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65 ILCS 5/11-141-7
(65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
Sec. 11-141-7.
Powers.
The corporate authorities of any municipality that
owns and operates or that may hereafter own and operate a sewerage system
constructed or acquired under the provisions of any law of this state may
make, enact, and enforce all needful rules, regulations, and ordinances for
the improvement, care, and protection of its sewerage system and any other
sewer or sewerage system, located outside the corporate boundary of the
municipality and not owned by it, that directly or indirectly connects with
the municipality's sewerage system, which may be conducive to the
preservation of the public health, comfort, and convenience, and may render
the sewage carried in the sewerage system of the municipality harmless in
so far as it is reasonably possible to do so.
The corporate authorities of such a municipality may, by ordinance,
charge the inhabitants thereof for the use and service of its sewerage
system whether by direct or indirect connection therewith within or without
the corporate boundary, and to establish charges or rates for that purpose.
The corporate authorities of such a municipality may by ordinance charge
the users thereof, whether they be inside of or outside of the
municipality, for the use and service of its sewerage system whether by
direct or indirect connection therewith, within or without the corporate
boundary, and may establish charges or rates for that purpose, provided
however that where such users are residents of another municipality with
whom there is a contract for use and service of the sewerage system, then
such charges or rates shall be made in accordance with the terms of the
contract, either directly to the users or to the contracting municipality
as may be provided by the provisions of the contract. In making such rates
and charges the municipality may provide for a rate to the outside users in
excess of the rate fixed for the inhabitants of said municipality as may be
reasonable. Where bonds are issued as provided in Sections 11-141-2 and
11-141-3, the corporate authorities shall establish rates or charges as
provided in this section, and these charges or rates shall be sufficient at
all times to pay the cost of operation and maintenance, to provide an
adequate depreciation fund, and to pay the principal of and interest upon
all revenue bonds issued under Sections 11-141-2 and 11-141-3.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the system. The depreciation fund shall not be allowed to accumulate beyond
a reasonable amount necessary for that purpose, and shall not be used for
extensions to the system.
Charges or rates shall be established, revised, and maintained by
ordinance and become payable as the corporate authorities may determine by
ordinance.
Such charges or rates are liens upon the real estate upon or for which
sewerage service is supplied whenever the charges or rates become
delinquent as provided by the ordinance of the municipality fixing a
delinquency date. A lien is created under the preceding sentence only if the
municipality sends to the owner or owners of record, as referenced by the
taxpayer's identification number, of the real estate (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. However, the municipality
has no preference over the rights of any purchaser, mortgagee, judgment
creditor, or other lien holder arising prior to the filing of the notice of
such a lien in the office of the recorder of the county in which such real
estate is located, or in the office of the registrar of titles of such county
if the property affected is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. This notice shall consist of a sworn
statement setting out (1) a description of such real estate sufficient for the
identification thereof, (2) the amount of money due for such sewerage service,
and (3) the date when such amount became delinquent. The municipality 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 municipality has the power to foreclose this lien in the same
manner and with the same effect as in the foreclosure of mortgages on real
estate.
Except in counties with a population of more than 250,000 where the majority
of the municipal sewerage system users are located outside of the
municipality's
corporate limits, the payment of delinquent charges for sewerage service to
any premises may be enforced by discontinuing either the water service or the
sewerage service to that premises, or both.
A rate or charge is delinquent if it is more than 30 days
overdue. Any public or municipal corporation
or political
subdivision of the State furnishing water service to a premises (i) shall
discontinue that service upon receiving written notice from the municipality
providing sewerage service that payment of the rate or charge for
sewerage
service to the premises has become delinquent and (ii) shall not resume water
service until receiving a similar notice that the delinquency has been removed.
The provider of sewerage service shall not request discontinuation of water
service before sending a notice of the delinquency to the sewer user and
affording the user an opportunity to be heard.
An investor-owned public utility providing water service within a municipality
that provides sewerage service may contract with the municipality to
discontinue
water service to a premises with respect to which the
payment of a rate or charge for sewerage service has become delinquent.
The municipality shall reimburse the privately owned public utility, public or
municipal corporation, or
political subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any
lost water service revenues, and the costs of discontinuing water service.
The municipality shall indemnify the privately owned public utility, public or
municipal corporation, or political subdivision of the State for any judgment
and related attorney's fees resulting from an action based on any provision of
this paragraph.
The municipality also has the power, from time to time, to sue the
occupant or user of that real estate in a civil action to recover money due
for sewerage services, plus a reasonable attorney's fee, to be fixed by the
court. However, whenever a judgment is entered in such a civil action, the
foregoing provisions in this section with respect to filing sworn
statements of such delinquencies in the office of the recorder and
creating a lien against the real estate shall not be effective as to the
charges sued upon and no lien shall exist thereafter against the real
estate for the delinquency. Judgment in such a civil action operates as a
release and waiver of the lien upon the real estate for the amount of the
judgment.
(Source: P.A. 93-500, eff. 6-1-04 .)
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