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90_HB2716eng
65 ILCS 5/11-141-7 from Ch. 24, par. 11-141-7
65 ILCS 5/11-141-16 from Ch. 24, par. 11-141-16
Amends the Illinois Municipal Code concerning sewer
systems. Deletes the provisions providing that delinquent
sewer charges may become junior liens upon the real property
after notice to the owner and may be foreclosed in the same
manner as delinquent mortgages. Provides that delinquent
sewer charges shall become a lien upon the real property, and
charges delinquent for 6 months or more shall be certified
annually to the proper tax office to enter upon the property
tax roll for lien enforcement. Provides that a municipality
may also discontinue water or sewer service to enforce
delinquent sewer charges.
LRB9009379PTsb
HB2716 Engrossed LRB9009379PTsb
1 AN ACT concerning sanitation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Sections 11-141-7 and 11-141-16 as follows:
6 (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
7 Sec. 11-141-7. Powers. The corporate authorities of any
8 municipality that owns and operates or that may hereafter own
9 and operate a sewerage system constructed or acquired under
10 the provisions of any law of this state may make, enact, and
11 enforce all needful rules, regulations, and ordinances for
12 the improvement, care, and protection of its sewerage system
13 and any other sewer or sewerage system, located outside the
14 corporate boundary of the municipality and not owned by it,
15 that directly or indirectly connects with the municipality's
16 sewerage system, which may be conducive to the preservation
17 of the public health, comfort, and convenience, and may
18 render the sewage carried in the sewerage system of the
19 municipality harmless in so far as it is reasonably possible
20 to do so.
21 The corporate authorities of such a municipality may, by
22 ordinance, charge the inhabitants thereof for the use and
23 service of its sewerage system whether by direct or indirect
24 connection therewith within or without the corporate
25 boundary, and to establish charges or rates for that purpose.
26 The corporate authorities of such a municipality may by
27 ordinance charge the users thereof, whether they be inside of
28 or outside of the municipality, for the use and service of
29 its sewerage system whether by direct or indirect connection
30 therewith, within or without the corporate boundary, and may
31 establish charges or rates for that purpose, provided however
HB2716 Engrossed -2- LRB9009379PTsb
1 that where such users are residents of another municipality
2 with whom there is a contract for use and service of the
3 sewerage system, then such charges or rates shall be made in
4 accordance with the terms of the contract, either directly to
5 the users or to the contracting municipality as may be
6 provided by the provisions of the contract. In making such
7 rates and charges the municipality may provide for a rate to
8 the outside users in excess of the rate fixed for the
9 inhabitants of said municipality as may be reasonable. Where
10 bonds are issued as provided in Sections 11-141-2 and
11 11-141-3, the corporate authorities shall establish rates or
12 charges as provided in this section, and these charges or
13 rates shall be sufficient at all times to pay the cost of
14 operation and maintenance, to provide an adequate
15 depreciation fund, and to pay the principal of and interest
16 upon all revenue bonds issued under Sections 11-141-2 and
17 11-141-3.
18 A depreciation fund is a fund for such replacements as
19 may be necessary from time to time for the continued
20 effective and efficient operation of the system. The
21 depreciation fund shall not be allowed to accumulate beyond a
22 reasonable amount necessary for that purpose, and shall not
23 be used for extensions to the system.
24 Charges or rates shall be established, revised, and
25 maintained by ordinance and become payable as the corporate
26 authorities may determine by ordinance.
27 Such charges or rates are liens upon the real estate upon
28 or for which sewerage service is supplied whenever the
29 charges or rates become delinquent as provided by the
30 ordinance of the municipality fixing a delinquency date. A
31 lien is created under the preceding sentence only if the
32 municipality sends to the owner or owners of record, as
33 referenced by the taxpayer's identification number, of the
34 real estate (i) a copy of each delinquency notice sent to the
HB2716 Engrossed -3- LRB9009379PTsb
1 person who is delinquent in paying the charges or rates or
2 other notice sufficient to inform the owner or owners of
3 record, as referenced by the taxpayer's identification
4 number, that the charges or rates have become delinquent and
5 (ii) a notice that unpaid charges or rates may create a lien
6 on the real estate under this Section. However, the
7 municipality has no preference over the rights of any
8 purchaser, mortgagee, judgment creditor, or other lien holder
9 arising prior to the filing of the notice of such a lien in
10 the office of the recorder of the county in which such real
11 estate is located, or in the office of the registrar of
12 titles of such county if the property affected is registered
13 under "An Act concerning land titles", approved May 1, 1897,
14 as amended. This notice shall consist of a sworn statement
15 setting out (1) a description of such real estate sufficient
16 for the identification thereof, (2) the amount of money due
17 for such sewerage service, and (3) the date when such amount
18 became delinquent. The municipality shall send a copy of the
19 notice of the lien to the owner or owners of record of the
20 real estate, as referenced by the taxpayer's identification
21 number. The municipality has the power to foreclose this lien
22 in the same manner and with the same effect as in the
23 foreclosure of mortgages on real estate.
24 Except in counties with a population of more than 250,000
25 where the majority of the municipal sewerage system users are
26 located outside of the municipality's corporate limits, the
27 payment of delinquent charges for sewerage service to any
28 premises may be enforced by discontinuing either the water
29 service or the sewerage service to that premises, or both. A
30 rate or charge is delinquent if it is more than 30 days
31 overdue. Any public or municipal corporation or political
32 subdivision of the State furnishing water service to a
33 premises (i) shall discontinue that service upon receiving
34 written notice from the municipality providing sewerage
HB2716 Engrossed -4- LRB9009379PTsb
1 service that payment of the rate or charge for sewerage
2 service to the premises has become delinquent and (ii) shall
3 not resume water service until receiving a similar notice
4 that the delinquency has been removed. The provider of
5 sewerage service shall not request discontinuation of water
6 service before sending a notice of the delinquency to the
7 sewer user and affording the user an opportunity to be heard.
8 The municipality may contract with any privately owned public
9 utility for the discontinuation of water service to a
10 premises with respect to which the payment of a rate or
11 charge for sewerage service has become delinquent. The
12 municipality shall reimburse the privately owned public
13 utility, public or municipal corporation, or political
14 subdivision of the State for the reasonable cost of the
15 discontinuance and the resumption of water service, any lost
16 water service revenues, and the costs of discontinuing water
17 service. The municipality shall indemnify the privately owned
18 public utility, public or municipal corporation, or political
19 subdivision of the State for any judgment and related
20 attorney's fees resulting from an action based on any
21 provision of this paragraph.
22 The municipality also has the power, from time to time,
23 to sue the occupant or user of that real estate in a civil
24 action to recover money due for sewerage services, plus a
25 reasonable attorney's fee, to be fixed by the court. However,
26 whenever a judgment is entered in such a civil action, the
27 foregoing provisions in this section with respect to filing
28 sworn statements of such delinquencies in the office of the
29 recorder and creating a lien against the real estate shall
30 not be effective as to the charges sued upon and no lien
31 shall exist thereafter against the real estate for the
32 delinquency. Judgment in such a civil action operates as a
33 release and waiver of the lien upon the real estate for the
34 amount of the judgment.
HB2716 Engrossed -5- LRB9009379PTsb
1 (Source: P.A. 87-1197.)
2 (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
3 Sec. 11-141-16. Powers; particular locality. If after
4 the public hearing the corporate authorities of the
5 municipality adopt a resolution to proceed with the
6 construction or acquisition of the project, the corporate
7 authorities may make and enforce all needful rules and
8 regulations in connection with the construction, acquisition,
9 improvement, or extension, and with the management and
10 maintenance of the project to be constructed or acquired. The
11 corporate authorities also may establish the rate or charge
12 to each user of the sewerage system or improvement or
13 extension at a rate which will be sufficient to pay the
14 principal and interest of any bonds, issued to pay the cost
15 thereof, maintenance, and operation of the system,
16 improvement, or extension and may provide an adequate
17 depreciation fund therefor. Charges or rates shall be
18 established, revised, and maintained by ordinance and become
19 payable as the corporate authorities may determine by
20 ordinance. Such charges or rates are liens upon the real
21 estate upon or for which sewerage service is supplied
22 whenever the charges or rates become delinquent as provided
23 by the ordinance of the municipality fixing a delinquency
24 date. A lien is created under the preceding sentence only if
25 the municipality sends to the owner or owners of record of
26 the real estate, as referenced by the taxpayer's
27 identification number, (i) a copy of each delinquency notice
28 sent to the person who is delinquent in paying the charges or
29 rates or other notice sufficient to inform the owner or
30 owners of record, as referenced by the taxpayer's
31 identification number, that the charges or rates have become
32 delinquent and (ii) a notice that unpaid charges or rates may
33 create a lien on the real estate under this Section. However,
HB2716 Engrossed -6- LRB9009379PTsb
1 the municipality has no preference over the rights of any
2 purchaser, mortgagee, judgment creditor, or other lien holder
3 arising prior to the filing of the notice of such a lien in
4 the office of the recorder of the county in which such real
5 estate is located or in the office of the registrar of titles
6 of such county if the property affected is registered under
7 "An Act concerning land titles", approved May 1, 1897, as
8 amended. This notice shall consist of a sworn statement
9 setting out (1) a description of such real estate sufficient
10 for the identification thereof, (2) the amount of money due
11 for such sewerage service, and (3) the date when such amount
12 became delinquent, (4) the owner of record of the premises.
13 The municipality shall send a copy of the notice of the lien
14 to the owner or owners of record of the real estate, as
15 referenced by the taxpayer's identification number. The
16 municipality may foreclose this lien in the same manner and
17 with the same effect as in the foreclosure of mortgages on
18 real estate.
19 Except in counties with a population of more than 250,000
20 where the majority of the municipal sewerage system users are
21 located outside of the municipality's corporate limits, the
22 payment of delinquent charges for sewerage service to any
23 premises may be enforced by discontinuing either the water
24 service or the sewerage service to that premises, or both. A
25 rate or charge is delinquent if it is more than 30 days
26 overdue. Any public or municipal corporation or political
27 subdivision of the State furnishing water service to a
28 premises (i) shall discontinue that service upon receiving
29 written notice from the municipality providing sewerage
30 service that payment of the rate or charge for sewerage
31 service to the premises has become delinquent and (ii) shall
32 not resume water service until receiving a similar notice
33 that the delinquency has been removed. The provider of
34 sewerage service shall not request discontinuation of water
HB2716 Engrossed -7- LRB9009379PTsb
1 service before sending a notice of the delinquency to the
2 sewer user and affording the user an opportunity to be heard.
3 The municipality may contract with any privately owned public
4 utility for the discontinuation of water service to a
5 premises with respect to which the payment of a rate or
6 charge for sewerage service has become delinquent. The
7 municipality shall reimburse the privately owned public
8 utility, public or municipal corporation, or political
9 subdivision of the State for the reasonable cost of the
10 discontinuance and the resumption of water service, any lost
11 water service revenues, and the costs of discontinuing water
12 service. The municipality shall indemnify the privately owned
13 public utility, public or municipal corporation, or political
14 subdivision of the State for any judgment and related
15 attorney's fees resulting from an action based on any
16 provision of this paragraph.
17 The municipality also may, from time to time, sue the
18 occupant or user of the real estate in a civil action to
19 recover the money due for sewerage services, plus a
20 reasonable attorney's fee, to be fixed by the court. However,
21 whenever a judgment is entered in such a civil action, the
22 foregoing provision in this section with respect to filing
23 sworn statements of such delinquencies in the office of the
24 recorder and creating a lien against the real estate shall
25 not be effective as to the charges sued upon and no lien
26 shall exist thereafter against the real estate for that
27 delinquency. Judgment in such a civil action operates as a
28 release and waiver of the lien upon the real estate for the
29 amount of the judgment. The charge provided in this section
30 to be made against each user of an improvement or extension
31 shall be in addition to the charge, if any, made of all users
32 of the system under Section 11-141-7 and shall be kept
33 separate and distinct therefrom.
34 This amendatory Act of 1975 is not a limit on any
HB2716 Engrossed -8- LRB9009379PTsb
1 municipality which is a home rule unit.
2 (Source: P.A. 87-1197.)
3 Section 10. The Sanitary District Revenue Bond Act is
4 amended by changing Sections 1 and 7 as follows:
5 (70 ILCS 3010/1) (from Ch. 42, par. 319.1)
6 Sec. 1. When used in this Act:
7 "Sewerage system" means and includes any or all of the
8 following: a sewage treatment plant or plants, collecting,
9 intercepting and outlet sewers, force mains, conduits,
10 lateral sewers and extensions, pumping stations, ejector
11 stations, and all other appurtenances, extensions, or
12 improvements necessary or useful and convenient for the
13 collection, treatment, and disposal, in a sanitary manner, of
14 sewage and industrial wastes. The term also includes the
15 disconnection of storm water drains and constructing outlets
16 therefor, where, in any case, such work is necessary to
17 relieve existing sanitary sewers of storm water loads, in
18 order to permit the efficient operation of such sanitary
19 sewers for collection, treatment, and disposal of sewage and
20 industrial wastes.
21 "Sanitary district" means a sanitary district organized
22 and created under any of the laws of the State of Illinois
23 having a population of less than 500,000 and also means a
24 sanitary district organized under the North Shore Sanitary
25 District Act and any drainage district which comes within the
26 terms of "An Act relating to drainage districts that collect
27 and convey sewage and other wastes through long, continued
28 and common usage of district drainage facilities", enacted by
29 the 73rd General Assembly.
30 "Board of trustees" means the board of trustees of a
31 sanitary district or the commissioners of a drainage
32 district.
HB2716 Engrossed -9- LRB9009379PTsb
1 "Municipality" means a city, village, or incorporated
2 town in the State of Illinois having a population of less
3 than 500,000.
4 "Corporate authorities" means the city council or similar
5 body of cities and the board of trustees or similar body of
6 villages or incorporated towns.
7 (Source: Laws 1963, p. 2986.)
8 (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
9 Sec. 7. The board of trustees of any sanitary district
10 that owns and operates or that may hereafter own and operate
11 a sewerage system constructed or acquired under the
12 provisions of any law of this State has the power to make,
13 enact, and enforce all needful rules and regulations in the
14 construction, acquisition, improvement, extension,
15 management, and maintenance of its sewerage system and for
16 the use thereof. The board of trustees of such a sanitary
17 district also has the power to make, enact, and enforce all
18 needful rules, regulations, and ordinances for the
19 improvement, care, and protection of its sewerage system,
20 which may be conducive to the preservation of the public
21 health, comfort, and convenience, and to render the sewage of
22 the sanitary district harmless in so far as it is reasonably
23 possible to do so.
24 The board of trustees of such a sanitary district has the
25 power, by ordinance, to charge the inhabitants thereof for
26 the use and service of its sewerage system and to establish
27 charges or rates for that purpose. Where bonds are issued as
28 provided in sections 2 and 3 of this Act, the board of
29 trustees shall establish rates or charges as provided in this
30 section, and these charges or rates shall be sufficient at
31 all times to pay the cost of operation and maintenance, to
32 provide an adequate depreciation fund, and to pay the
33 principal of and interest upon all revenue bonds issued under
HB2716 Engrossed -10- LRB9009379PTsb
1 sections 2 and 3 hereof.
2 A depreciation fund is a fund for such replacements as
3 may be necessary from time to time for the continued
4 effective and efficient operation of the system. The
5 depreciation fund shall not be allowed to accumulate beyond a
6 reasonable amount necessary for that purpose, and shall not
7 be used for extensions to the system.
8 Charges or rates shall be established, revised, and
9 maintained by ordinance and become payable as the board of
10 trustees may determine by ordinance. Such charges or rates
11 shall be liens upon the real estate upon or for which
12 sewerage service is supplied; provided, however, such liens
13 shall not attach to such real estate until such charges or
14 rates have become delinquent as provided by the ordinance of
15 the sanitary district fixing a delinquency date. A lien is
16 created under the preceding sentence only if the sanitary
17 district sends to the owner or owners of record of the real
18 estate, as referenced by the taxpayer's identification
19 number, (i) a copy of each delinquency notice sent to the
20 person who is delinquent in paying the charges or rates or
21 other notice sufficient to inform the owner or owners of
22 record, as referenced by the taxpayer's identification
23 number, that the charges or rates have become delinquent and
24 (ii) a notice that unpaid charges or rates may create a lien
25 on the real estate under this Section. Nothing in this
26 Section shall be construed to give the sanitary district a
27 preference over the rights of any purchaser, mortgagee,
28 judgment creditor or other lien holder arising prior to the
29 filing in the office of the recorder of the county in which
30 such real estate is located, or in the office of the
31 registrar of titles of such county if the property affected
32 is registered under the Torrens System, of notice of said
33 lien. The notice shall consist of a sworn statement setting
34 out (1) a description of the real estate sufficient for the
HB2716 Engrossed -11- LRB9009379PTsb
1 identification thereof, upon or for which the sewerage
2 service was supplied, (2) the amount or amounts of money due
3 for such sewerage service, and (3) the date or dates when
4 such amount or amounts became delinquent. The sanitary
5 district shall send a copy of the notice of the lien to the
6 owner or owners of record of the real estate, as referenced
7 by the taxpayer's identification number. The sanitary
8 district shall have the power to foreclose such lien in like
9 manner and with like effect as in the foreclosure of
10 mortgages on real estate.
11 The payment of delinquent charges for sewerage service to
12 any premises may be enforced by discontinuing either the
13 water service or the sewerage service to that premises, or
14 both. A rate or charge is delinquent if it is more than 30
15 days overdue. Any public or municipal corporation or
16 political subdivision of the State furnishing water service
17 to a premises (i) shall discontinue that service upon
18 receiving written notice from the sanitary district in which
19 the premises lies that payment of the rate or charge for
20 sewerage service to the premises has become delinquent and
21 (ii) shall not resume water service until receiving a similar
22 notice that the delinquency has been removed. The provider of
23 sewerage service shall not request discontinuation of water
24 service before sending a notice of the delinquency to the
25 sewer user and affording the user an opportunity to be heard.
26 The sanitary district shall reimburse the public or municipal
27 corporation or political subdivision of the State for the
28 reasonable cost of the discontinuance and the resumption of
29 water service. The sanitary district may contract with any
30 privately owned public utility for the discontinuance of
31 water service to a premises with respect to which the payment
32 of a rate or charge for sewerage service has become
33 delinquent. The sanitary district shall reimburse the water
34 service provider for any lost water service revenues and the
HB2716 Engrossed -12- LRB9009379PTsb
1 costs of discontinuing water service, and shall indemnify the
2 water service provider for any judgment and related
3 attorney's fees resulting from an action based on any
4 provision of this paragraph.
5 The sanitary district also has the power, from time to
6 time, to sue the owner, occupant or user of that real estate,
7 or a person receiving any direct or indirect benefit from
8 such services, in a civil action to recover money due for
9 sewerage services, plus a reasonable attorney's fee, to be
10 fixed by the court; provided, however, that the sanitary
11 district shall give notice of its intention to bring such
12 action to the owner of record by regular mail not less than 7
13 days prior to filing such civil action.
14 Judgment in a civil action brought by the sanitary
15 district to recover or collect such charges shall not operate
16 as a release or waiver of the lien upon the real estate for
17 the amount of the judgment. Only satisfaction of the
18 judgment or the filing of a release and satisfaction of lien
19 shall release said lien. The lien for charges on account of
20 services or benefits provided for in this Section and the
21 rights created hereunder shall be in addition to and not in
22 derogation of the lien upon real estate created by and
23 imposed for general real estate taxes.
24 (Source: P.A. 87-1197.)