§ 106-184. Delinquent charges.

(a)

If the charges for water service are not paid within 15 days after the due date of payment as set forth on the bill, such charges shall be deemed and are declared to be delinquent, and thereafter such delinquencies shall constitute liens upon the real estate for which such service is supplied. The city collector is authorized and directed to file from time to time as directed by the council sworn, detailed statements showing such delinquencies in the office of the recorder of deeds of the county, and for filing of such statements shall be deemed notice of the lien for payment of the service rendered.

(b)

It shall be the duty of the city attorney or corporation counsel to assist in the collection of water and sewerage bills if the same is requested by the city collector. It shall also be the duty of the city attorney or corporation counsel to prepare all liens and lien notices against persons and owners of property, whose bills are delinquent by the provisions of this article (and to have the city collector sign and swear to the same) and file such liens and lien notices in the office of the recorder of deeds of the county. The city shall have the power to foreclose such lien in like manner and with like effect as in the foreclosure of mortgages on real estate. The city is authorized from time to time to sue the occupant or users of real estate in a civil action to recover money due for water and sewerage services, plus a reasonable attorney fee to be fixed by the court; provided, however, when judgment is obtained in such civil action, the provisions in this section with respect to filing sworn statements to such delinquencies in the office of the recorder of deeds and creating a lien against such real estate for such delinquency and judgment in such civil suit, shall operate as a release and waiver of such lien for such amount.

(Code 1987, § 7.29)