(A) Whenever a bill for water and/or sewer service remains unpaid for 60 days for monthly service or 60 days for quarterly service after it has been rendered, the Village Clerk shall record with the County Recorder of Deeds a notice of lien. This notice 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 charges subsequent to the period covered by the bill. In addition to the amount of the charges for water, the village shall be entitled to collect interest at the rate provided for judgments prescribed by ILCS Ch. 735, Act 5, § 2-1303 or any successor statute, and such interest shall commence running from the date of recording of the notice of lien up through and including the date of payment in full of the entire amount of the lien. Further, the village shall be entitled to reimbursement for the entire expense of collection of the lien, including, but not limited to, all attorney’s fees, court costs, title searches, recording charges, fees for service of process and court reporter’s fees for transcripts or copies.
(B) If the user whose bill is unpaid is not the owner of the premises and the Village Clerk has notice of this, notice shall be mailed to the owner of the premises if his or her address is known to the Clerk, whenever such bill remains unpaid for the period of 60 days for a monthly bill or 60 days for a quarterly bill after it has been rendered.
(C) The failure of the Village Clerk 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.
(D) 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 a complaint in chancery brought in the name of the village. The Village Attorney is hereby authorized and directed to institute proceedings in any court having jurisdiction over such matters against any property for which the bill has remained unpaid 60 days in the case of a monthly bill or 60 days in the case of a quarterly bill after it has been rendered.
(E) At any time before or after the hearing is held, at any time before or after notice of termination, and at any time after termination, the delinquent user shall have the right to have said services reinstated upon payment of the delinquent bill in full plus any necessary costs assessed for the conduct of the hearing and for labor and materials necessarily required to terminate and reinstate the water service of said user, in the amount as now or hereinafter provided by ordinance of the village, or as now or hereinafter determined by the President and Board of Trustees of the village.
('79 Code, § 1102) (Ord. 1983-O-5, passed 4-19-83; Am. Ord. 2008-O-21, passed 9-2-08)