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Public Act 096-0842
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| HB0644 Enrolled |
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 |
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 |
liens upon the real
estate upon or for which a system is |
supplied. Liens do not attach to the real
estate until the |
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 |
township board or
the township utility board a preference over |
the rights of any purchaser,
mortgagee, judgment creditor, or |
other lien holder arising before the filing of
notice of the |
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 |
titles of the
county if the property is registered under the |
Registered Titles (Torrens) Act.
The notice shall consist of a |
sworn statement setting forth (i) a description
of the real |
estate, sufficient for its identification, upon or for which |
the
system was supplied, (ii) the amount or amounts of money |
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due for services of
the system, and (iii) the date or dates |
when the amount or amounts became
delinquent.
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(c) The township board or the township utility board may |
foreclose the lien
in the same manner and with the same effect |
as the foreclosure of mortgages on
real estate.
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(d) The township board or the township utility board may |
file an action in
the circuit court to recover money due for |
services of a system, plus a
reasonable attorney's fee to be |
fixed by the court. Whenever a judgment is
entered in a civil |
action, the provisions of this Section with respect to
filing |
sworn statements of delinquencies in the office of the recorder |
and
creating a lien against the real estate are not effective |
as to the charges
sued upon, and no lien exists thereafter |
against the real estate for the
delinquency. A judgment in a |
civil action operates as a release
and waiver of the lien upon |
the real estate for the amount of judgement.
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(e) The payment of delinquent charges for sewerage service |
to any premises may be enforced by discontinuing the water |
service, the sewerage service, or both to the premises. 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 the premises (i) shall |
discontinue that service upon receiving written notice from the |
township board or the township utility board in which the |
premises lies that payment of the rate or charge for sewerage |
service to the premises has become delinquent and (ii) shall |
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not resume water service until it receives a similar notice |
that the delinquency has been removed. The provider of sewerage |
service shall not request discontinuation of water service |
pursuant to this subsection before sending a notice of the |
delinquency to the sewer user and affording the owner an |
opportunity to be heard. During any such hearing, the provider |
of sewerage service shall consider the financial ability of the |
user to make immediate full payment and consider the |
establishment of a deferred payment plan to recoup any |
delinquent charges. The township board or the township utility |
board shall reimburse the public or municipal corporation or |
political subdivision of the State for the reasonable cost of |
discontinuing and reestablishing water service to the |
premises. The township board or the township utility board may |
contract with any privately owned public utility for the |
discontinuance of water service to a premises with respect to |
which the payment for a rate or charge for sewerage service has |
become delinquent. The township board or township utility board |
shall reimburse the water service provider for any lost water |
service revenues due to discontinuing water service under this |
subsection, and shall indemnify the water service provider for |
any judgment and related attorney's fees resulting from an |
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 |
becoming law.
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