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HomeMy WebLinkAboutOrd 5051 10/05/1999 ORDINANCE NO. 5051 AN ORDINANCE AMENDING CHAPTER 19 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENTAND BOARD OF TRUSTEES THE5TH DAY OF OCTOBER, 1999 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 6TM day of October, 1999. HM VWL 9/30/99 ORDINANCE NO. 5051 AN ORDINANCE AMENDING CHAPTER 19 OF THE VILLAGE CODE OF MOUNT PROSPECT NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 19.209, "Lien Against Property" of Chapter 19 of the Village Code of the Village of Mount Prospect is hereby deleted in its entirety and a new Section 19.209, "Failure to Pay Garbage Collection Bill" shall be inserted to be and read as follows: Sec. 19.209. Failure to Pay Garbage Collection Bill. A. Interest Penalty. For each thirty day period that a bill remains unpaid after the date on which it is due, a penalty shall be assessed that is equal to twenty (20%) percent of the unpaid portion of the bill. This penalty is mandatory and shall not be waived except upon the filing of a written appeal to the Village Manager contesting the penalty and a finding, after a hearing, by the Village Manager that the owner or an agent of the owner did not receive and was not aware of the bill. The owner or agent shall have the burden of proving by clear and convincing evidence that the bill was not received or that he or she was not aware of the bill. Mere testimony, standing alone, that the bill was not received or that the owner was not aware of it, shall not be sufficient to meet the burden. B. Lien Against the Property. Whenever a bill for garbage collection service remains unpaid for sixty (60) days after the bill for service was mailed, the Village Clerk may file in the Office of the Recorder of Deeds of Cook County a sworn statement of lien claim. The lien shall contain a legal description of the premises with permanent index number, if available, the amount of all unpaid charges including interim penalties for garbage collection services up to the date the lien is prepared, the date when the unpaid amount became delinquent, and a notice that the Village claims a lien for the delinquent amount as well as all charges subsequent to the period covered by the bill and any costs incurred to file the lien. The Clerk shall send a Notice of Lien to the user of the garbage collection service at the premises. If the user of the garbage collection service is not the owner of the premises, and the Clerk has notice of this, then the Notice of Lien shall also be mailed to the owner of the premises or the holder of the beneficial interest in the premises, if their address is known to the Clerk. The failure of the Clerk to record the lien claim or to mail notice of lien, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid garbage collection bill. Page 2 Garbage collection The filing of any claim for lien under this Section shall not be construed to limit the right and power of the Village to otherwise enforce collection of the delinquent garbage collection account. C. Other Remedies for Nonpayment. in addition to the foregoing, the Village shall have the following remedies for failure to pay for garbage collection service: 1. If the premises is subject to a business license, the business license may be revoked pursuant to Chapter 10 of this Code. 2. Upon thirty days notice posted in a conspicuous place on the premises and thirty days notice by certified mail or personal service to the owner, the Village water service may be discontinued. 3. Such other legal remedies as may be determined by the Village Manager. S. ECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Lohrstorfer, Nocchi, Skowron, Wilks NAYS; None ABSENT: None PASSED and APPROVED this 5th day of 0nt~h~r ,1999. Village President Village Clerk