65 ILCS 5/11-141-7
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-141-7)Sec. 11-141-7.     Powers.     The corporate authorities of any municipality that  owns and operates or that may hereafter own and operate a sewerage system  constructed or acquired under the provisions of any law of this state may  make, enact, and enforce all needful rules, regulations, and ordinances for  the improvement, care, and protection of its sewerage system and any other  sewer or sewerage system, located outside the corporate boundary of the  municipality and not owned by it, that directly or indirectly connects with  the municipality's sewerage system, which may be conducive to the  preservation of the public health, comfort, and convenience, and may render  the sewage carried in the sewerage system of the municipality harmless in  so far as it is reasonably possible to do so.The corporate authorities of such a municipality may, by ordinance,  charge the inhabitants thereof for the use and service of its sewerage  system whether by direct or indirect connection therewith within or without  the corporate boundary, and to establish charges or rates for that purpose.  The corporate authorities of such a municipality may by ordinance charge  the users thereof, whether they be inside of or outside of the  municipality, for the use and service of its sewerage system whether by  direct or indirect connection therewith, within or without the corporate  boundary, and may establish charges or rates for that purpose, provided  however that where such users are residents of another municipality with  whom there is a contract for use and service of the sewerage system, then  such charges or rates shall be made in accordance with the terms of the  contract, either directly to the users or to the contracting municipality  as may be provided by the provisions of the contract. In making such rates  and charges the municipality may provide for a rate to the outside users in  excess of the rate fixed for the inhabitants of said municipality as may be  reasonable. Where bonds are issued as provided in Sections 11-141-2 and  11-141-3, the corporate authorities shall establish rates or charges as  provided in this section, and these charges or rates shall be sufficient at  all times to pay the cost of operation and maintenance, to provide an  adequate depreciation fund, and to pay the principal of and interest upon  all revenue bonds issued under Sections 11-141-2 and 11-141-3.A depreciation fund is a fund for such replacements as may be necessary  from time to time for the continued effective and efficient operation of  the system. The depreciation fund shall not be allowed to accumulate beyond  a reasonable amount necessary for that purpose, and shall not be used for  extensions to the system.Charges or rates shall be established, revised, and maintained by  ordinance and become payable as the corporate authorities may determine by  ordinance.Such charges or rates are liens upon the real estate upon or for which  sewerage service is supplied whenever the charges or rates become  delinquent as provided by the ordinance of the municipality fixing a  delinquency date. A lien is created under the preceding sentence only if the  municipality sends to the owner or owners of record, as referenced by the  taxpayer's identification number, of the real estate (i) a copy of each  delinquency notice sent to the person who is delinquent in paying the charges  or rates or other notice sufficient to inform the owner or owners of record, as  referenced by the taxpayer's identification number, that the charges or rates  have become delinquent and (ii) a notice that unpaid charges or rates may  create a lien on the real estate under this Section. However, the municipality  has no preference over the rights of any purchaser, mortgagee, judgment  creditor, or other lien holder arising prior to the filing of the notice of  such a lien in the office of the recorder of the county in which such real  estate is located, or in the office of the registrar of titles of such county  if the property affected is registered under "An Act concerning land titles",  approved May 1, 1897, as amended. This notice shall consist of a sworn  statement setting out (1) a description of such real estate sufficient for the  identification thereof, (2) the amount of money due for such sewerage service,  and (3) the date when such amount became delinquent. The municipality shall  send a copy of the notice of the lien to the owner or owners of  record of the real estate, as referenced by the taxpayer's identification  number. The municipality has the power to foreclose this lien in the same  manner and with the same effect as in the foreclosure of mortgages on real  estate.Except in counties with a population of more than 250,000 where the majority  of the municipal sewerage system users are located outside of the  municipality's  corporate limits, the payment of delinquent charges for sewerage service to  any premises may be enforced by discontinuing either the water service or the  sewerage service to that premises, or both.  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 a premises (i) shall  discontinue that service upon receiving written notice from the municipality  providing sewerage service that payment of the rate or charge for  sewerage  service to the premises has become delinquent and (ii) shall not resume water  service until receiving a similar notice that the delinquency has been removed.  The provider of sewerage service shall not request discontinuation of water  service before sending a notice of the delinquency to the sewer user and  affording the user an opportunity to be heard.  An investor-owned public utility providing water service within a municipality  that provides sewerage service may contract with the municipality to  discontinue  water service to a premises with respect to which the  payment of a rate or charge for sewerage service has become delinquent.  The municipality shall reimburse the privately owned public utility, public or  municipal corporation, or  political subdivision of the State for the reasonable cost of the  discontinuance and the resumption of water service, any  lost water service revenues, and the costs of discontinuing water service.  The municipality shall indemnify the privately owned public utility, public or  municipal corporation, or political subdivision of the State for any judgment  and related attorney's fees resulting from an action based on any provision of  this paragraph.The municipality also has the power, from time to time, to sue the  occupant or user of that real estate in a civil action to recover money due  for sewerage services, plus a reasonable attorney's fee, to be fixed by the  court. However, whenever a judgment is entered in such a civil action, the  foregoing provisions in this section with respect to filing sworn  statements of such delinquencies in the office of the recorder and  creating a lien against the real estate shall not be effective as to the  charges sued upon and no lien shall exist thereafter against the real  estate for the delinquency. Judgment in such a civil action operates as a  release and waiver of the lien upon the real estate for the amount of the  judgment.    (Source: P.A. 93-500, eff. 6-1-04.)