Chapter 7 - Water and Sewer
Division 14 - Enforcement
SEC. 7.14-1. Any person, firm, partnership, land trust, association, agent or legal representative violating any provisions of this Chapter shall be subject to discontinuance of service and/or a penalty of not less than $25.00 and not more than $500.00 and each day the violation continues shall subject such person to an additional penalty of not less than $25.00 and not more than $500.00. Each day that any such violation or failure continues shall be considered as a separate and distinct offense and shall be punishable as such. (Amended 6/3/02 by Ord. No. 4797).
SEC. 7.14-2. In the event charges for water, sanitary or storm services are not paid within thirty (30) days and are declared delinquent, such delinquent charges shall constitute a lien upon the real estate, upon or for which such services are supplied or available. The Town, at its option, may file a lien upon the real property where the services are supplied or available. When the Town exercises its right to file a lien upon the real property, the Town must file a Notice of Lien in the Office of the Recorder of Deeds of McLean County. Such Notice shall consist of a sworn statement setting out:
- A description of the real estate sufficient for identification;
- The delinquent charges for services supplied or available to said property; and
- The date or dates for which said services were supplied or available.
This lien shall be superior to all other liens, except taxes, provided, however, it shall not be valid as to any purchaser whose right in and to such real estate has arisen subsequent to the date on which such costs were incurred and prior to the filing of such Notice and a lien of the Town shall not be valid as to any mortgages, judgment creditor or other lien whose rights in and to such real estate arise prior to the filing of such Notice. Upon payment of the delinquent charges and any accruing interest and penalty, together with the costs of filing and releasing said lien, the lien shall be released by the Town and the Release may be filed of record as in the case of filing the Notice of Lien. The lien may be enforced by proceeding to foreclosure as provided by law.
SEC. 7.14-3. Discontinuance of Service. In the event the owner or occupant of property supplied water, sanitary or storm sewer services fails to pay the charges for said services within the time provided by this chapter and such services are declared delinquent, the Water Director is authorized to terminate water service to the property for which said charges are delinquent. Such termination of service shall be subject to the procedure set forth in Section 7.7-4 of this chapter Delinquency Notification Pre-termination Hearing and Termination of Services.
Entire Division 14 of Chapter 7 Amended and Renamed 8/7/06 by Ord. No. 5094