Full Text of SB2825 93rd General Assembly
SB2825 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2825
Introduced 2/5/2004, by Todd Sieben SYNOPSIS AS INTRODUCED: |
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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 |
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Amends the Illinois Municipal Code concerning solid waste disposal service, except in counties with more than 250,000 inhabitants where the majority of the municipal sewerage system users are located outside the municipality. Authorizes discontinuance of solid waste disposal service to a premises within a sanitary district when payment of the rate or charge for solid waste disposal service to the premises has become delinquent. States that the provider of solid waste disposal service shall not request discontinuation of solid waste disposal service before sending a notice of the delinquency to the user and affording the user an opportunity to be heard. Defines "solid waste". Effective June 1, 2004.
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A BILL FOR
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SB2825 |
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LRB093 21004 MKM 47012 b |
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| AN ACT concerning sanitation.
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| Be it enacted by the People of the State of Illinois,
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| 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:
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| (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
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| (Text of Section before amendment by P.A. 93-500 )
| 8 |
| Sec. 11-141-7. The corporate authorities of any | 9 |
| municipality that owns and
operates or that may hereafter own | 10 |
| and operate a sewerage system
constructed or acquired under the | 11 |
| provisions of any law of this state may
make, enact, and | 12 |
| enforce all needful rules, regulations, and ordinances for
the | 13 |
| improvement, care, and protection of its sewerage system and | 14 |
| any other
sewer or sewerage system, located outside the | 15 |
| corporate boundary of the
municipality and not owned by it, | 16 |
| that directly or indirectly connects with
the municipality's | 17 |
| sewerage system, which may be conducive to the
preservation of | 18 |
| the public health, comfort, and convenience, and may render
the | 19 |
| sewage carried in the sewerage system of the municipality | 20 |
| harmless in
so far as it is reasonably possible 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 boundary, | 25 |
| and to establish charges or rates for that purpose.
The | 26 |
| corporate authorities of such a municipality may by ordinance | 27 |
| charge
the users thereof, whether they be inside of or outside | 28 |
| of the
municipality, for the use and service of its sewerage | 29 |
| system whether by
direct or indirect connection therewith, | 30 |
| within or without the corporate
boundary, and may establish | 31 |
| charges or rates for that purpose, provided
however that where | 32 |
| such users are residents of another municipality with
whom |
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LRB093 21004 MKM 47012 b |
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| there is a contract for use and service of the sewerage system, | 2 |
| then
such charges or rates shall be made in accordance with the | 3 |
| terms of the
contract, either directly to the users or to the | 4 |
| contracting municipality
as may be provided by the provisions | 5 |
| of the contract. In making such rates
and charges the | 6 |
| municipality may provide for a rate to the outside users in
| 7 |
| excess of the rate fixed for the inhabitants of said | 8 |
| municipality as may be
reasonable. Where bonds are issued as | 9 |
| provided in Sections 11-141-2 and
11-141-3, the corporate | 10 |
| authorities shall establish rates or charges as
provided in | 11 |
| this section, and these charges or rates shall be sufficient at
| 12 |
| all times to pay the cost of operation and maintenance, to | 13 |
| provide an
adequate depreciation fund, and to pay the principal | 14 |
| of and interest upon
all revenue bonds issued under Sections | 15 |
| 11-141-2 and 11-141-3.
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| A depreciation fund is a fund for such replacements as may | 17 |
| be necessary
from time to time for the continued effective and | 18 |
| efficient operation of
the system. The depreciation fund shall | 19 |
| not be allowed to accumulate beyond
a reasonable amount | 20 |
| necessary for that purpose, and shall not be used for
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| extensions to the system.
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| Charges or rates shall be established, revised, and | 23 |
| maintained by
ordinance and become payable as the corporate | 24 |
| authorities may determine by
ordinance.
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| Such charges or rates are liens upon the real estate upon | 26 |
| or for which
sewerage service is supplied whenever the charges | 27 |
| or rates become
delinquent as provided by the ordinance of the | 28 |
| municipality fixing a
delinquency date. A lien is created under | 29 |
| the preceding sentence only if the
municipality sends to the | 30 |
| owner or owners of record, as referenced by the
taxpayer's | 31 |
| identification number, of the real estate (i) a copy of each
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| delinquency notice sent to the person who is delinquent in | 33 |
| paying the charges
or rates or other notice sufficient to | 34 |
| inform the owner or owners of record, as
referenced by the | 35 |
| taxpayer's identification number, that the charges or rates
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| have become delinquent and (ii) a notice that unpaid charges or |
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LRB093 21004 MKM 47012 b |
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| rates may
create a lien on the real estate under this Section. | 2 |
| However, the municipality
has no preference over the rights of | 3 |
| any purchaser, mortgagee, judgment
creditor, or other lien | 4 |
| holder arising prior to the filing of the notice of
such a lien | 5 |
| in the office of the recorder of the county in which such real
| 6 |
| estate is located, or in the office of the registrar of titles | 7 |
| of such county
if the property affected is registered under "An | 8 |
| Act concerning land titles",
approved May 1, 1897, as amended. | 9 |
| This notice shall consist of a sworn
statement setting out (1) | 10 |
| a description of such real estate sufficient for the
| 11 |
| identification thereof, (2) the amount of money due for such | 12 |
| sewerage service,
and (3) the date when such amount became | 13 |
| delinquent. The municipality shall
send a copy of the notice of | 14 |
| the lien to the owner or owners of
record of the real estate, | 15 |
| as referenced by the taxpayer's identification
number. The | 16 |
| municipality has the power to foreclose this lien in the same
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| manner and with the same effect as in the foreclosure of | 18 |
| mortgages on real
estate.
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| The municipality also has the power, from time to time, to | 20 |
| sue the
occupant or user of that real estate in a civil action | 21 |
| to recover money due
for sewerage services, plus a reasonable | 22 |
| attorney's fee, to be fixed by the
court. However, whenever a | 23 |
| judgment is entered in such a civil action, the
foregoing | 24 |
| provisions in this section with respect to filing sworn
| 25 |
| statements of such delinquencies in the office of the recorder | 26 |
| and
creating a lien against the real estate shall not be | 27 |
| effective as to the
charges sued upon and no lien shall exist | 28 |
| thereafter against the real
estate for the delinquency. | 29 |
| Judgment in such a civil action operates as a
release and | 30 |
| waiver of the lien upon the real estate for the amount of the
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| judgment.
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| (Source: P.A. 87-1197.)
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| (Text of Section after amendment by P.A. 93-500 )
| 34 |
| Sec. 11-141-7. Powers. The corporate authorities of any | 35 |
| municipality that
owns and operates or that may hereafter own |
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LRB093 21004 MKM 47012 b |
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| and operate a sewerage system
constructed or acquired under the | 2 |
| provisions of any law of this state may
make, enact, and | 3 |
| enforce all needful rules, regulations, and ordinances for
the | 4 |
| improvement, care, and protection of its sewerage system and | 5 |
| any other
sewer or sewerage system, located outside the | 6 |
| corporate boundary of the
municipality and not owned by it, | 7 |
| that directly or indirectly connects with
the municipality's | 8 |
| sewerage system, which may be conducive to the
preservation of | 9 |
| the public health, comfort, and convenience, and may render
the | 10 |
| sewage carried in the sewerage system of the municipality | 11 |
| harmless in
so far as it is reasonably possible to do so.
| 12 |
| The corporate authorities of such a municipality may, by | 13 |
| ordinance,
charge the inhabitants thereof for the use and | 14 |
| service of its sewerage
system whether by direct or indirect | 15 |
| connection therewith within or without
the corporate boundary, | 16 |
| and to establish charges or rates for that purpose.
The | 17 |
| corporate authorities of such a municipality may by ordinance | 18 |
| charge
the users thereof, whether they be inside of or outside | 19 |
| of the
municipality, for the use and service of its sewerage | 20 |
| system whether by
direct or indirect connection therewith, | 21 |
| within or without the corporate
boundary, and may establish | 22 |
| charges or rates for that purpose, provided
however that where | 23 |
| such users are residents of another municipality with
whom | 24 |
| there is a contract for use and service of the sewerage system, | 25 |
| then
such charges or rates shall be made in accordance with the | 26 |
| terms of the
contract, either directly to the users or to the | 27 |
| contracting municipality
as may be provided by the provisions | 28 |
| of the contract. In making such rates
and charges the | 29 |
| municipality may provide for a rate to the outside users in
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| excess of the rate fixed for the inhabitants of said | 31 |
| municipality as may be
reasonable. Where bonds are issued as | 32 |
| provided in Sections 11-141-2 and
11-141-3, the corporate | 33 |
| authorities shall establish rates or charges as
provided in | 34 |
| this section, and these charges or rates shall be sufficient at
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| all times to pay the cost of operation and maintenance, to | 36 |
| provide an
adequate depreciation fund, and to pay the principal |
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LRB093 21004 MKM 47012 b |
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| of and interest upon
all revenue bonds issued under Sections | 2 |
| 11-141-2 and 11-141-3.
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| A depreciation fund is a fund for such replacements as may | 4 |
| be necessary
from time to time for the continued effective and | 5 |
| efficient operation of
the system. The depreciation fund shall | 6 |
| not be allowed to accumulate beyond
a reasonable amount | 7 |
| necessary for that purpose, and shall not be used for
| 8 |
| extensions to the system.
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| Charges or rates shall be established, revised, and | 10 |
| maintained by
ordinance and become payable as the corporate | 11 |
| authorities may determine by
ordinance.
| 12 |
| Such charges or rates are liens upon the real estate upon | 13 |
| or for which
sewerage service is supplied whenever the charges | 14 |
| or rates become
delinquent as provided by the ordinance of the | 15 |
| municipality fixing a
delinquency date. A lien is created under | 16 |
| the preceding sentence only if the
municipality sends to the | 17 |
| owner or owners of record, as referenced by the
taxpayer's | 18 |
| identification number, of the real estate (i) a copy of each
| 19 |
| delinquency notice sent to the person who is delinquent in | 20 |
| paying the charges
or rates or other notice sufficient to | 21 |
| inform the owner or owners of record, as
referenced by the | 22 |
| taxpayer's identification number, that the charges or rates
| 23 |
| have become delinquent and (ii) a notice that unpaid charges or | 24 |
| rates may
create a lien on the real estate under this Section. | 25 |
| However, the municipality
has no preference over the rights of | 26 |
| any purchaser, mortgagee, judgment
creditor, or other lien | 27 |
| holder arising prior to the filing of the notice of
such a lien | 28 |
| in the office of the recorder of the county in which such real
| 29 |
| estate is located, or in the office of the registrar of titles | 30 |
| of such county
if the property affected is registered under "An | 31 |
| Act concerning land titles",
approved May 1, 1897, as amended. | 32 |
| This notice shall consist of a sworn
statement setting out (1) | 33 |
| a description of such real estate sufficient for the
| 34 |
| identification thereof, (2) the amount of money due for such | 35 |
| sewerage service,
and (3) the date when such amount became | 36 |
| delinquent. The municipality shall
send a copy of the notice of |
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LRB093 21004 MKM 47012 b |
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| the lien to the owner or owners of
record of the real estate, | 2 |
| as referenced by the taxpayer's identification
number. The | 3 |
| municipality has the power to foreclose this lien in the same
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| manner and with the same effect as in the foreclosure of | 5 |
| mortgages on real
estate.
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| Except in counties with a population of more than 250,000 | 7 |
| where the majority
of the municipal sewerage system users are | 8 |
| located outside of the
municipality's
corporate limits, the | 9 |
| payment of delinquent charges for sewerage service or solid | 10 |
| waste disposal service to
any premises may be enforced by | 11 |
| discontinuing any one or more of
either the water service , the | 12 |
| solid waste disposal service, or the
sewerage service to that | 13 |
| premises , or both .
A rate or charge is delinquent if it is more | 14 |
| than 30 days
overdue. Any public or municipal corporation
or | 15 |
| political
subdivision of the State furnishing water service to | 16 |
| a premises (i) shall
discontinue that service upon receiving | 17 |
| written notice from the municipality
providing sewerage | 18 |
| service or solid waste disposal service that payment of the | 19 |
| rate or charge for
sewerage
or solid waste disposal service to | 20 |
| the premises has become delinquent and (ii) shall not resume | 21 |
| water
service until receiving a similar notice that the | 22 |
| delinquency has been removed.
The provider of sewerage or solid | 23 |
| waste disposal service shall not request discontinuation of | 24 |
| water
service before sending a notice of the delinquency to the | 25 |
| sewer user and
affording the user an opportunity to be heard.
| 26 |
| An investor-owned public utility providing water service | 27 |
| within a municipality
that provides sewerage service may | 28 |
| contract with the municipality to
discontinue
water service to | 29 |
| a premises with respect to which the
payment of a rate or | 30 |
| charge for sewerage service has become delinquent.
The | 31 |
| municipality shall reimburse the privately owned public | 32 |
| utility, public or
municipal corporation, or
political | 33 |
| subdivision of the State for the reasonable cost of the
| 34 |
| discontinuance and the resumption of water service, any
lost | 35 |
| water service revenues, and the costs of discontinuing water | 36 |
| service.
The municipality shall indemnify the privately owned |
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LRB093 21004 MKM 47012 b |
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| public utility, public or
municipal corporation, or political | 2 |
| subdivision of the State for any judgment
and related | 3 |
| attorney's fees resulting from an action based on any provision | 4 |
| of
this paragraph. In this paragraph, "solid waste" means that | 5 |
| term as it is defined in Section 3.470 of the Environmental | 6 |
| Protection Act and also means "garbage", "refuse", and "ashes" | 7 |
| as those terms are defined in Section 11-19-2 of this Code.
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| The municipality also has the power, from time to time, to | 9 |
| sue the
occupant or user of that real estate in a civil action | 10 |
| to recover money due
for sewerage services, plus a reasonable | 11 |
| attorney's fee, to be fixed by the
court. However, whenever a | 12 |
| judgment is entered in such a civil action, the
foregoing | 13 |
| provisions in this section with respect to filing sworn
| 14 |
| statements of such delinquencies in the office of the recorder | 15 |
| and
creating a lien against the real estate shall not be | 16 |
| effective as to the
charges sued upon and no lien shall exist | 17 |
| thereafter against the real
estate for the delinquency. | 18 |
| Judgment in such a civil action operates as a
release and | 19 |
| waiver of the lien upon the real estate for the amount of the
| 20 |
| judgment.
| 21 |
| (Source: P.A. 93-500, eff. 6-1-04.)
| 22 |
| (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
| 23 |
| (Text of Section before amendment by P.A. 93-500 )
| 24 |
| Sec. 11-141-16. If after the public hearing the corporate | 25 |
| authorities of
the municipality adopt a resolution to proceed | 26 |
| with the construction or
acquisition of the project, the | 27 |
| corporate authorities may make and enforce
all needful rules | 28 |
| and regulations in connection with the construction,
| 29 |
| acquisition, improvement, or extension, and with the | 30 |
| management and maintenance
of the project to be constructed or | 31 |
| acquired. The corporate authorities also
may establish the rate | 32 |
| or charge to each user of the sewerage system or
improvement or | 33 |
| extension at a rate which will be sufficient to pay the
| 34 |
| principal and interest of any bonds, issued to pay the cost | 35 |
| thereof,
maintenance, and operation of the system, |
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LRB093 21004 MKM 47012 b |
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| improvement, or extension and may
provide an adequate | 2 |
| depreciation fund therefor. Charges or rates shall be
| 3 |
| established, revised, and maintained by ordinance and become | 4 |
| payable as the
corporate authorities may determine by | 5 |
| ordinance. Such charges or rates are
liens upon the real estate | 6 |
| upon or for which sewerage service is supplied
whenever the | 7 |
| charges or rates become delinquent as provided by the ordinance | 8 |
| of
the municipality fixing a delinquency date. A lien is | 9 |
| created under the
preceding sentence only if the municipality | 10 |
| sends to the owner or owners of
record of the real estate, as | 11 |
| referenced by the taxpayer's identification
number, (i) a copy | 12 |
| of each delinquency notice sent to the person who is
delinquent | 13 |
| in paying the charges or rates or other notice sufficient to | 14 |
| inform
the owner or owners of record, as referenced by the | 15 |
| taxpayer's identification
number, that the charges or rates | 16 |
| have become delinquent and (ii) a notice that
unpaid charges or | 17 |
| rates may create a lien on the real estate under this
Section. | 18 |
| However, the municipality has no preference over the rights of | 19 |
| any
purchaser, mortgagee, judgment creditor, or other lien | 20 |
| holder arising prior to
the filing of the notice of such a lien | 21 |
| in the office of the recorder of the
county in which such real | 22 |
| estate is located or in the office of the registrar
of titles | 23 |
| of such county if the property affected is registered under "An | 24 |
| Act
concerning land titles", approved May 1, 1897, as amended. | 25 |
| This notice shall
consist of a sworn statement setting out (1) | 26 |
| a description of such real estate
sufficient for the | 27 |
| identification thereof, (2) the amount of money due for such
| 28 |
| sewerage service, and (3) the date when such amount became | 29 |
| delinquent, (4) the
owner of record of the premises. The | 30 |
| municipality shall send a copy of the
notice of the lien to the | 31 |
| owner or owners of record of the real estate, as
referenced by | 32 |
| the taxpayer's identification number. The municipality may
| 33 |
| foreclose this lien in the same manner and with the same effect | 34 |
| as in the
foreclosure of mortgages on real estate.
| 35 |
| The municipality also may, from time to time, sue the | 36 |
| occupant or user
of the real estate in a civil action to |
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LRB093 21004 MKM 47012 b |
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| recover the money due for sewerage
services, plus a reasonable | 2 |
| attorney's fee, to be fixed by the court. However,
whenever a | 3 |
| judgment is entered in such a civil action, the foregoing | 4 |
| provision
in this section with respect to filing sworn | 5 |
| statements of such delinquencies
in the office of the recorder | 6 |
| and creating a lien against the
real estate shall not be | 7 |
| effective as to the charges sued upon and no lien
shall exist | 8 |
| thereafter against the real estate for that delinquency. | 9 |
| Judgment
in such a civil action operates as a release and | 10 |
| waiver of the lien upon
the real estate for the amount of the | 11 |
| judgment. The charge provided in this
section to be made | 12 |
| against each user of an improvement or extension shall
be in | 13 |
| addition to the charge, if any, made of all users of the system | 14 |
| under
Section 11-141-7 and shall be kept separate and distinct | 15 |
| therefrom.
| 16 |
| This amendatory Act of 1975 is not a limit on any | 17 |
| municipality which is
a home rule unit.
| 18 |
| (Source: P.A. 87-1197.)
| 19 |
| (Text of Section after amendment by P.A. 93-500 )
| 20 |
| Sec. 11-141-16. Powers; particular locality. If after the | 21 |
| public hearing
the corporate authorities of
the municipality | 22 |
| adopt a resolution to proceed with the construction or
| 23 |
| acquisition of the project, the corporate authorities may make | 24 |
| and enforce
all needful rules and regulations in connection | 25 |
| with the construction,
acquisition, improvement, or extension, | 26 |
| and with the management and maintenance
of the project to be | 27 |
| constructed or acquired. The corporate authorities also
may | 28 |
| establish the rate or charge to each user of the sewerage | 29 |
| system or
improvement or extension at a rate which will be | 30 |
| sufficient to pay the
principal and interest of any bonds, | 31 |
| issued to pay the cost thereof,
maintenance, and operation of | 32 |
| the system, improvement, or extension and may
provide an | 33 |
| adequate depreciation fund therefor. Charges or rates shall be
| 34 |
| established, revised, and maintained by ordinance and become | 35 |
| payable as the
corporate authorities may determine by |
|
|
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SB2825 |
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LRB093 21004 MKM 47012 b |
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| 1 |
| ordinance. Such charges or rates are
liens upon the real estate | 2 |
| upon or for which sewerage service is supplied
whenever the | 3 |
| charges or rates become delinquent as provided by the ordinance | 4 |
| of
the municipality fixing a delinquency date. A lien is | 5 |
| created under the
preceding sentence only if the municipality | 6 |
| sends to the owner or owners of
record of the real estate, as | 7 |
| referenced by the taxpayer's identification
number, (i) a copy | 8 |
| of each delinquency notice sent to the person who is
delinquent | 9 |
| in paying the charges or rates or other notice sufficient to | 10 |
| inform
the owner or owners of record, as referenced by the | 11 |
| taxpayer's identification
number, that the charges or rates | 12 |
| have become delinquent and (ii) a notice that
unpaid charges or | 13 |
| rates may create a lien on the real estate under this
Section. | 14 |
| However, the municipality has no preference over the rights of | 15 |
| any
purchaser, mortgagee, judgment creditor, or other lien | 16 |
| holder arising prior to
the filing of the notice of such a lien | 17 |
| in the office of the recorder of the
county in which such real | 18 |
| estate is located or in the office of the registrar
of titles | 19 |
| of such county if the property affected is registered under "An | 20 |
| Act
concerning land titles", approved May 1, 1897, as amended. | 21 |
| This notice shall
consist of a sworn statement setting out (1) | 22 |
| a description of such real estate
sufficient for the | 23 |
| identification thereof, (2) the amount of money due for such
| 24 |
| sewerage service, and (3) the date when such amount became | 25 |
| delinquent, (4) the
owner of record of the premises. The | 26 |
| municipality shall send a copy of the
notice of the lien to the | 27 |
| owner or owners of record of the real estate, as
referenced by | 28 |
| the taxpayer's identification number. The municipality may
| 29 |
| foreclose this lien in the same manner and with the same effect | 30 |
| as in the
foreclosure of mortgages on real estate.
| 31 |
| Except in counties with a population of more than 250,000 | 32 |
| where the
majority
of the municipal sewerage
system users are | 33 |
| located outside of the municipality's corporate limits, the
| 34 |
| payment of delinquent charges for sewerage service or solid | 35 |
| waste disposal service to any premises may be
enforced by | 36 |
| discontinuing any one or more of
either the water service , the |
|
|
|
SB2825 |
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LRB093 21004 MKM 47012 b |
|
| 1 |
| solid waste disposal service, or the sewerage service to
that | 2 |
| premises , or both .
A rate or charge is delinquent if it is more | 3 |
| than 30 days
overdue. Any public or municipal corporation
or | 4 |
| political
subdivision of the State furnishing water service to | 5 |
| a premises (i) shall
discontinue that service upon receiving | 6 |
| written notice from the municipality
providing sewerage or | 7 |
| solid waste disposal service that payment of the rate or charge | 8 |
| for
sewerage
or solid waste disposal service to the premises | 9 |
| has become delinquent and (ii) shall not resume water
service | 10 |
| until receiving a similar notice that the delinquency has been | 11 |
| removed.
The provider of sewerage service or solid waste | 12 |
| disposal service shall not request discontinuation of water
| 13 |
| service before sending a notice of the delinquency to the sewer | 14 |
| user and
affording the user an opportunity to be heard.
An | 15 |
| investor-owned public utility providing water service within a | 16 |
| municipality
that provides sewerage service may contract with | 17 |
| the municipality to
discontinue
water service to a premises | 18 |
| with respect to which the
payment of a rate or charge for | 19 |
| sewerage service has become delinquent.
The municipality shall | 20 |
| reimburse the privately owned public utility, public or
| 21 |
| municipal corporation, or
political subdivision of the State | 22 |
| for the reasonable cost of the
discontinuance and the | 23 |
| resumption of water service, any
lost water service revenues, | 24 |
| and the costs of discontinuing water service.
The municipality | 25 |
| shall indemnify the privately owned public utility, public or
| 26 |
| municipal corporation, or political subdivision of the State | 27 |
| for any judgment
and related attorney's fees resulting from an | 28 |
| action based on any provision of
this paragraph. In this | 29 |
| paragraph, "solid waste" means that term as it is defined in | 30 |
| Section 3.470 of the Environmental Protection Act and also | 31 |
| means "garbage", "refuse", and "ashes" as those terms are | 32 |
| defined in Section 11-19-2 of this Code.
| 33 |
| The municipality also may, from time to time, sue the | 34 |
| occupant or user
of the real estate in a civil action to | 35 |
| recover the money due for sewerage
services, plus a reasonable | 36 |
| attorney's fee, to be fixed by the court. However,
whenever a |
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LRB093 21004 MKM 47012 b |
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| 1 |
| judgment is entered in such a civil action, the foregoing | 2 |
| provision
in this section with respect to filing sworn | 3 |
| statements of such delinquencies
in the office of the recorder | 4 |
| and creating a lien against the
real estate shall not be | 5 |
| effective as to the charges sued upon and no lien
shall exist | 6 |
| thereafter against the real estate for that delinquency. | 7 |
| Judgment
in such a civil action operates as a release and | 8 |
| waiver of the lien upon
the real estate for the amount of the | 9 |
| judgment. The charge provided in this
section to be made | 10 |
| against each user of an improvement or extension shall
be in | 11 |
| addition to the charge, if any, made of all users of the system | 12 |
| under
Section 11-141-7 and shall be kept separate and distinct | 13 |
| therefrom.
| 14 |
| This amendatory Act of 1975 is not a limit on any | 15 |
| municipality which is
a home rule unit.
| 16 |
| (Source: P.A. 93-500, eff. 6-1-04.)
| 17 |
| Section 95. No acceleration or delay. Where this Act makes | 18 |
| changes in a
statute that is represented in this Act by text | 19 |
| that is not yet or no longer in
effect (for example, a Section | 20 |
| represented by multiple versions), the use of
that text does | 21 |
| not accelerate or delay the taking effect of (i) the changes
| 22 |
| made by this Act or (ii) provisions derived from any other | 23 |
| Public Act.
| 24 |
| Section 99. Effective date. This Act takes effect June 1, | 25 |
| 2004.
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|