(55 ILCS 5/5-15021) (from Ch. 34, par. 5-15021)
Sec. 5-15021.
Rules and regulations; liens;
discontinuance of service. Rules and regulations governing the
maintenance and operation of the waterworks properties, or sewage
facilities, or waste management facilities, as the case
may be, shall be established from time to time by ordinance, and rates
and charges for use and service for all purposes, including charges to
connect to such properties or facilities, and which may include the
imposition of interest and penalties for failure to make payments when
due, except for charges or rates established by contract for a wholesale
supply of water as herein authorized shall be established, revised,
maintained, be due and payable, and be in force as the county board may
determine by separate ordinances, and rates or charges established by
the board shall not be subject to any statutory regulations covering
rates and charges for similar service by privately owned waterworks,
sewage facilities or waste management facilities.
Any ordinance establishing rules and regulations or rates or charges
for the use and service shall be published within 30 days after its
adoption in a newspaper published and of general circulation in the
county, and if there be no such newspaper then such ordinance shall be
posted in not less than 10 of the most public places in the county, and
shall become effective 10 days after such publication or posting as the
case may be.
Rates and charges for the use and service of the county's waterworks
properties and sewage facilities (except for rates or charges for a
wholesale supply of water or wholesale sewerage service as herein
authorized) shall be liens upon the real estate to which water or
sewerage service is supplied whenever the rates or charges become
delinquent as provided by an ordinance of the county fixing a delinquency date.
A lien is created under the preceding sentence only if the county sends
to the owner or owners of record of the real estate, as referenced by the
taxpayer's identification number, (i) a copy of each delinquency notice sent to
the person who is delinquent in paying the charges or rates or other notice
sufficient to inform the owner or owners of record, as referenced by the
taxpayer's identification number, that the charges or rates have become
delinquent and (ii) a notice that unpaid charges or rates may create a lien on
the real estate under this Section. The county shall have no preference in any
such lien over the rights of any purchaser, mortgagee, judgment creditor or any
lien holder arising prior to the notice of filing of such lien in the
office of the recorder of the county in which the real estate
is located. This notice shall consist of a statement sworn to by an
authorized officer or employee of the county setting out (1) a
description of such real estate sufficient for the identification
thereof, (2) the amount of money due for such water or sewerage service
and (3) the date when such amount became delinquent.
The county shall send a copy of the notice of the lien to the owner or
owners of record of the real estate, as referenced by the taxpayer's
identification number. The county shall have the power to foreclose this lien
in the same manner and with the same effect as in the foreclosure of mortgages
on real estate.
The payment of rates and charges for water services to any premises
may be enforced by discontinuing the water service to such premises, and
the payment of charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage
service to such premises, or both. Any public or municipal corporation
or political subdivision of the State furnishing water service to a
premises shall discontinue such service upon receiving written notice
from the county that a rate or charge for sewerage service has become
delinquent, and shall not resume water service until receiving a like
notice that such delinquency has been removed. The county shall
reimburse any such public or municipal corporation or political
subdivision of the State for the reasonable cost of any such
discontinuance and resumption of water service. The county may contract
with any privately owned public utility for the discontinuance of water
service to a premises on account of which a rate or charge for sewerage
service has become delinquent.
(Source: P.A. 86-962; 87-1197.)
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