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91_HB1303
LRB9100920DHmgA
1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 11-20-13 and 11-139-8.
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 11-20-13 and 11-139-8 as follows:
7 (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
8 Sec. 11-20-13. The corporate authorities of each
9 municipality may provide for the removal of garbage, debris,
10 and graffiti from private property when the owner of such
11 property, after reasonable notice, refuses or neglects to
12 remove such garbage, debris, and graffiti and may collect
13 from such owner the reasonable cost thereof except in the
14 case of graffiti. This cost is a lien upon the real estate
15 affected, superior to all other subsequent liens and
16 encumbrances, except tax liens, if within 60 days after such
17 cost and expense is incurred the municipality, or person
18 performing the service by authority of the municipality, in
19 his or its own name, files notice of lien in the office of
20 the recorder in the county in which such real estate is
21 located or in the office of the Registrar of Titles of such
22 county if the real estate affected is registered under "An
23 Act concerning land titles", approved May 1, 1897, as
24 amended. The notice shall consist of a sworn statement
25 setting out (1) a description of the real estate sufficient
26 for identification thereof, (2) the amount of money
27 representing the cost and expense incurred or payable for the
28 service, and (3) the date or dates when such cost and expense
29 was incurred by the municipality. However, the lien of such
30 municipality shall not be valid as to any purchaser whose
31 rights in and to such real estate have arisen subsequent to
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1 removal of the garbage and debris and prior to the filing of
2 such notice, and the lien of such municipality shall not be
3 valid as to any mortgagee, judgment creditor or other lienor
4 whose rights in and to such real estate arise prior to the
5 filing of such notice. Upon payment of the cost and expense
6 by the owner of or persons interested in such property after
7 notice of lien has been filed, the lien shall be released by
8 the municipality or person in whose name the lien has been
9 filed and the release may be filed of record as in the case
10 of filing notice of lien. The lien may be enforced by
11 proceedings to foreclose as in case of mortgages or
12 mechanics' liens. An action to foreclose this lien shall be
13 commenced within 2 years after the date of filing notice of
14 lien.
15 This amendatory Act of 1973 does not apply to any
16 municipality which is a home rule unit.
17 (Source: P.A. 90-292, eff. 1-1-98.)
18 (65 ILCS 5/11-139-8) (from Ch. 24, par. 11-139-8)
19 Sec. 11-139-8. The corporate authorities of any
20 municipality availing itself of this Division 139 may (1)
21 make, enact, and enforce all needful rules and regulations
22 for the acquisition, construction, extension, improvement,
23 management, and maintenance of the combined waterworks and
24 sewerage system of the municipality and for the use thereof,
25 (2) make, enact, and enforce all needful rules, regulations,
26 and ordinances for the care and protection of such a system,
27 which may be conducive to the preservation of the public
28 health, comfort, and convenience and to rendering the water
29 supply of the municipality pure and the sewerage harmless
30 insofar as it is reasonably possible to do so, and (3) charge
31 the inhabitants thereof a reasonable compensation for the use
32 and service of the combined waterworks and sewerage system
33 and to establish rates for that purpose. Separate rates may
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1 be fixed for the water and sewer services respectively or
2 single rates may be fixed for the combined water and sewer
3 services. Separate rates may be fixed for any water services
4 to any other municipality and separate sewer rates to any
5 industrial establishment for the purposes set forth in
6 Section 11-139-2. These rates, whether separate or combined,
7 shall be sufficient at all times to (1) pay the cost of
8 operation and maintenance of the combined waterworks and
9 sewerage system, (2) provide an adequate depreciation fund,
10 and (3) pay the principal of and interest upon all revenue
11 bonds issued under this Division. Rates shall be established,
12 revised, and maintained by ordinance and become payable as
13 the corporate authorities may determine by ordinance.
14 Whenever a municipality shall issue revenue bonds as
15 provided by this Division to pay the cost of the extension or
16 improvement of its combined waterworks and sewerage system or
17 any part thereof to serve a particular area of the
18 municipality, the municipality may vary its rates to be
19 charged for the water and sewer services of the system or for
20 either of them effective upon the issuance of bonds as
21 provided by this division to pay the cost of the extension or
22 improvement of its combined waterworks or sewerage system or
23 any part thereof to serve a particular area of a municipality
24 so that the rates to be charged for services in the
25 particular area to be served by such extension or improvement
26 shall be calculated to produce, in addition to the revenues
27 generally to be produced by such rates, sufficient funds to
28 pay the principal of and interest upon the revenue bonds
29 issued to pay the cost of such extension or improvement for
30 that particular area.
31 Such charges or rates are liens upon the real estate upon
32 or for which service is supplied whenever the charges or
33 rates become delinquent as provided by the ordinance of the
34 municipality fixing a delinquency date; except the charges or
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1 rates established by contract for the supply of water to
2 another municipality. A lien is created under the preceding
3 sentence only if the municipality sends to the owner or
4 owners of record of the real estate, as referenced by the
5 taxpayer's identification number, (i) a copy of each
6 delinquency notice sent to the person who is delinquent in
7 paying the charges or rates or other notice sufficient to
8 inform the owner or owners of record, as referenced by the
9 taxpayer's identification number, that the charges or rates
10 have become delinquent and (ii) a notice that unpaid charges
11 or rates may create a lien on the real estate under this
12 Section. This lien upon the real estate affected is
13 superior to all other liens and encumbrances, except taxes,
14 if within 60 days after those charges or rates become
15 delinquent the municipality files notice of However, the
16 municipality has no preference over the rights of any
17 purchaser, mortgagee, judgment creditor, or other lien holder
18 arising prior to the filing of the notice of such a lien in
19 the office of the recorder of the county in which the such
20 real estate is located, or in the office of the registrar of
21 titles of that such county if the real estate property
22 affected is registered under the Registered Titles (Torrens)
23 Act "An Act concerning land titles", approved May 1, 1897, as
24 amended. This notice shall consist of a sworn statement
25 setting out (1) a description of such real estate sufficient
26 for the identification thereof, (2) the amount of money due
27 for such service, and (3) the date when such amount became
28 delinquent. The municipality shall send a copy of the notice
29 of the lien to the owner or owners of record of the real
30 estate, as referenced by the taxpayer's identification
31 number. The municipality has the power to foreclose this lien
32 in the same manner and with the same effect as in the
33 foreclosure of mortgages on real estate.
34 The municipality also has the power, from time to time,
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1 to sue the occupant or user of the real estate in a civil
2 action to recover the money due for services rendered, plus a
3 reasonable attorney's fee, to be fixed by the court. Whenever
4 a judgment is entered in such a civil action the foregoing
5 provisions in this section with respect to filing sworn
6 statements of such delinquencies in the office of the
7 recorder and creating a lien against the real estate shall
8 not be effective thereafter as to charges sued upon and no
9 lien shall exist thereafter against the real estate for the
10 delinquency. Judgment in such a civil action operates as a
11 release and waiver of the lien for the amount of the
12 judgment.
13 (Source: P.A. 87-1197.)