(a) Whenever a bill due the Village for sanitary sewer (wastewater) or water service remains unpaid for at least ten days following the hearing date referenced in Section 1040.271(c)(1)B. or Section 1046.35(a)(2), the Village shall have the right to file with the County Recorder of Deeds a statement of a lien claim. This statement of lien claim shall contain the legal description of the premises serviced, the permanent tax index number for the property, the common address, the amount of the unpaid bill, and a notice that the Village claims a lien for this amount as well as for all charges for sanitary sewer (wastewater) and/or water subsequent to the period covered by the bill. Once recorded, notice of lien shall be mailed by first-class mail to the user of the sanitary sewer (wastewater) or water service at the premises served. If the user of sanitary sewer (wastewater) or water service whose bill is unpaid is not the owner of the premises, notice of lien shall be mailed by first-class mail to the taxpayer whose name is shown on the real estate tax bill for the property involved as the owner of the premises. The failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid sanitary sewer (wastewater) and/or water service bills referenced in subsection (b) below.
(b) Property subject to a lien for unpaid sanitary sewer (wastewater) or water service charges shall be sold for nonpayment 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 foreclosures shall be by complaint in equity in the name of the Village. The Village Attorney is hereby authorized and directed to institute such proceedings in the name of the Village in any court having jurisdiction over such matters, against any property for which the sanitary sewer (wastewater) or water service bill remains unpaid for at least thirty days after a lien claim has been recorded for said unpaid amount, as directed by the
Village Manager
or his or her designee.
(c) Any lien recorded pursuant to subsection (a) above may be removed upon payment to the Village of the delinquent amount and any other monies due the Village for, or in relation to, wastewater (sanitary sewer) and/or water service, or the disconnection and/or reconnection thereof, as well as the Village's actual cost in recording and releasing the lien, said actual costs consisting of the following amounts:
(1) A charge for the preparation of the lien claim document in the amount of fifty dollars ($50.00), with said fifty dollar ($50.00) amount being adjusted annually as set forth below. Said fifty dollar ($50.00) amount, as referenced in the previous sentence, shall be indexed to the Illinois Municipal Leagues' Municipal Price Index (MPI) using 2005 as the base value, and shall be adjusted every June 1st, with any such adjustment being rounded up to the nearest whole dollar amount;
(2) The amount charged the Village by the County Recorder of Deeds for the recording of the lien;
(3) A charge for the preparation of the lien claim release document in the amount of fifty dollars ($50.00), with said fifty dollar ($50.00) amount being adjusted annually as set forth below. Said fifty dollar ($50.00) amount, as referenced in the previous sentence, shall be indexed to the Illinois Municipal Leagues' Municipal Price Index (MPI) using 2005 as the base value, and shall be adjusted every June 1st, with any such adjustment being rounded up to the nearest whole dollar amount; and
(4) The amount charged the Village by the County Recorder of Deeds for the recording of the release.
(Ord. 2006-48. Passed 12-11-06.)