(A) The village shall have a continuing lien upon the premises and real estate upon or for which water and sewer services are supplied by the combined waterworks and sewerage system for the water or sewer fees as provided in this chapter. Every lien shall, upon compliance with the conditions set forth in this chapter, become and be prior and superior to the rights and interest of creditors, encumbrances, purchasers and other parties in interest in the premises and real estate, however, the village shall have no preference over the rights of any purchaser, mortgagee, judgment creditor of other lien holder arising prior to the filing of the notice of the liens in the office of the Recorder of the county in which the real estate is located.
(B) Notice of the lien shall be given by first class mail, postage prepaid, to the owners of record of the real estate, as referred by the taxpayers identification number. The notice shall include:
(1) A copy of each delinquency notice sent to the person who is delinquent in paying the charges or rates or other notices sufficient to inform the owner or owners of record as referred by the taxpayer’s identification number, that the charges or rates have become delinquent; and
(2) A notice that unpaid charges or rates may create a lien on the real estate.
(C) Whenever a bill for water service or wastewater service charges has been deemed delinquent, the Village Clerk shall file with the Recorder of Deeds a statement of lien claim, verified by affidavit. The statement shall contain a sufficiently correct legal description of the lot or tract of land to identify the same, the balance due including all costs and reasonable attorney’s fees after allowing all credits, and a notice that the village claims a lien for this amount. No lien shall be defeated because of an error or overcharge on the part of the village, nor shall any lien be defeated upon proof that the water or sewer connection charges were incurred by a tenant of the premises or occupant other than the owner.
(D) If payment is not made, as provided in this chapter, of any water or sewer charges when the same become due, and if the charges have become delinquent, the village may file or cause to be filed a complaint in the Circuit Court of the county for the foreclosure of the lien, or upon becoming a defendant in any pending suit affecting the premises or real estate, by answer to the complaint, petition to intervene, counter complaint or cross complaint as the Village Attorney may deem necessary to foreclose the lien. The village may proceed, in its corporate name, to foreclose the lien in like manner and with like effect as provided by the statutes of the state in foreclosure of mechanics’ liens or other statutory liens. The suit shall be commenced or answered by cross complaint filed within two years after the accrual of the water or sewer connection charges. Any decree rendered in the court may be enforced and collected as other decrees or judgments in the same court. The Village Attorney is authorized and directed to institute the foreclosure proceedings in the name of the village for the water service or wastewater service charges deemed delinquent.
(E) In addition to the remedies set forth above, the village may also file an action based upon a breach of contract or other appropriate action against the owner, occupant of persons in possession to collect on the delinquent account and to recover its costs and reasonable attorneys fees incurred therewith. The action may be filed independently of, or in addition to any lien claim, foreclosure proceeding or other proceeding instituted by the village.
(F) On any account deemed delinquent as defined herein, the owner, occupant and user of the water services shall be jointly and severally liable for the payment and satisfaction of all costs incurred by the village in any way related to all delinquent accounts. Costs include, but are not limited to, recording costs, court costs, filing fees, deposition expenses, subpoena fees, travel charges, copy and fax charges, expert witness fees, postage costs and other similar expenses. In addition, the owner, occupant and user of the water services shall be jointly and severally liable for the payment and satisfaction of all reasonable attorney’s fees incurred by the village in any way related to all delinquent accounts, whether incurred with or without a lawsuit or whether incurred with or without the recording of a lien.
(G) The remedies provided in this section for the collection of delinquent water or sewer charges shall not be construed to abridge or in any manner interfere with the right and power of the village to enforce collection thereof by any other action the village may deem necessary or appropriate. The remedies provided in this section shall be taken and held as an additional means to enforce payment of the delinquent water or sewer charges.
(Ord. VG00-324, § 13.36.030, passed 5-8-2000)