No water supply from the Village water supply shall be turned on for service to any premises by any person other than a duly authorized agent or employee of the Village. Any person who turns on water for service in violation of this Section 12-3-1 shall pay a fine in the amount set forth in the Annual Fee Resolution.[1]
All water consumers supplied by the Village shall be supplied
through meters. However, where it is temporarily impractical to set
a meter, the use and consumption of water shall be governed by other
applicable provisions of this Article 3.
All water meters and meter transmission units used in connection
with the water system shall be of the type approved by the corporate
authorities. Prices shall be uniform for all meters of the same size.
For all meters and meter transmission units installed in connection
with new construction or with an upgrade of the water service to an
existing structure, the cost of the meter shall be paid by the consumer
to the Village, in the amount set forth in the Annual Fee Resolution.[1]
[Amended 11-16-2021 by Ord. No. 2021-3574]
(A)
All
new construction or water meter upgrades shall be located inside the
building at the front wall of the building as approved by the Village.
The water meter must be installed in an area that is freely accessible
for maintenance and protected from freezing. Valves must be installed
on each side of the water meter and must be kept in good working order.
Additionally, if required by the Village, wiring for the water meter
remote device must be encased in electrical conduit from the meter
to the exterior of the front wall of the building.
(B)
In conjunction with the interior installation of the water meter, a buffalo box will be installed in the Village parkway in front of the property to be served. It is prohibited to construct or install any structure in Village rights-of-way in a manner that impedes access to the buffalo boxes and meter pits located in the right-of-way, and the Village retains the right to remove any structure constructed or installed in violation of this Section 12-3-4(B).
All water meters and meter transmission units shall be the property
of the Village.
After any water meter or meter transmission unit is placed,
only officers or employees of the Village shall be allowed to repair,
remove or in any manner interfere with such meter or unit.
The ordinary cost of keeping each meter and meter transmission
unit in repair shall be paid by the Village. The owner and the occupant
of the premises served shall be jointly and severally liable for any
breakage or damage done to such meter or unit, including damage by
freezing, hot water or breakage and also for the theft thereof and
the cost of making good such loss or damage shall be paid by the owner
and/or the occupant of the premises in which such meter or unit was
installed as soon as the bill for same is presented and the amount
therefor shall be a lien against the premises for which such meter
was installed to the extent and with the same effect as water rates.
(A)
It shall be unlawful for any person to injure, deface, mar, damage, destroy or in any manner to interfere with any water meter, meter transmission unit, or other part of the Village water system. Any person who violates this Section 12-3-8(A) shall pay a fine in the amount set forth in the Annual Fee Resolution[1].
(B)
It shall be the duty of the owner or occupant of the premises so
served to promptly notify the Department of Public Works of defects
in any water meter or meter transmission unit, or its failure to properly
register the quantity of water passing through the same.
The Village may furnish water to contractors or owners of property during the process of construction at the current water rate set forth in Section 12-3-13 of this Code, which rates shall be paid by the contractor or owner of property at the time of the issuance of the building permit.
All persons, firms or corporations desiring service from the
municipal water supply shall make written application therefor to
the Village Finance Department. Such application shall be signed by
the owner of the premises to be served and by the tenant(s), if any,
and shall contain an agreement by the applicant(s) to accept and abide
by all provisions of this Article 3 and any amendments thereto as
conditions governing the use of the municipal water supply and the
payment for water consumed. The applicant(s) may designate the name
and address of the person, firm or corporation to whom water bills
shall be sent; provided, however, that the payment of such bills shall
be the joint and several obligation of all persons, firms or corporations
signing the application. In the absence of such designation, bills
shall be directed to the owner of the premises served. In the absence
of the signature of the actual owner of the property upon the application,
such owner shall nonetheless be liable for the payment of the appropriate
bill for all water use to tenants or other parties using the subject
property with the owner's knowledge.
The Director of Public Works or his or her designee shall read
or cause to be read every water meter used in the Village at such
times as are necessary.
Whenever access to a meter is not available for reading purposes,
or when a water meter or meter transmission unit ceases to register,
stops, or is otherwise out of repair and fails to correctly indicate
the water consumed, the Director of Finance shall estimate the approximate
water consumption used. All estimated bills shall state thereon that
said bill is an estimate. No more than three consecutive billings
shall be based on estimates.
The water rates for water furnished by the Village by means
of its water supply system to consumers located within the corporate
limits of the Village, shall be and hereby are as follows:
(A)
The water service charge for the use of and for service supplied
by the water facilities of the Village shall consist of a basic user
charge, a debt service charge, a capital improvement charge, and a
water meter fee.
[Amended 3-1-2022 by Ord. No. 2022-3588]
(B)
The basic user charge is levied on all users to recover operation,
maintenance and replacement costs ("OM&R costs"), and shall be
based on water usage as recorded by water meters. The basic user charge
shall be computed as follows:
(C)
The debt service charge shall be computed by apportioning the annual
debt service as a fixed charge per 1,000 gallons.
(D)
The capital improvement charge is levied on users to provide for
capital improvements, extensions or reconstruction of the waterworks.
The capital improvement charge is computed by apportioning the annual
amount to be accrued as a fixed charge.
(E)
The adequacy of the water service charge shall be reviewed, not less
often than annually, by certified public accountants for the Village
in their annual audit report. The water service charge shall be revised
periodically to reflect a change in local capital costs or OM&R
costs.
(F)
The volume of flow used for computing the basic user charge shall
be the metered water consumption read to the lowest even increments
of 1,000 gallons.
(1)
If the person procures any part, or all, of his or her water
from sources other than the public waterworks system, that person
shall install and maintain at his or her expense water meters of a
type approved by the Village for the purpose of determining the volume
of water obtained from these other sources.
(2)
Devices for measuring the volume of water may be required by
the Village if these volumes cannot otherwise be determined from the
metered water consumption records.
(3)
Metering devices for determining volume shall be installed,
owned and maintained by the person. Following approval and installation,
such meters may not be removed, unless service is canceled, without
the consent of the Village.
(H)
There shall be and there are hereby established debt service charges
to each user of the water facility, to each commercial user, and to
each residential user for the installation of a new water meter, all
in the amounts set forth in the Annual Fee Resolution.[2]
(K)
The water service charge shall be computed by the following formula:
|
CW = CC + CD + CM + (Vu-X) CU
| ||||
|
Where:
| ||||
|
CW
|
=
|
Amount of water service charge ($) per billing period;
| ||
|
CC
|
=
|
Capital improvement charge [See Section 12-3-13(I).];
| ||
|
CD
|
=
|
Debt service charge [See Section 12-3-13(H).];
| ||
|
CM
|
=
|
Minimum charge for OM&R costs [See Section 12-3-13(J).];
| ||
|
Vu
|
=
|
Water volume for the billing period;
| ||
|
X
|
=
|
Allowable consumption in gallons for the minimum charge [See Section 12-3-13(J).]; and
| ||
|
CU
|
Basic user charge for OM&R costs. [See Section 12-3-13(G).]
| |||
(L)
All revenues and monies derived from the operation of the water system
shall be deposited in the water account of the Water and Sewer Fund.
All such revenues and monies shall be held by the Director of Finance
separate and apart from corporate funds and separate and apart from
all other funds of the Director of Finance not more than 10 days after
receipt of the same, or at such more frequent intervals as may from
time to time be directed by the corporate authorities.
(A)
Charges for water rates shall be payable 25 days after the billing
date as shown on the bill.
(B)
If payment of the full amount of the bill is not made within the period specified in Section 12-3-14(A) of this Code, a late charge penalty of 10% of the amount of the bill shall be assessed against the account. The party responsible for the payment of the bill shall pay the water rate charges and the late charge penalty within 10 days after receipt of an invoice therefor. If the bill is not paid within the ten-day period, the Village send a third bill to the responsible party by certified mail, and to charge the party the costs of the certified mailing.
(A)
Delinquent accounts; lien claims. Whenever a bill for water service
remains unpaid 35 days after it has been rendered, such bill shall
be deemed delinquent and the Village Director of Finance may file
with the Recorder of Deeds of Cook County a notice of lien claim in
accordance with the form established by statute. This notice shall
consist of a sworn statement setting out at least: (1) a description
of the premises served; (2) the amount of the unpaid bill; (3) the
date when such amount became delinquent; and (4) a notice that the
Village claims a lien for the amount of the unpaid bill as well as
for all charges for water consumed subsequent to the period covered
by the bill. The Director of Finance shall mail a copy of such notice
of lien claim to all persons signing the application for water service
to such premises and to the owner of the premises if such owner did
not join in the application.
(B)
Certificate of payment.
(1)
Purpose. The purpose of these rules and regulations is to establish
a mechanism whereby the Village can recapture unpaid water service
charges, plus outstanding penalties for delinquent payments, if any,
and other monetary obligations owed to the Village from persons upon
the sale or other transfer of real estate within the Village, and
recoup the Village's costs and expenses in connection therewith.
(2)
BENEFICIAL INTEREST
DEED
OTHER MONETARY OBLIGATIONS
RECORDATION
Definitions. The following definitions shall apply to the interpretation
and enforcement of these regulations:
Any interest, regardless of how small or minimal such interest
may be, in a land trust, held by a trustee for the benefit of the
beneficiaries of such land trust.
All documents transferring or reflecting the transfer of
legal title, equitable title, or both legal title and equitable title
to real estate, or the beneficial interest in a land trust.
Unpaid alarm system bills, unpaid judgments, unpaid fines,
unpaid variation bills, unpaid ambulance charges, and property maintenance
charges, including, but not limited to, property cleanup costs for
removing weeds, junk and other debris, and demolition of unsafe buildings.
The recording of any deed or assignment of beneficial interest
in a land trust with the office of the Recorder of Deeds of Cook County,
Illinois.
(3)
Responsibility for payment.
(a)
Any person who is supplied with water service by the Village
shall be responsible for the payment of all charges registered by
the water meter serving the real estate owned or otherwise controlled
by that person; and any person who owes the Village other monetary
obligations shall be responsible for the payment of all such other
monetary obligations.
(b)
Upon the transfer of title or any interest therein to real estate
located within the Village, as evidenced by the recordation of a deed,
mortgage, trust deed or other conveyance by any person or by the delivery
of any deed or assignment of interest of such property, whether vesting
the person in control with the beneficial interest in or legal title
to such property or merely the possession or use thereof for any purpose,
or to secure future payment of money or the future transfer of any
such property, the titleholder or person in control of such property
shall immediately before the transfer notify the Village Director
of Finance, or nominee, make application for, and secure a final reading
of the water meter serving the property which is the subject of the
transfer, and shall thereupon make full payment to the Village in
the form of a cashier's or certified check for any and all water service
charges then determined to be due, plus outstanding penalties for
delinquent payments, if any, and for other monetary obligations owed
to the Village.
(c)
Upon application to the Village Director of Finance, or nominee,
and payment of all charges for water service, plus outstanding penalties
for delinquent payments, if any, and other monetary obligations owed
to the Village, a certificate of payment ("certificate of payment")
shall be prepared within five business days from receipt of application,
and issued by the Village Director of Finance, or nominee, to the
titleholder of the property certifying that all water service charges,
plus outstanding penalties for delinquent payments, if any, and other
monetary obligations owed to the Village have been paid in full.
(4)
Constructive notice; right of foreclosure. Any person who shall
accept a transfer of title to real estate or beneficial interest in
a trust holding title to real estate located within the Village, who
does not receive evidence of the payment of water service charges
or other monetary obligations owed to the Village in the form of a
certificate of payment, shall have constructive notice of the nonpayment
of such water service charges and/or other monetary obligations owed
to the Village, and such person shall thereupon become liable for
any unpaid water service charges, including payment in full for all
unpaid water service charges accrued up to and including the date
of closing, and any other monetary obligations owed to the Village,
and the property acquired by such person shall be subject to a lien
for the amount of all unpaid water service charges, plus outstanding
penalties for delinquent payments, if any, and/or any other monetary
obligations owed to the Village. The Village shall have the right
to foreclose on the lien in accordance with the laws applicable to
foreclosures, and to include, in addition to the unpaid water service
charges and any other monetary obligations owed to the Village, statutory
interest, reasonable attorney fees and costs incurred as part of the
foreclosure proceedings.
(6)
Recordation. A certificate of payment must be filed for recordation
along with the deed of conveyance or assignment of beneficial interest
with the office of the Recorder of Deeds of Cook County, Illinois;
provided, however, that no certificate of payment shall be required
in connection with the conveyance or assignment of a condominium unit
for which a condominium association pays the water charges imposed
pursuant to this Article 3. A certificate of payment shall be invalid
if issued more than 20 days prior to such recordation.
The property subject to a lien for unpaid water charges shall
be sold for nonpayment of same, and the proceeds of the sale shall
be applied to pay the charges after deducting costs as is the case
in the foreclosure of statutory liens.
Whenever the property owner or any person pays the outstanding
costs, charges and expenses, including recording fees, the Village
shall prepare and execute a release of lien, duly acknowledging the
payment of the debt. Said release of lien shall be mailed to the property
owner for recording by the property owner with the Recorder of Deeds
of Cook County.
The Village shall have the right to discontinue water service to any premises for which a water bill is delinquent pursuant to Section 12-3-15(A) of this Code, and shall have no obligation to reinstate the water service except upon the payment of the unpaid bill in full and penalties thereon and of a fee as set forth in the Annual Fee Resolution for reinstatement of service.
If the consumer requires reinstatement of service at a time
other than normal working hours, the consumer shall also be required
to pay an additional fee as set forth in the Annual Fee Resolution.
When the water is shut off temporarily at the request of any
consumer and the meter is not removed, the consumer shall pay the
regular service charge per month.
Any person who shall vacate any premises, or who shall enter
upon and occupy such premises, shall immediately, before vacating
or occupying such premises, notify the Department of Public Works
and secure reading of the water meter.
No person who owes water charges to the Village pursuant to
this Article 3 shall be provided with new water service at any other
premises within the Village unless and until all outstanding charges
and penalties are paid in full.
If after the water supply shall have been turned on to any building,
structure or premises, it shall be found by any officer or employee
of the Village that fraudulent representations have been made by the
applicant for such water supply or that water is being used in or
upon such building, structure or premises for purposes not set forth
in the application made for such water service, or that there is willful
and unreasonable use or waste of water through or by means of a leak
in any water pipe located in any such building, structure or premises,
the Director of Public Works shall have the authority and it shall
be his or her duty to shut off and stop the supply of water to such
building, structure or premises forthwith, and the water shall not
be turned on to such building, structure or premises until the person
or persons responsible for such fraudulent representation or for such
use of water or willful or unreasonable waste thereof, shall pay the
Village such additional sum of money for such water supply or on account
of such unreasonable waste of water as the corporate authorities shall
find properly to be due the Village.
No person, whether the owner or occupant in possession or control of any building, structure or premises into which water is supplied through the municipal water supply system shall be allowed, without written permission for the Director of Public Works, to supply other persons or families or to supply water from such building or premises to any other building, structure or premises. The supply of water to a building, structure or premises of any person who violates this Section 12-3-23 shall be shut off and stopped forthwith, and the water shall not again be turned on to such building, structure or premises from which it was cut off until there shall have been paid to the Village such sum of money as the corporate authorities shall deem properly due the Village.
(A)
It shall be unlawful for any person to have installed or to operate
air-conditioning equipment of over 1 1/2 tons' installed capacity,
without first conforming to the regulations as set forth in the Village
Building Code.
(B)
All such air-conditioning units shall be equipped with water conservation
devices so that water from the municipal water supply shall be used
for makeup and flushing purposes only. Every air-conditioning system
is prohibited from using water from the water mains in excess of 2/10
gallon per minute per ton. Each air-conditioning system shall be submetered
using a water meter of the type approved by the Director of Public
Works.
(A)
From May 15 to September 15 of each year, inclusive, it shall be
unlawful for any person to use water from the Village water system:
1) on an even-numbered day of the month, unless such person's residence
bears an even-numbered address; 2) on an odd-numbered day of the month,
unless such person's residence bears an odd-numbered address; or 3)
on any day between the hours of 12:00 noon and 6:00 p.m., for the
sprinkling, watering or irrigation of shrubbery, trees, lawns, grass,
plants, vines, gardens, vegetables, flowers or any other vegetation;
or for the washing of vehicles; or for the washing of sidewalks, driveways,
exteriors of buildings, or other outdoor surfaces.
[Amended 7-21-2015 by Ord. No. 2015-3160]
(B)
Newly installed lawns shall be exempt from the provisions of Section 12-3-25(A) of this Code, provided that a watering permit has been issued therefor by the Department of Public Works. There shall be no fee for the permit, which shall be displayed and visible from the street.
(C)
In the event of a water shortage from any cause which becomes dangerous
to the health, safety and welfare of the Village, the President shall
be authorized and empowered to temporarily ban all outside use of
water for the period during which said water shortage exists.
[Amended 12-5-2023 by Ord. No. 2023-3738]
No person other than employees of the Village shall operate
any fire hydrant connected with the municipal water system except
for extinguishing fires or unless especially authorized by the corporate
authorities. Any person who violates this section will be fined in
an amount as set forth in the Annual Fee Resolution.[1]
Users of the municipal water system shall provide to municipal
officers or employees access to any premises served by the water system
for the purpose of making inspections, observations, measurements,
obtaining water samples, and conducting tests in order to maintain
the water system in good condition and to provide for the protection
of the water system and the efficient management thereof. Where such
inspections are not of immediate or urgent nature, employees of the
water system shall arrange for appointments mutually convenient to
the persons of the premises served and the employees. Where any user
refuses to permit officers or employees of the water system the right
of access to his or her premises, the water service supplied to the
premises may be shut off until such access is provided.
It shall be unlawful for any person to, in any manner, obstruct
or cause to be obstructed the free access of any duly authorized officer
or employee of the Village to any curb stop, water meter, shutoff
box or connection with any water main by any means or device whatsoever,
or to prevent free access thereto by such officer or employee.
The Director of Finance shall receive all revenues from the
water system and all other funds and monies incident to the operation
of such system as the same may be delivered to him or her and deposit
the same into the Water and Sewer Fund. The Director of Finance shall
administer such fund in every respect in the manner provided by law.
The Director of Finance shall establish a proper system of accounts
and shall keep proper books, records and accounts in which complete
and correct entries shall be made of all transactions relative to
the water system. The corporate authorities shall cause annual audits
to be made by an independent auditing concern of the books of said
Director of Finance to show the receipts and disbursements of the
water system.
The method for computation of rates and service charges established
for user charges shall be made available to a user within 30 days
after receipt of a written request therefor. A user may appeal the
method used in the computations of the rates and service charges to
the Village President, who shall decide the appeal within 30 days
after receipt of a formal written request therefor from the user.
(A)
Fee established. There is hereby established a sewer user fee, to
be paid by each user of the Village sewer system, which fee shall
be based upon the operation and maintenance costs (including replacement)
of the Village sewer system.
(C)
Payment of sewer user fee.
(1)
The owner of the premises, the occupant thereof and the user
of the sewer service shall be jointly and severally liable to pay
for the service on such premises.
(2)
Bills for payment of the sewer user fee imposed pursuant to this Section 12-3-32 shall be sent to all parties owing the fee on the same schedule as bills for water service are sent in accordance with Sections 12-3-13 and 12-3-14 of this Code. The sewer user fee shall be paid to the Village within 25 days after the date of the bill.
(3)
A penalty in an amount set forth in the Annual Fee Schedule
shall be assessed on the unpaid balance of any sewer user fee bill
that is not paid on or before the due date.
(D)
Failure to pay fee. If the sewer user fee is not paid on or before the due date, the Village shall have the right, but not the obligation, to declare the bill for such fee delinquent, to file and foreclose a lien against the subject property, and/or to disconnect the premises for which the delinquency exists from the Village sewer service, all in the same manner set forth in Sections 12-3-15 through 12-3-18 of this Code for nonpayment of water bills.
(E)
The Director of Finance shall receive all revenues from the sewer
user fee and all other funds and monies incident to the operation
of the system as may be delivered to him, deposit all such funds and
monies in a separate fund of the Village, and administer such fund
in accordance with applicable law.
(F)
The Director of Finance shall establish a proper system of accounts
and shall keep proper books, records and accounts in which complete
and correct entries shall be made of all transactions relative to
the sewer user fee.
