A. Delinquency Declared: In the event the charges for service are not paid within thirty (30) days after rendition of the bill for such service, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquencies shall constitute liens upon the real estate for which such service is supplied. The village collector is hereby authorized and directed to file from time to time as directed by the council sworn, detailed statements showing such delinquencies in the office of the recorder of deeds of LaSalle County, and the filing of such statements shall be deemed notice of the lien for payment of the service rendered.
B. Collection Of Delinquency:
1. Duty Of Village Attorney; Liens: It shall be the duty of the village attorney or corporation counsel to assist in the collection of water and sewerage bills if the same is requested by the village collector. It shall also be the duty of the village attorney or corporation counsel to prepare all liens and lien notices against persons and owners of property, whose bills are deemed delinquent by the provisions of this chapter (and to have the village clerk sign and swear to same) and file said liens and lien notices in the office of the recorder of deeds of LaSalle County.
2. Foreclosure: The village shall have the power to foreclose such lien in like manner and with like effect as in the foreclosure of mortgages on real estate.
3. Civil Action: The village is authorized from time to time to sue the occupant or users of real estate in a civil action to recover money due for water and sewerage services, plus a reasonable attorney fee to be fixed by the court; provided, however, when judgment is obtained in such civil action, the foregoing provisions in this section with respect to filing sworn statements of such delinquencies in the office of the recorder of deeds and creating a lien against such real estate for such delinquency and judgment in such civil suit, shall operate as a release and waiver of such lien for said amount.
C. Notice Of Intention To Purchase Or Foreclose: It shall be the duty of any person about to purchase any premises within the corporate limits of the village, or of any mortgagee, trustee or lien claimant holding any mortgage, trust deed or lien against any premises within the village, to first ascertain from the office of the village clerk as to any delinquent water or sewer bill, tax, rate, rent or service that may have accrued or be against said premises, before purchasing the premises or instituting proceedings foreclosing said mortgage, trust deed, or lien and to notify the village clerk in writing as to his intention of purchasing said property or foreclosing said mortgage, trust deed or lien, and twenty four (24) hours' notice shall be deemed sufficient notice under this section.
D. Additional Remedies: In addition to any other remedy provided herein for the enforcement or collection of any water or sewer tax, rate of rent, all such rates or rents shall be a lien upon the premises and real estate upon and for which the same is used or supplied. Such liens shall attach when the water or sewer bill becomes delinquent, which is hereby declared to be fifteen (15) days after the due date of payment as set forth on said bill, and may be enforced together with the cost and penalties by foreclosure in equity in any court having jurisdiction in the same manner and with like force and effect as the foreclosure of liens of mortgages and trust deeds. (Ord. 84-05, 6-5-1984; amd. 1994 Code)