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HB0644 Engrossed |
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LRB096 03499 RLJ 13524 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Township Code is amended by changing Section |
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| 205-75 as follows:
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| (60 ILCS 1/205-75)
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| Sec. 205-75. Liens; recovery of money due.
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| (a) Charges or rates established under this Article are |
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| liens upon the real
estate upon or for which a system is |
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| supplied. Liens do not attach to the real
estate until the |
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| charges or rates have become delinquent as provided by an
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| ordinance fixing a delinquency date.
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| (b) Nothing in this Section shall be construed to give the |
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| township board or
the township utility board a preference over |
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| the rights of any purchaser,
mortgagee, judgment creditor, or |
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| other lien holder arising before the filing of
notice of the |
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| lien in the office of the recorder of the county in which the
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| real estate is located or in the office of the registrar of |
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| titles of the
county if the property is registered under the |
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| Registered Titles (Torrens) Act.
The notice shall consist of a |
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| sworn statement setting forth (i) a description
of the real |
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| estate, sufficient for its identification, upon or for which |
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| the
system was supplied, (ii) the amount or amounts of money |
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HB0644 Engrossed |
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LRB096 03499 RLJ 13524 b |
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| due for services of
the system, and (iii) the date or dates |
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| when the amount or amounts became
delinquent.
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| (c) The township board or the township utility board may |
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| foreclose the lien
in the same manner and with the same effect |
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| as the foreclosure of mortgages on
real estate.
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| (d) The township board or the township utility board may |
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| file an action in
the circuit court to recover money due for |
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| services of a system, plus a
reasonable attorney's fee to be |
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| fixed by the court. Whenever a judgment is
entered in a civil |
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| action, the provisions of this Section with respect to
filing |
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| sworn statements of delinquencies in the office of the recorder |
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| and
creating a lien against the real estate are not effective |
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| as to the charges
sued upon, and no lien exists thereafter |
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| against the real estate for the
delinquency. A judgment in a |
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| civil action operates as a release
and waiver of the lien upon |
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| the real estate for the amount of judgement.
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| (e) The payment of delinquent charges for sewerage service |
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| to any premises may be enforced by discontinuing the water |
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| service, the sewerage service, or both to the premises. A rate |
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| or charge is delinquent if it is more than 30 days overdue. Any |
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| public or municipal corporation or political subdivision of the |
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| State furnishing water service to the premises (i) shall |
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| discontinue that service upon receiving written notice from the |
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| township board or the township utility board in which the |
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| premises lies that payment of the rate or charge for sewerage |
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| service to the premises has become delinquent and (ii) shall |
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HB0644 Engrossed |
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LRB096 03499 RLJ 13524 b |
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| not resume water service until it receives a similar notice |
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| that the delinquency has been removed. The provider of sewerage |
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| service shall not request discontinuation of water service |
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| pursuant to this subsection before sending a notice of the |
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| delinquency to the sewer user and affording the owner an |
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| opportunity to be heard. During any such hearing, the provider |
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| of sewerage service shall consider the financial ability of the |
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| user to make immediate full payment and consider the |
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| establishment of a deferred payment plan to recoup any |
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| delinquent charges. The township board or the township utility |
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| board shall reimburse the public or municipal corporation or |
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| political subdivision of the State for the reasonable cost of |
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| discontinuing and reestablishing water service to the |
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| premises. The township board or the township utility board may |
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| contract with any privately owned public utility for the |
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| discontinuance of water service to a premises with respect to |
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| which the payment for a rate or charge for sewerage service has |
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| become delinquent. The township board or township utility board |
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| shall reimburse the water service provider for any lost water |
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| service revenues due to discontinuing water service under this |
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| subsection, and shall indemnify the water service provider for |
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| any judgment and related attorney's fees resulting from an |
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| action based on any provision of this subsection.
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| (Source: P.A. 84-794; 88-62.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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