A. Fee Established: There is hereby established a disconnection fee to offset the adverse effect over a forty (40) year period for any property or territory which disconnects from the Village or otherwise causes said property to be exempt or otherwise removed from the tax rolls as maintained by the County Assessor. The fee shall be equal to four hundred one thousand nine hundred sixty dollars ($401,960.00) per acre or portion thereof of industrial/commercial property which is removed from the Village's tax base by disconnection, tax exemption or otherwise, and one hundred thirty five thousand three hundred sixty dollars ($135,360.00) per acre or portion thereof for any residential property which is removed from the Village's tax base by disconnection, tax exemption or otherwise.
B. Notice: Any person, firm, corporation or other entity or owner of property who owns property in Elk Grove Village and who attempts to remove said property from the Village's tax base shall first notify the Village Clerk of such removal, prior to the date the removal becomes effective. The notice shall contain the following:
1. The address and property identification number (PIN) of the property.
2. A plat of survey which sets forth the amount of acreage being removed.
3. The name and address (if different from the property being removed) of the owner, and in the case of a trust, the beneficiary of such trust; or in the case of a corporation or partnership, the names of the shareholders and partners as the case may be.
4. The method whereby the property is being removed from the tax base and any documentation directly causing such property to be so removed, whether by petitions to disconnect, court order, petitions to exempt or otherwise.
C. Statement Of Required Fee/Time Of Payment: Upon receipt of the notice required herein, the Village Clerk in conjunction with the Department of Finance shall calculate the fee that is due and owing to the Village, and provide, by certified mail, a statement to the owner or agent of the owner, setting forth the amount of the fee. Payment shall be made to the Village of Elk Grove Village and must be received within thirty (30) days from the date the statement is received.
D. Express Contract: An act of disconnection, being voluntary, shall constitute an agreement to the terms herein and shall be binding as an express contract.
E. Lien: The amount of fee, as calculated hereunder, if not paid prior thereto, shall, on the date the removal becomes effective, be a lien upon the property being disconnected, notice of which shall be recorded with the Recorder of Titles of the County in which the property is located. The notice shall consist of a sworn statement setting out a description of such property sufficient for the identification thereof, the amount of fees due and unpaid, and the date when such unpaid fee became due. The Village may foreclose this lien in the same manner and with the same effect as in the foreclosure of any other lien, including foreclosure of mortgages on real estate. The lien and right to foreclose the lien shall be in addition to and not in derogation of any other remedy or right of recovery, in law or equity, that the Village may have to recover money or fees due it. In the event of an action to foreclose or recover money due for fees, the Village shall also recover costs incurred, including a reasonable attorney fee, to be fixed by the court.
F. Severability: If any provision, section or portion of this section or its application to any person, firm, corporation or other entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, sections or portions of this section and, to that end, any provisions, sections or portions of this section are declared to be severable.
(Ord. 2901, 7-23-2002)