§ 51.37  DELINQUENT BILLS; LIEN.
   (A)   If the charges for sewer services become delinquent, such services may be discontinued and shall not be reinstated until all claims are settled.
   (B)   Sewer charges are liens upon the real estate whenever the charges for sewer service to such real estate become delinquent.
   (C)   The City has no preference over the rights of any purchaser, mortgagee, creditor, or other lien-holder arising prior to the filing of the notice of such lien in the office of the Recorder of Deeds of Vermilion County.  This notice shall consist of a sworn statement setting forth: a description of the real estate sufficient for the identification thereof; the amount of money due for sewer services; and, the date when such amount became delinquent.  Any costs incurred in preparing, filing and recording the notice of lien shall be included in the amount of the lien. These costs may include, but not necessarily be limited to, attorney’s fees and filing and recording charges.
   (D)   A copy of the notice of lien described in subsection (C) above shall be sent to the owner or owners of record at the last known address no less than 21 days prior to filing such notice in the office of the Recorder of Deeds of Vermilion County.  The copy shall be sent first class mail, postage prepaid.
   (E)   The City shall have the power to foreclose the lien created by this section in the same manner and with the same effect as in the foreclosure of mortgages on real estate.
   (F)   The City shall also have the power, from time to time, to sue the owner, occupant, user of that real estate, and any person receiving any direct or indirect benefit from such services, in a civil action to recover money due for sewer services plus reasonable attorney's fees and costs of suit; provided however, that the City shall give notice of its intention to bring such action to the owner  or owners of record by regular mail not less than seven days prior to filing such civil action.  Judgement in a civil action brought by the City to recover or collect such charges shall not operate as a release or waiver of the lien upon the real estate for the amount of the judgement.  Only satisfaction of the judgement or the filing of a release and satisfaction of lien shall release said lien.
   (G)   The City shall add interest at a rate of 6% per annum on all liens filed against property owners for delinquent sewer services bills.
   (H)   The City may also utilize any available state tools such as IDROP, federal programs, collection agencies, or any other means and methods that are available to collect payment for past due and delinquent bills.
(Ord. 7193, passed 7-29-86; Am. Ord. 8055, passed 12-7-99; Am. Ord. 8091, passed 4-18-00; Am. Ord. 8442, passed 8-16-05; Am. Ord. 8463, passed 12-6-05; Am. Ord. 8781, passed 1-17-12; Am. Ord. 9290, passed 11-3-20)