(A) Any bill or invoice for solid waste collection charges shall be considered delinquent upon the expiration of the time allowed for payment as is described in § 52.03.
(B) Any person liable for solid waste collection charges who fails to pay such charges when due, or any applicable installment thereof, shall pay to the City a penalty of $5 per month for each month or part of a month within which a delinquency remains.
(C) Upon a bill becoming delinquent, the City shall attempt to verify ownership of the premises. Any costs associated with verifying ownership shall be added to the amount of the delinquency. These costs may include, but not necessarily be limited to, title search fees and attorney’s fees.
(D) Upon verifying ownership of the premises, the City shall send to the owner or owners the following: a copy of each delinquency notice sent to the person who had been paying the charges or some other notice sufficient to inform the owner or owners that the charges have become delinquent; and, a notice that the unpaid charges may create a lien on the premises receiving or benefitting from the service for the amount of the delinquency and any and all charges which subsequently become delinquent. The notice described above shall also include a statement that the owner may request a review of the charges and penalties and setting forth the circumstances under which they believe the charges and penalties should not be due and owing. Any request for review shall be submitted within 10 days of receipt of the notice of delinquency or notice of lien, whichever is earlier. Such review will be conducted by the Mayor, Public Works Director and City Comptroller. Upon conclusion of their review, the City Comptroller shall send a letter to the owner setting forth the decision. If the decision is that the charges and penalties are due and owing, the letter shall also establish a deadline for payment of the charges and penalties.
(E) Solid waste collection charges are liens upon the real estate receiving or benefitting from the collection service whenever the charges for the collection service to such real estate become delinquent.
(F) 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, Illinois. This notice shall consist of a sworn statement setting forth: a description of the real estate sufficient for the identification thereof; the amount of the delinquency; and, the date upon which such amount became delinquent. Any costs incurred by the City 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.
(G) A copy of the notice of lien described in division (F) 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, Illinois. The copy shall be sent first class mail, postage prepaid. If the owner pays the solid waste collection charges which are delinquent within the 21 days, the owner shall not be liable for the penalties assessed pursuant to division (B) above. If the owner fails to pay the solid waste collection charges which are delinquent within the 21 days, such owner shall be liable for the penalties assessed pursuant to division (B) above.
(H) 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.
(I) The City shall also have the power, from time to time, to sue the owner, occupant, user of the real estate, and any person receiving any direct or indirect benefit from the solid waste collection services, in a civil action to recover money due for such 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. Judgment 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 judgment. Only satisfaction of the judgment or the filing of a release and satisfaction of lien shall release said lien.
(J) The City shall add interest at a rate of 6% per annum on all liens filed against property owners for delinquent solid waste collection charges.
(Ord. 7638, passed 4-6-93; Am. Ord. 7658, passed 7-6-93; Am. Ord. 8210, passed 11-20-01; Am. Ord. 8307, passed 3-18-03; Am. Ord. 8464, passed 12-6-05; Am. Ord. 8627, passed 2-3-09; Am. Ord. 8657, passed 7-21-09; Am. Ord. 8687, passed 2-16-10; Am. Ord. 8786, passed 2-21-12; Am. Ord. 9213, passed 8-6-19)