(A) If any garbage bill, sanitary sewer bill, or water bill, or portion thereof, remains unpaid after the due date shown on the bill, a penalty of 10% of the fact amount of the balance shall be added to the amount due and shall become part of the charges for services provided.
(B) Garbage, sanitary sewer, or water service may be discontinued for failure to pay as required. In the event that charges are not paid by the due date on the bill, such charges shall be deemed and are hereby declared to be delinquent, and, thereafter, such delinquency shall constitute a lien(s) upon the real estate for which such serves are supplied, and the City Clerk is hereby authorized and directed to file a sworn statement showing such delinquencies in the office of the Recorder of Deeds of Ogle County, and filing of such statement shall be deemed notice for the payment of such charges for services and the city’s claim for lien. The notice shall consist of the sworn statement setting out:
(1) A legal description of the premises served;
(2) The amount of money due for such service as has been provided (exclusive of fees and costs);
(3) The date(s) when such amount became delinquent.
(C) Garbage, sanitary sewer, and/or water service will be restored when the bill has been paid in full, plus a reconnect fee of $5 and a deposit of 1.0 times the total amount owed. Such payment shall not be considered a timely payment.
(D) Foreclosure of Lien. Property subject to a lien for unpaid charges shall be foreclosed in the manner as provided by the Illinois Compiled Statutes.
(E) Copy on File. When this chapter/section shall become effective, a copy thereof properly certified by the City Clerk shall be filed in the office of the County Recorder of Deeds, and shall be deemed notice to all owners of real estate of their liability for charges for garbage, sanitary sewer, or water service supplied to any occupant or user for such services on their property.
(F) When Lien Effective. The lien provisions established in this chapter/section shall be effective beginning October 1, 2012.
(G) City’s Right to Obtain Judgment. The city, by electing to file a lien, does not waive its right to proceed to obtain a judgment against customers for the amount due and owing as a result of garbage, sanitary sewer or water service that has been provided. The city reserves the right to be reimbursed for any associated costs for filing any claim due to nonpayment or delinquent payment. This includes, but is not limited to, reasonable attorney’s fees, expenses and recording fees.
(Ord. 99-26, passed 9-7-99; Am. Ord. 12-09, passed 8-20-12)