(a) Delinquent Bills. If the charges for public utility services are delinquent, such services shall be discontinued as provided in Section 1038.23 and shall not be reinstated until all claims are settled.
(b) Lien; Notice of Delinquency.
(1) Such charges or rates and delinquency charges are liens upon the real estate upon or for which service is supplied whenever the charges or rates become delinquent, and the service is furnished to the premises by the City only upon the condition that the charges or rates and delinquency charges shall become a lien upon the premises when the charges or rates become delinquent.
(2) A lien is created only if the City Collector sends to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number:
A. A copy of each delinquency notice sent to the person who is delinquent in paying the charges or rates or other notice sufficient to inform the owner or owners of record, as referenced by the taxpayer's identification number, that the charges or rates have become delinquent; and
B. A notice that unpaid charges or rates may create a lien upon the real estate.
(c) Notice of Lien.
(1) Whenever a bill for public utility services becomes delinquent, and after the notice of delinquency is sent to the owner or owners of record, the City Collector shall file with the County Recorder of Deeds a notice of lien claim. This notice shall consist of a sworn statement setting out:
A. A description of the real estate sufficient for the identification thereof;
B. The amount of money due for such service; and
C. The date when such amount became delinquent.
(2) The City Collector shall send a copy of the notice of the lien to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number.
(d) Foreclosure of Lien. Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges and attorneys fees, 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. 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 the bill becomes delinquent.
(e) Legal Action. The City also has the power from time to time to sue the named customer, occupant, user and owner of the premises in a civil action to recover the money due for services rendered, plus reasonable attorney's fees, to be fixed by the court. Whenever a judgment is entered in such civil action, the foregoing provisions in this section with respect to filing sworn statements of such delinquencies in the office of the recorder and creating a lien against the real estate shall not be effective thereafter as to charges or rates sued upon and no lien shall exist thereafter against the real estate for the delinquency. A judgment in such civil action operates as a release and waiver of the lien for the amount of judgment.
(Ord. 2016-01-1. Passed 1-13-16.)
Statutory reference:
Similar provisions, see 65 ILCS 5/11-139-8