(a) There shall be established five specific areas within the Village to enable the Director of Public Works to meet his or her compliance schedules. Such areas shall be generally described by boundaries. The inspection reports from each area shall list the specific address, the name of the owner, the nature of the violation and the estimated cost of repair.
(b) The corporate authorities hereby determine that two of these areas, namely Area 2 west and Area 2 east, comprising certain portions of property within the Richton Hills subdivision, may be designated as a special service area or two special service areas, as the case may be. These special service areas are unique in that the correction of the many illegal connections therein would require considerable expense to homeowners. Village investigations find that many of these illegal connections were created when National Homes, Inc., and its successors, built FHA program housing almost two decades ago, and such violations shall be specifically corrected by special procedures set forth in this section.
Moreover, the Village has determined that one of the feasible ways to finance this project is to levy a special tax upon the specific parcels within the designated area applicable to such owners who are in violation of this chapter. This levying of taxes and the ad valorem bonds to be issued therefor could be enacted by an ordinance pursuant to Illinois R.S. Chapter 120, Sections 1301 et seq., and pursuant to Section 7(6) of Article VII of the Illinois Constitution which provides that any non-home rule Village "may levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to these areas and for the payment of debt incurred in order to provide those special services."
Once the full and complete report is furnished, as provided by this section, and the Village has determined the appropriate method of financing this project, then the Village Attorney will be authorized to present the appropriate ordinance required for these purposes to the corporate authorities for its consideration for passage. The Village Attorney is hereby authorized to retain special bond counsel and a special bond consultant whenever he or she deems it necessary.
(c) For property designated as a special service area within Area 2 west and Area 2 east, the Director of Public Works, in addition to the information required by subsection (a) hereof, shall also include in his or her inspection report the permanent index tax number, the full name of each owner of record and the legal description of the real estate in or on which there is an illegal connection to the sanitary system.
(d) Nothing in this section shall preclude any owner of property located in the designated Areas of 2 west and 2 east from independently contracting for the correction of illegal connections, and for his or her payment therefor, so long as the installation is approved by the Director and the Village Manager and is timely completed.
(e) The Village Attorney is hereby authorized and directed to negotiate with any bank to make financing plans available to property owners in Areas 2 west and 2 east, even if the Village guarantees payment of the funds borrowed to finance all or part of the corrections of any illegal connections within Areas 2 west and 2 east.
(f) If alternative financing can be arranged, or if the Village determines the designation of Areas 2 west and 2 east to be special service areas, within the meaning of Ill. R.S. Chapter 120, Sections 1301 et seq., then a lien shall be impressed on the real estate of any property owner whose corrections of illegal connections are paid for by the Village to the extent of such payment made by the Village in accordance with Illinois R.S. Chapter 24, Sections 11-138-2 and 11-138-8, and Chapter 82, Sections 72 through 75. Such lien shall commence with a notice of lien filed in the office of the County Recorder of Deeds or in the office of the Registrar of Title, as the case may be, and such notice shall consist of a sworn statement setting out the legal description, the amount of money advanced for services and the date when such amount becomes delinquent. The Village may foreclose on such lien consistent with State mortgage law proceedings.
(Ord. 661. Passed 10-14-85.)