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]
[1]
Editor's Note: See Ch. A25, Fees.
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]
[1]
Editor's Note: See Ch. A25, Fees.
[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].
[1]
Editor's Note: See Ch. A25, Fees.
(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:
(1) 
Estimate the annual water volume;
(2) 
Estimate the projected annual revenue required to operate and maintain the water facilities, including a replacement fund for the year, for all works categories; and
(3) 
Compute costs per 1,000 gallons.
(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.
(G) 
There shall be and there is hereby established a basic water user charge, in the amount set forth in the Annual Fee Resolution, to be applied to all users to recover OM&R costs.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(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]
[2]
Editor's Note: See Ch. A25, Fees.
(I) 
There shall be and there is hereby established a capital improvement charge, in the amount set forth in the Annual Fee Resolution, to each user of the water facility.[3]
[3]
Editor's Note: See Ch. A25, Fees.
(J) 
There shall be and there is hereby a water meter fee, in the amount set forth in the Annual Fee Resolution,[4] to each user of a water meter within the Village.
[Amended 3-1-2022 by Ord. No. 2022-3588]
[4]
Editor's Note: See Ch. A25, Fees.
(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 30 days after the billing date as shown on the bill.
[Amended 2-20-2024 by Ord. No. 2024-3754]
(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) 
Definitions. The following definitions shall apply to the interpretation and enforcement of these regulations:
BENEFICIAL INTEREST
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.
DEED
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.
OTHER MONETARY OBLIGATIONS
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.
RECORDATION
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.
(5) 
Fee. The Village shall charge a fee in an amount set forth in the Annual Fee Resolution for the preparation of a certificate of payment, payable upon issuance of the certificate of payment.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(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.
[1]
Editor's Note: See Ch. A25, Fees.
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]
[1]
Editor's Note: See Ch. A25, Fees.
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.
(B) 
Amount of fee. The sewer user fee shall be in an amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(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.