(A) Lien—notice of delinquency.
(1) Whenever a bill for sewer service remains unpaid for three consecutive billing cycles for the bi-monthly service after it has been rendered, the Director of Finance or his or her designee may file with the County Recorder of Deeds, a legal statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the village claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.
(2) If the user whose bill is unpaid is not the owner of the premises and the village has notice of this, notice shall be mailed to the owner of the premises if his or her address be known to the village, whenever such bill remains unpaid for three consecutive billing cycles for a bi-monthly bill after it has been rendered.
(3) The failure of the Director of Finance or his or her designee to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bill as mentioned in this section.
(B) Foreclosure of lien. Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be bill-in equity in the name of the village. The Village Attorney is hereby authorized and directed to institute such proceedings in the name of the village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid for a time period as specified in the ILCS Chapter 65, Act 5, § 11-139-8.
(Ord. 03-19, passed 10-20-2003; Am. Ord. 22-29, passed 6-6-2022)