Whenever a bill due the village for water service or any penalty, charge or cost of the village in seeking collection thereof remain unpaid upon the expiration of 65 days after the date of the original bill for water service, the Village Collector may file with the Recorder of Deeds in the county a statement of a lien claim containing the legal description of the premises served, the amount of the unpaid bill, penalty, charges and costs of collection, and a notice that the village claims a lien for the amount as well as for all charges for water supplied subsequent to the period covered by the bill. Whenever a bill for water service or other charges remains unpaid for 65 days after the date of the original bill, if the water consumer whose bill is unpaid is not the owner of the premises and the Village Collector has notice thereof, notice shall be mailed to the owner of the premises if his or her address is known to the Village Collector. Failure of the Village Collector to record the lien claim or to mail the notice or failure of the owner to receive the notice shall not affect the right to foreclose the lien for unpaid water bills, penalty charges and costs of collection thereof. Property subject to a lien for unpaid charges for water service, penalties, charges and costs may be sold for nonpayment of the same, and the proceeds of sale shall be applied to pay the charges, after deducting costs of the proceedings, as is the case in the foreclosure of statutory liens. The foreclosure shall be by bill in equity in the name of the village. The Village Attorney or other legal counsel retained by the village is authorized and directed to institute proceedings in the name of the village and in accordance with applicable law against any person responsible for unpaid charges and/or any property for which the bill for water service, penalty charges or costs of collection remain unpaid 65 days after the date of the original bill.
(1959 Code, § 38-10) (Ord. 820, passed 6-12-1995; Ord. 1104, passed 6-17-2013)