A. Continuing Lien. The Village shall have a continuing lien for all delinquent sewer and stormwater system service bills, charges, or fees upon the premises and real estate upon or for which such the sewer and stormwater system services are provided.
B. Enforcement. Liens imposed pursuant to this Section may be preserved and enforced in the following manner: The Village administrator shall, within six months after the due date of delinquent sewer and stormwater system service bills, charges, or fees, file or cause to be filed with the Recorder of Deeds of Lake County a claim of lien. The claim of lien shall be verified by affidavit of the Village Administrator or other Village officer with knowledge of the facts. The affidavit shall consist of a brief statement of the facts of the claim, the balance due after allowing all credits, and a legal or other sufficient description of the premises in question. No lien shall be defeated to the proper amount thereof because of an error on the part of the Village, nor shall any such lien be defeated upon proof that the sewer or stormwater system was used or contracted for by a tenant or occupant of the premises other than the owner.
C. File Petition or Complaint. If sewer and stormwater system service bills, charges, or fees are not paid when due as provided in this Article, the Village may file or cause to be filed a petition or complaint in the circuit court of Lake County for a foreclosing of the lien, or upon becoming a defendant in any pending suit affecting the lands or property in question, by answer to the bill or petition in the nature of an intervening petition, or by cross bill, and 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 mortgages.
The proceeds of the foreclosure sale, after deducting costs, shall be applied to the payment of the sewer and stormwater bill, charges, fees, and penalties due. Any decree rendered in court may be enforced and collected as other decrees or judgments rendered in the same court.
D. Additional Means Of Collection: The remedy provided in this section is an additional means to enforce payment of delinquent water bills, charges, or benefits and shall not abridge or interfere with the right and power of the village to enforce the collection of delinquent water bills, charges, or benefits by an action at law or as otherwise provided in this chapter. (Ord. 2023-12, 4-25-2023)