(a) If the Director of Public Works, at the direction of the Village Manager, determines, upon good cause shown, that a property owner is unable to pay for his or her corrective costs of any project area installation let to a contractor, or is unable to pay for his or her own private installation, then the Village may assist him or her by advancing such amount of his or her estimated cost as may be necessary, in whole or in part, upon good and valuable security furnished. Such advance shall be repaid within four years thereafter by adding such amortized billing, together with a reasonable rate of interest as a surcharge, on such owner's sewer and water bill.
(b) Upon an owner's failure to timely pay his or her appropriate sewer and water bill, the Village may shut off his or her water in accordance with its authority. The Village shall not shut off such owner's water solely for failure to pay such surcharge.
(c) To further secure the Village in the repayment of any advances once made to an owner in need, the owner shall pledge or post good and sufficient security in a form and amount satisfactory to the Village Attorney. He or she shall further submit evidence of his or her title and ownership of the real estate and the contract for the corrections, upon request.
(d) For any owner who receives Village advances under this section and fails to correct his or her illegal connection, or for any owner who fails to correct his or her illegal connection once notice of the same has been sent to him or her, the Village may elect to cause such correction, pay the costs thereof and impose additional sewer and water billing as provided in subsection (a) hereof. The same procedure may be followed if such charges or surcharge rates are not paid by the owner on his or her utility bill.
In either event, a lien shall be impressed on the real estate of any property owner to which this subsection applies, pursuant to 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 Titles, 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.
(e) The Village may assist such owner, whenever practical, to cause such correction policy to be implemented.
(f) Nothing in this section shall preclude the Village from prosecuting such violations under any Federal or State law, applicable Metropolitan Sanitary District of Greater Chicago rules or these Codified Ordinances. The Village shall have other cumulative remedies it may utilize and may apply to a court of competent jurisdiction for equitable and/or legal relief as it deems appropriate.
(g) No waiver or sufference of any breach, covenant or agreement with any owner shall operate as a waiver of any subsequent breach, covenant or agreement with respect to that owner, nor shall any delay by the Village in enforcing these corrective proceedings operate as a waiver of such owner's obligation to correct his or her illegal connection, nor shall any waiver of Village enforcement to any particular owner due to his or her individual and particular circumstances operate as a waiver of any other owner's obligation under this chapter and other provisions of these Codified Ordinances, particularly Chapter 1042.
(Ord. 661. Passed 10-14-85.)