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Public Act 096-0842 |
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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 |
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 |
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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