093_HB3231enr

 
HB3231 Enrolled                      LRB093 07787 BDD 07976 b

 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
 
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 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
 
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 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
 
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 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    An investor-owned  public  utility  providing  water  service
 9    within  a  municipality  that  provides  sewerage service may
10    contract with the municipality to discontinue  water  service
11    to  a premises with respect to which the payment of a rate or
12    charge for sewerage  service  has  become  delinquent.    The
13    municipality  shall  reimburse  the  privately  owned  public
14    utility,   public  or  municipal  corporation,  or  political
15    subdivision of the State  for  the  reasonable  cost  of  the
16    discontinuance  and the resumption of water service, any lost
17    water service revenues, and the costs of discontinuing  water
18    service. The municipality shall indemnify the privately owned
19    public utility, public or municipal corporation, or political
20    subdivision  of  the  State  for  any  judgment  and  related
21    attorney's  fees  resulting  from  an  action  based  on  any
22    provision of this paragraph.
23        The  municipality  also has the power, from time to time,
24    to sue the occupant or user of that real estate  in  a  civil
25    action  to  recover  money  due for sewerage services, plus a
26    reasonable attorney's fee, to be fixed by the court. However,
27    whenever a judgment is entered in such a  civil  action,  the
28    foregoing  provisions  in this section with respect to filing
29    sworn statements of such delinquencies in the office  of  the
30    recorder  and  creating  a lien against the real estate shall
31    not be effective as to the charges  sued  upon  and  no  lien
32    shall  exist  thereafter  against  the  real  estate  for the
33    delinquency. Judgment in such a civil action  operates  as  a
34    release  and  waiver of the lien upon the real estate for the
 
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 1    amount of the judgment.
 2    (Source: P.A. 87-1197.)

 3        (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
 4        Sec. 11-141-16. Powers;  particular  locality.  If  after
 5    the   public   hearing   the  corporate  authorities  of  the
 6    municipality  adopt  a  resolution  to   proceed   with   the
 7    construction  or  acquisition  of  the project, the corporate
 8    authorities may  make  and  enforce  all  needful  rules  and
 9    regulations in connection with the construction, acquisition,
10    improvement,  or  extension,  and  with  the  management  and
11    maintenance of the project to be constructed or acquired. The
12    corporate  authorities  also may establish the rate or charge
13    to each  user  of  the  sewerage  system  or  improvement  or
14    extension  at  a  rate  which  will  be sufficient to pay the
15    principal and interest of any bonds, issued to pay  the  cost
16    thereof,   maintenance,   and   operation   of   the  system,
17    improvement,  or  extension  and  may  provide  an   adequate
18    depreciation   fund  therefor.  Charges  or  rates  shall  be
19    established, revised, and maintained by ordinance and  become
20    payable   as  the  corporate  authorities  may  determine  by
21    ordinance. Such charges or rates  are  liens  upon  the  real
22    estate  upon  or  for  which  sewerage  service  is  supplied
23    whenever  the  charges or rates become delinquent as provided
24    by the ordinance of the  municipality  fixing  a  delinquency
25    date.  A lien is created under the preceding sentence only if
26    the municipality sends to the owner or owners  of  record  of
27    the   real   estate,   as   referenced   by   the  taxpayer's
28    identification number, (i) a copy of each delinquency  notice
29    sent to the person who is delinquent in paying the charges or
30    rates  or  other  notice  sufficient  to  inform the owner or
31    owners  of  record,   as   referenced   by   the   taxpayer's
32    identification  number, that the charges or rates have become
33    delinquent and (ii) a notice that unpaid charges or rates may
 
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 1    create a lien on the real estate under this Section. However,
 2    the municipality has no preference over  the  rights  of  any
 3    purchaser, mortgagee, judgment creditor, or other lien holder
 4    arising  prior  to the filing of the notice of such a lien in
 5    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
 8    "An Act concerning land titles", approved  May  1,  1897,  as
 9    amended.  This  notice  shall  consist  of  a sworn statement
10    setting out (1) a description of such real estate  sufficient
11    for  the  identification thereof, (2) the amount of money due
12    for such sewerage service, and (3) the date when such  amount
13    became  delinquent,  (4) the owner of record of the premises.
14    The municipality shall send a copy of the notice of the  lien
15    to  the  owner  or  owners  of  record of the real estate, as
16    referenced  by  the  taxpayer's  identification  number.  The
17    municipality may foreclose this lien in the same  manner  and
18    with  the  same  effect as in the foreclosure of mortgages on
19    real estate.
20        Except in counties with a population of more than 250,000
21    where the majority of the municipal sewerage system users are
22    located outside of the municipality's corporate  limits,  the
23    payment  of  delinquent  charges  for sewerage service to any
24    premises may be enforced by discontinuing  either  the  water
25    service  or the sewerage service to that premises, or both. A
26    rate or charge is delinquent if  it  is  more  than  30  days
27    overdue.   Any  public  or municipal corporation or political
28    subdivision of  the  State  furnishing  water  service  to  a
29    premises  (i)  shall  discontinue that service upon receiving
30    written  notice  from  the  municipality  providing  sewerage
31    service that payment of  the  rate  or  charge  for  sewerage
32    service  to the premises has become delinquent and (ii) shall
33    not resume water service until  receiving  a  similar  notice
34    that  the  delinquency  has  been  removed.  The  provider of
 
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 1    sewerage service shall not request discontinuation  of  water
 2    service  before  sending  a  notice of the delinquency to the
 3    sewer user and affording the user an opportunity to be heard.
 4    An investor-owned  public  utility  providing  water  service
 5    within  a  municipality  that  provides  sewerage service may
 6    contract with the municipality to discontinue  water  service
 7    to  a premises with respect to which the payment of a rate or
 8    charge for sewerage  service  has  become  delinquent.    The
 9    municipality  shall  reimburse  the  privately  owned  public
10    utility,   public  or  municipal  corporation,  or  political
11    subdivision of the State  for  the  reasonable  cost  of  the
12    discontinuance  and the resumption of water service, any lost
13    water service revenues, and the costs of discontinuing  water
14    service. The municipality shall indemnify the privately owned
15    public utility, public or municipal corporation, or political
16    subdivision  of  the  State  for  any  judgment  and  related
17    attorney's  fees  resulting  from  an  action  based  on  any
18    provision of this paragraph.
19        The  municipality  also  may,  from time to time, sue the
20    occupant or user of the real estate  in  a  civil  action  to
21    recover   the   money  due  for  sewerage  services,  plus  a
22    reasonable attorney's fee, to be fixed by the court. However,
23    whenever a judgment is entered in such a  civil  action,  the
24    foregoing  provision  in  this section with respect to filing
25    sworn statements of such delinquencies in the office  of  the
26    recorder  and  creating  a lien against the real estate shall
27    not be effective as to the charges  sued  upon  and  no  lien
28    shall  exist  thereafter  against  the  real  estate for that
29    delinquency. Judgment in such a civil action  operates  as  a
30    release  and  waiver of the lien upon the real estate for the
31    amount of the judgment. The charge provided in  this  section
32    to  be  made against each user of an improvement or extension
33    shall be in addition to the charge, if any, made of all users
34    of the system  under  Section  11-141-7  and  shall  be  kept
 
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 1    separate and distinct therefrom.
 2        This  amendatory  Act  of  1975  is  not  a  limit on any
 3    municipality which is a home rule unit.
 4    (Source: P.A. 87-1197.)

 5        Section 10.  The Sanitary District Revenue  Bond  Act  is
 6    amended by changing Section 7 as follows:

 7        (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
 8        Sec.  7.  The  board of trustees of any sanitary district
 9    that owns and operates or that may hereafter own and  operate
10    a   sewerage   system   constructed  or  acquired  under  the
11    provisions of any law of this State has the  power  to  make,
12    enact,  and  enforce all needful rules and regulations in the
13    construction,    acquisition,     improvement,     extension,
14    management,  and  maintenance  of its sewerage system and for
15    the use thereof. The board of trustees  of  such  a  sanitary
16    district  also  has the power to make, enact, and enforce all
17    needful  rules,   regulations,   and   ordinances   for   the
18    improvement,  care,  and  protection  of its sewerage system,
19    which may be conducive to  the  preservation  of  the  public
20    health, comfort, and convenience, and to render the sewage of
21    the  sanitary district harmless in so far as it is reasonably
22    possible to do so.
23        The board of trustees of such a sanitary district has the
24    power, by ordinance, to charge the  inhabitants  thereof  for
25    the  use  and service of its sewerage system and to establish
26    charges or rates for that purpose. Where bonds are issued  as
27    provided  in  Sections  2  and  3  of  this Act, the board of
28    trustees shall establish rates or charges as provided in this
29    section, and these charges or rates shall  be  sufficient  at
30    all  times  to  pay the cost of operation and maintenance, to
31    provide  an  adequate  depreciation  fund,  and  to  pay  the
32    principal of and interest upon all revenue bonds issued under
 
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 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
 
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 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
 
HB3231 Enrolled            -11-      LRB093 07787 BDD 07976 b
 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.)