(A) Charges for water and sewer service shall be a lien upon the premises as provided by statute. Whenever a bill for water or sewer service remains unpaid 40 days after it has been rendered, the Clerk may file with the Recorder of DeWitt County a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and notice that the city claims a lien for this amount as well as for all charges for water and sewer service subsequent to the period covered by the bill.
(B) If the consumer of water or sewer service whose bill is unpaid is not the owner of the premises and the Clerk has notice of this, then notice shall be mailed to the owner of the premises, if his address is known to the Clerk, whenever such bills remain unpaid for a period of 40 days after it has been rendered.
(C) The failure of the Clerk to record such lien claim 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 water bills as mentioned in the following section.
(D) Property subject to a lien for unpaid water or sewer service charges shall be sold for non-payment of the same, and the proceeds of such 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 by bill in equity in the name of the city.
(E) The City Attorney is hereby authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters, against any property for which water bill has remained unpaid 40 days after it has been rendered.
(Ord. 651, passed 8-21-95)