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90_HB2716
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
LRB9009379PTsb
1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 11-141-7 and 11-141-16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Sections 11-141-7 and 11-141-16 as follows:
7 (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
8 Sec. 11-141-7. Powers. 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
11 the provisions of any law of this State may make, enact, and
12 enforce all needful rules, regulations, and ordinances for
13 the improvement, care, and protection of its sewerage system
14 and 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
18 of the public health, comfort, and convenience, and may
19 render the sewage carried in the sewerage system of the
20 municipality harmless in so far as it is reasonably possible
21 to do so.
22 The corporate authorities of such a municipality may, by
23 ordinance, charge the inhabitants thereof for the use and
24 service of its sewerage system whether by direct or indirect
25 connection therewith within or without the corporate
26 boundary, and to establish charges or rates for that purpose.
27 The corporate authorities of such a municipality may by
28 ordinance charge the users thereof, whether they be inside of
29 or outside of the municipality, for the use and service of
30 its sewerage system whether by direct or indirect connection
31 therewith, within or without the corporate boundary, and may
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1 establish charges or rates for that purpose, provided however
2 that where such users are residents of another municipality
3 with whom there is a contract for use and service of the
4 sewerage system, then such charges or rates shall be made in
5 accordance with the terms of the contract, either directly to
6 the users or to the contracting municipality as may be
7 provided by the provisions of the contract. In making such
8 rates and charges the municipality may provide for a rate to
9 the outside users in excess of the rate fixed for the
10 inhabitants of said municipality as may be reasonable. Where
11 bonds are issued as provided in Sections 11-141-2 and
12 11-141-3, the corporate authorities shall establish rates or
13 charges as provided in this Section, and these charges or
14 rates shall be sufficient at all times to pay the cost of
15 operation and maintenance, to provide an adequate
16 depreciation fund, and to pay the principal of and interest
17 upon all revenue bonds issued under Sections 11-141-2 and
18 11-141-3.
19 A depreciation fund is a fund for such replacements as
20 may be necessary from time to time for the continued
21 effective and efficient operation of the system. The
22 depreciation fund shall not be allowed to accumulate beyond a
23 reasonable amount necessary for that purpose, and shall not
24 be used for extensions to the system.
25 Charges or rates shall be established, revised, and
26 maintained by ordinance and become payable as the corporate
27 authorities may determine by ordinance.
28 Charges for sewerage disposal services furnished to any
29 premises shall be a lien on those premises from the date the
30 charges are due. Any charges delinquent for 6 months or more
31 shall be certified annually to the proper tax assessing
32 office, which shall enter the delinquent charges upon the
33 next tax roll against the premises to which the services were
34 rendered. The charges shall be collected and the lien shall
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1 be enforced in the same manner as provided for the taxes
2 assessed upon the tax roll and the enforcement of the lien
3 for those taxes. The time and manner of certification and
4 the other details in respect to the collection of the charges
5 and the enforcement of the lien shall be prescribed by the
6 governing body of the public corporation in which the lands
7 are located. The payment of charges for sewerage disposal
8 services to any premises may be enforced by discontinuing
9 either the water service or the sewerage service to the
10 premises, or both. Such charges or rates are liens upon the
11 real estate upon or for which sewerage service is supplied
12 whenever the charges or rates become delinquent as provided
13 by the ordinance of the municipality fixing a delinquency
14 date. A lien is created under the preceding sentence only if
15 the municipality sends to the owner or owners of record, as
16 referenced by the taxpayer's identification number, of the
17 real estate (i) a copy of each delinquency notice sent to the
18 person who is delinquent in paying the charges or rates or
19 other notice sufficient to inform the owner or owners of
20 record, as referenced by the taxpayer's identification
21 number, that the charges or rates have become delinquent and
22 (ii) a notice that unpaid charges or rates may create a lien
23 on the real estate under this Section. However, the
24 municipality has no preference over the rights of any
25 purchaser, mortgagee, judgment creditor, or other lien holder
26 arising prior to the filing of the notice of such a lien in
27 the office of the recorder of the county in which such real
28 estate is located, or in the office of the registrar of
29 titles of such county if the property affected is registered
30 under "An Act concerning land titles", approved May 1, 1897,
31 as amended. This notice shall consist of a sworn statement
32 setting out (1) a description of such real estate sufficient
33 for the identification thereof, (2) the amount of money due
34 for such sewerage service, and (3) the date when such amount
-4- LRB9009379PTsb
1 became delinquent. The municipality shall send a copy of the
2 notice of the lien to the owner or owners of record of the
3 real estate, as referenced by the taxpayer's identification
4 number. The municipality has the power to foreclose this lien
5 in the same manner and with the same effect as in the
6 foreclosure of mortgages on real estate.
7 The municipality also has the power, from time to time,
8 to sue the occupant or user of that real estate in a civil
9 action to recover money due for sewerage services, plus a
10 reasonable attorney's fee, to be fixed by the court. However,
11 whenever a judgment is entered in such a civil action, the
12 foregoing provisions in this Section with respect to filing
13 sworn statements of such delinquencies in the office of the
14 recorder and creating a lien against the real estate shall
15 not be effective as to the charges sued upon and no lien
16 shall exist thereafter against the real estate for the
17 delinquency. Judgment in such a civil action operates as a
18 release and waiver of the lien upon the real estate for the
19 amount of the judgment.
20 (Source: P.A. 87-1197.)
21 (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
22 Sec. 11-141-16. Powers; particular locality. If after
23 the public hearing the corporate authorities of the
24 municipality adopt a resolution to proceed with the
25 construction or acquisition of the project, the corporate
26 authorities may make and enforce all needful rules and
27 regulations in connection with the construction, acquisition,
28 improvement, or extension, and with the management and
29 maintenance of the project to be constructed or acquired. The
30 corporate authorities also may establish the rate or charge
31 to each user of the sewerage system or improvement or
32 extension at a rate which will be sufficient to pay the
33 principal and interest of any bonds, issued to pay the cost
-5- LRB9009379PTsb
1 thereof, maintenance, and operation of the system,
2 improvement, or extension and may provide an adequate
3 depreciation fund therefor. Charges or rates shall be
4 established, revised, and maintained by ordinance and become
5 payable as the corporate authorities may determine by
6 ordinance.
7 Charges for sewerage disposal services furnished to any
8 premises shall be a lien on those premises from the date the
9 charges are due. Any charges delinquent for 6 months or more
10 shall be certified annually to the proper tax assessing
11 office, which shall enter the delinquent charges upon the
12 next tax roll against the premises to which the services were
13 rendered. The charges shall be collected and the lien shall
14 be enforced in the same manner as provided for the taxes
15 assessed upon the tax roll and the enforcement of the lien
16 for those taxes. The time and manner of certification and
17 the other details in respect to the collection of the charges
18 and the enforcement of the lien shall be prescribed by the
19 governing body of the public corporation in which the lands
20 are located. The payment of charges for sewerage disposal
21 services to any premises may be enforced by discontinuing
22 either the water service or the sewerage service to the
23 premises, or both. Such charges or rates are liens upon the
24 real estate upon or for which sewerage service is supplied
25 whenever the charges or rates become delinquent as provided
26 by the ordinance of the municipality fixing a delinquency
27 date. A lien is created under the preceding sentence only if
28 the municipality sends to the owner or owners of record of
29 the real estate, as referenced by the taxpayer's
30 identification number, (i) a copy of each delinquency notice
31 sent to the person who is delinquent in paying the charges or
32 rates or other notice sufficient to inform the owner or
33 owners of record, as referenced by the taxpayer's
34 identification number, that the charges or rates have become
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1 delinquent and (ii) a notice that unpaid charges or rates may
2 create a lien on the real estate under this Section. However,
3 the municipality has no preference over the rights of any
4 purchaser, mortgagee, judgment creditor, or other lien holder
5 arising prior to the filing of the notice of such a lien in
6 the office of the recorder of the county in which such real
7 estate is located or in the office of the registrar of titles
8 of such county if the property affected is registered under
9 "An Act concerning land titles", approved May 1, 1897, as
10 amended. This notice shall consist of a sworn statement
11 setting out (1) a description of such real estate sufficient
12 for the identification thereof, (2) the amount of money due
13 for such sewerage service, and (3) the date when such amount
14 became delinquent, (4) the owner of record of the premises.
15 The municipality shall send a copy of the notice of the lien
16 to the owner or owners of record of the real estate, as
17 referenced by the taxpayer's identification number. The
18 municipality may foreclose this lien in the same manner and
19 with the same effect as in the foreclosure of mortgages on
20 real estate.
21 The municipality also may, from time to time, sue the
22 occupant or user of the real estate in a civil action to
23 recover the money due for sewerage services, plus a
24 reasonable attorney's fee, to be fixed by the court. However,
25 whenever a judgment is entered in such a civil action, the
26 foregoing provision in this Section with respect to filing
27 sworn statements of such delinquencies in the office of the
28 recorder and creating a lien against the real estate shall
29 not be effective as to the charges sued upon and no lien
30 shall exist thereafter against the real estate for that
31 delinquency. Judgment in such a civil action operates as a
32 release and waiver of the lien upon the real estate for the
33 amount of the judgment. The charge provided in this Section
34 to be made against each user of an improvement or extension
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1 shall be in addition to the charge, if any, made of all users
2 of the system under Section 11-141-7 and shall be kept
3 separate and distinct therefrom.
4 This amendatory Act of 1975 is not a limit on any
5 municipality which is a home rule unit.
6 (Source: P.A. 87-1197.)