected may be made a party defendant to such suit and any judgment, decree, or order of sale of the premises or real estate subject to such lien shall affect only the interests therein of the parties defendant in such suit.

(Prior code § 185-46; Amend Coun. J. 12-4-02, p. 99026, § 1.12)

11-12-510 Cumulative remedies.

   The remedy by enforcement of the lien for unpaid water bills and charges as provided in Sections 11-12-490 and 11-12-500 of this Code shall not be exclusive of any other legal remedy to collect the amount due and unpaid for water consumed or furnished to, or water service installed or disconnected for, the person liable therefor.

(Prior code § 185-46.1; Amend Coun. J. 7-20-22, p. 50569, § 4)

11-12-520 Release of lien.

   Any claim for lien or suit to enforce the same shall be released, discharged or dismissed upon payment of the water taxes, rates, rents or charges for which such claim for lien or suit has been filed, together with all recording charges, court costs and all other expenditures made or incurred by the city in perfecting and enforcing its lien.

(Prior code § 185-46.2)

11-12-530 Certification of payment.

   Unless otherwise provided by law or rule, a full payment certificate is required in all transfers of real property whether such transfers are subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code. In order to obtain a full payment certificate, an application with an application fee of $50.00 shall be made to the comptroller. Provided, however, if the property is exempt from the real property transfer tax, the full payment certificate application fee shall not be charged. If a full payment certificate was required and such certificate was not obtained when the real property was transferred, both the transferor and the transferee will be jointly and severally liable for any outstanding water or sewer charges and penalties that have accrued to the water account.

(Prior code § 185-46.3; Added Coun. J. 6-20-84, p. 7497; Amend Coun. J. 12-18-84, p. 12088; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 11-13-07, p. 15812, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. XII, § 3; Amend Coun. J. 11-16-16, p. 37901, Art. IV, § 4)