(A) Whenever a bill for water, and/or sewerage service remains unpaid for a period of 30 days for quarterly service after it has been rendered, such charges shall be deemed and are hereby declared to be delinquent and thereafter notice shall be sent in writing to the taxpayer whose name is shown on the tax bill for the parcel involved as the owner of the premises, as well as to the occupant(s) of the premises and the user(s) of the service, if different. Such notice shall state that the delinquency could create a lien on the real estate involved. Such delinquent charges shall constitute liens upon the real estate upon or for which the services have been supplied. The Village Clerk when directed by the appropriate village official shall file a statement of lien claim and give notice of such delinquencies in the office of the County Recorder of Deeds. The lien claim shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the village claims a lien for this amount as well as for all other charges subsequent to the period covered by the bill, including attorneys' fees and costs incurred by the village in connection with preparing and filing said lien claim and in any foreclosure of lien court proceedings. In addition, the village may also sue the owner, occupant or user of the real estate in a civil action to recover such delinquent charges. A copy of the notice of lien shall be sent to the taxpayer whose name is shown on the tax bill for the parcel involved as the owner of record. The lien authority and procedures set forth herein are additional to and separate from the power to terminate service as set forth in § 51.011 of this chapter.
(B) The failure of the Village Collector to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing sections.
(C) Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by billing 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 bill has remained unpaid for 110 days.
(Ord. 89-12-B, passed 12-26-89; Am. Ord. 93-16, passed 12-20-93)