Public Act 096-0842
 
HB0644 Enrolled LRB096 03499 RLJ 13524 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Township Code is amended by changing Section
205-75 as follows:
 
    (60 ILCS 1/205-75)
    Sec. 205-75. Liens; recovery of money due.
    (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
ordinance fixing a delinquency date.
    (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
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
due for services of the system, and (iii) the date or dates
when the amount or amounts became delinquent.
    (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.
    (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.
    (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
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.
(Source: P.A. 84-794; 88-62.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.