[Amended 2-10-1986 by Ord. No. 86-02; 4-11-1988 by Ord. No. 88-04; 7-11-1988 by Ord. No. 88-04A; 11-14-1988 by Ord. No. 88-14; 3-26-1990 by Ord. No.
90-01; 10-8-1990 by Ord. No. 90-14; 7-14-1997 by Ord. No. 97-11; 10-25-1999 by Ord. No. 99-16; 7-10-2000 by Ord. No. 00-11; 7-24-2000 by Ord. No.
00-14; 4-26-2004 by Ord. No. 04-08]
There are hereby established rates and charges for the use and
service supplied by the combined waterworks and sewerage system of
the Village, as set forth in this section.
A.
Basis for water and wastewater service charges. The water and wastewater
service charge for the use of and for service supplied by the water
and wastewater facilities of the Village shall consist of a basic
user charge for operation, maintenance, and replacement ("O, M &
R"), a capital improvements charge, a debt service charge, and applicable
surcharges.
B.
Computation of water and wastewater service charges.
(1)
The water and wastewater service charges shall be computed by the
following formula:
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C = OMR + CI + DS/WS
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Where:
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C
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=
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Amount of water/sewer charge ($) per 1,000 gallons
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OMR
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=
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Basic user charge for operation, maintenance, and replacement
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CI
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=
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Capital improvement charge
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DS
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=
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Debt service
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WS
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=
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Water sold (1,000) gallons
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(2)
Notwithstanding the foregoing, a portion of said charges may take
the form of a surcharge for water and/or wastewater services, where
such surcharge is designed to address specific, extraordinary items
of debt service or other expenses, such as bond or loan repayments.
C.
Establishment of rates. All property upon which any building has
been or may be hereafter erected having a hook-up or connection to
the Village water and sewer system shall pay bimonthly charges at
the applicable rates, from time to time in effect, for users of the
Village water and sewer system. For purposes of establishing rates,
a "unit of service" shall mean a particular user of Village water
and/or wastewater services, such as a residential or small commercial
unit, occupied as a residence, apartment, flat, store, or office,
which is equipped with one or more fixtures for rendering water service
or wastewater disposal, or both, separate and distinct from other
users. Larger users, such as businesses, schools, or churches, shall
be considered single units of service, unless they include multiple
users. Notwithstanding said rates, the Village Board, upon request,
may adjust said charges for any customer receiving only water services.
D.
Minimum rates for water and wastewater services. The Village Board
may, from time to time, establish a minimum bimonthly rate, including
O, M & R, capital improvement, and debt service charges, for the
combined water and wastewater services. Where more than one unit of
service is served through an existing hook-up, the minimum bimonthly
rate shall be applicable to each unit of service.
E.
Nonresident surcharge. There shall be a monthly surcharge as set
from time to time by the Village Board added to the water bill for
each nonresident who is provided water services from the Village.
[Amended 7-27-2016 by Ord. No. 16-16]
F.
Annual review of water and wastewater service charges. The adequacy
of water and wastewater service charges, including charges for O,
M & R, capital improvements, and debt service, shall be reviewed
annually by certified public accountants for the Village in their
annual audit report, to reflect changes in O, M & R, capital improvement
expenditures, and debt services.
G.
Notice to users. The users of the water and wastewater services will
be notified annually, in conjunction with a regular bill, of the rate
and that portion of the user charges which are attributable to O,
M & R, capital improvements, and debt service.
H.
Measurement of flow. The volume of flow used for computing basic
user charges and surcharges shall be metered water consumption read
to the lowest even increment of 1,000 gallons when required by this
section.
(1)
If the person discharging wastes into the public sewers procures
any part, or all, of his or her water from sources other than the
public waterworks system, all or a part of which is discharged into
the public sewers, the person shall install and maintain, at his or
her expense, water meters of a type approved by the Village for the
purposes of determining the volume of water obtained from these other
sources.
(2)
Devices for measuring the volume of waste discharged may be required
by the Village if these volumes cannot otherwise be determined from
the metered water consumption records, or if requested by the user.
Cost of installation shall be the responsibility of the user, and
the Village will maintain such measuring device and shall charge the
user for costs of repair and replacement.
(3)
Metering devices for determining the volume of water shall be installed
by a duly licensed plumber under the supervision of the Building Inspector
in all buildings currently provided with water service from the Village
prior to September 1, 1988. All other building units constructed after
September 1, 1988, shall have a meter installed by the Village prior
to their occupancy. The type and specifications for the meters shall
be determined by resolution of the Village Board, the meter shall
be the property of the Village, there shall be a connection charge
as determined by resolution of the Village Board from time to time,
and the meter shall be maintained by the Village. Following installation,
the meters may not be removed without the consent of the Village.
Water supplied to persons or users not residing in the corporate limits
of the Village shall be metered. Property owners or other persons
in possession of real estate on which meters are located shall provide
the Village with reasonable access to the meters for purposes of repair,
replacement or inspection.
[Amended 6-24-1996 by Ord. No. 96-24; 6-25-2007 by Ord. No. 07-15]
A.
Bills.
(1)
General provisions. Rates or charges for service shall be payable
bimonthly. The owner of the premises, the occupant thereof, and the
user of the service shall be jointly and severally liable to pay for
the service to the premises and the service is furnished to the premises
by the Village only upon the condition that the owner of the premises,
occupant, and user of the services are jointly and severally liable
therefor to the Village. Bills for sewer service shall be sent out
by the Village Utility Clerk on the first day of the month succeeding
the period for which the service is billed.
[Amended 7-27-2016 by Ord. No. 16-16]
(2)
Rental properties. Bimonthly water, sewer and garbage bills for property
occupied by an entity or person other than the owner of that property
shall be sent directly to the owner of the property. The owner and
occupant of the property shall remain jointly and severally liable
for the water, sewer and garbage bills for the property.
(3)
Penalties. All water and sewer bills are due and payable 30 days
after being sent out. A penalty of 10% shall be added to all bills
not paid by the 30th day after they have been rendered. The penalty
shall be added to the principal amount owed in computing payoff balances
for delinquent service recipients. Thereafter, for every subsequent
fifteen-day interval for which the payoff balance is not satisfied
in full, a further penalty of 5% shall be assessed, which percentage
shall be imposed upon the combined principal plus any preexisting
applicable late payment penalty fees.
B.
Delinquency. Whenever a bill for water and/or sewer service remains
unpaid 30 days after the rendition of the bill for such services,
such monies owing, inclusive of applicable penalty fees, shall constitute
delinquent service payments.
C.
Discontinuation of service. If the charges for water and sewer services, inclusive of any applicable late payment penalties accrued under the auspices of Subsection A(3), are not paid within 30 days after the rendition of the bill for such services, services may be discontinued following proper notice of the delinquency and consequences therefor, and a hearing on the discontinuance if the same is requested by owner and/or occupant. If the service is discontinued, it shall not be reinstated until all claims are fully settled.
D.
Notice of delinquency. Where a delinquent water and/or sewer service payment is triggered by nonpayment for 45 days following rendition of the bill, as provided in Subsection A(3), the Village Utility Clerk shall send the owner and occupant, if other than the owner, a notice of delinquency. The notice of delinquency shall specify the premises served; a copy of the bill(s) for which payment has not yet been tendered, the amount presently due and owing, including any applicable penalties; a notice that service shall be discontinued, as provided in Subsection C, within 10 calendar days, unless the payoff balance is tendered in full or the owner and/or occupant requests a hearing. If a hearing is requested, the same shall be scheduled within 10 regular business days of the request. The notice of delinquency shall also set forth that the delinquent charges having accrued shall become a lien on the premises served if the payoff balance is not tendered in full within 15 calendar days.
[Amended 7-27-2016 by Ord. No. 16-16]
E.
Notice of lien. Whenever a bill for water and/or sewer service remains unpaid for 45 days after it was originally mailed, and 15 days following issuance of the notice of delinquency provided in Subsection D, the Village Collector may file with the County Recorder of Deeds a notice of lien in the county in which the real property receiving the services is located. The notice of lien shall contain a legal description of the premises served, the payoff balance, and a notice that the Village claims a lien for the amount of the payoff balance, which shall continue to accrue for services subsequently rendered following delinquency and by virtue of the continuing five-percent delinquent payment penalty assessed in Subsection A(3). A copy of the notice of lien shall be sent at the time of recording to the record owner and any occupants of the premises subject to the lien, with any and all delinquency notices affixed thereto. The failure of the Village Collector to record the lien or to mail the notice of the failure of the owner to receive the notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing subsection.
F.
Foreclosure of lien. Property subject to a lien for unpaid charges
shall be sold for nonpayment of the charges, and the proceeds of the
sale shall be applied to pay the charges, after deducting costs, as
is the case in the foreclosure of other statutory liens. Foreclosure
shall be by bill-in-equity and in the name of the Village. The Village
Attorney is hereby authorized and directed to institute proceedings
in the name of the Village in any court having jurisdiction over such
matters against any property for which the bill has remained unpaid
90 days, in the case of a bimonthly bill, after it has been rendered.
[Amended 4-26-2004 by Ord. No. 04-08]
A.
Revenues. All revenues and moneys derived from the operation of the
water and sewerage system shall be deposited in the water and sewerage
account of the water and sewerage fund. All such revenues and moneys
shall be held by the Village Treasurer separate and apart from his
or her private funds and separate and apart from all of the sum, without
any deductions whatever, and shall be delivered to the Village Treasurer
not more than 10 days after receipt of the same, or at more frequent
intervals as may from time to time be directed by the President and
Village Board. The Village Treasurer shall receive all such revenues
from the water and sewerage system and all other funds and moneys
incident to the operation of the system as may be delivered to him
or her and deposit the funds in the account of the fund designated
as the "Water and Sewerage Fund of the Village." The Treasurer shall
administer the fund in every respect in the manner provided by ILCS
Ch. 65, Act 5, § 3.1-35-40 et seq.
B.
Accounts. The Village Treasurer 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 and sewerage system. At regular annual intervals he or
she shall cause to be made an audit by an independent auditing concern
of the books to show the receipts and disbursements of the water and
sewerage system. In addition to the customary operating statements,
the annual audit report shall also reflect the revenues and operating
expenses of the water and wastewater facilities, including a replacement
cost, to indicate that water and sewer service charges do in fact
meet these regulations.
[Amended 7-25-1988 by Ord. No. 88-06A; 3-26-1990 by Ord. No.
90-01]
A.
The Village requires that all water consumed shall be measured through
a gallonage meter. All residents shall allow the Village or its duly
authorized representative access to the premises of all water users
for the purposes of installation, inspection, meter readings and any
other incidental purposes consistent with the intent of this chapter.
The meters shall remain the property of the Village and will be supplied
by the Village to each user and shall be installed on every new dwelling
or building to which water service is presently maintained or furnished
in the future.
B.
No persons other than those authorized by the Plumbing Inspector or the Public Works Director shall break or cause to break any seal or connection at the water meter. Whoever violates this section shall be subject to a fine upon conviction as set forth in § 51-999.
[Amended 7-27-2016 by Ord. No. 16-16]
[1]
Editor's Note: Former § 51-164, Right of entry on
consumers' premises, was repealed 7-27-2016 by Ord. No. 16-16.
[Amended 12-11-2000 by Ord. No. 00-23; 7-27-2016 by Ord. No. 16-16]
The Public Works Director is authorized and directed to shut
off after proper notice (and hearing thereof if requested) the water
supply to any premises when the owner or occupant fails to pay for
the use and service of the combined waterworks and sewerage system
or any portion of the services to the premises after the charge therefor
becomes due. This use and service of the combined waterworks and sewerage
system will not be furnished to the premises or user until all arrearages
are paid, together with a charge to be determined from time to time
by the Village Board for the resumption of service after the same
has been discontinued on account of such default. In the event that
a user requests resumption of service outside of normal maintenance
staff hours, from time to time in effect, the fee shall be determined
from time to time by the Village Board.
A person who is not employed by the Village shall not turn on
the supply of water to any premises from which the supply of water
has been turned off on account of nonpayment of water rent, breaking
of meter seals, or any other cause for which the supply of water has
been turned off by the Village.
The state Environmental Protection Agency or its authorized
representative shall have access to any books, documents, papers,
and records of the Village which are applicable to the Village system
of user charges for the purpose of making audit, examination, excerpts,
and transcriptions thereof to ensure compliance with the terms of
the special and general conditions to any state grant.
A.
The Village Collector is instructed, and the following procedure
is established, for the collection of not sufficient funds checks
and payments of individuals for water and sewer service in the Village.
(1)
The Village shall collect a service fee as determined from time to
time by the Village Board for any not sufficient funds check returned
to the Village.
[Amended 7-27-2016 by Ord. No. 16-16]
(2)
Any person, firm, or corporation who or which presents a check or
other type of payment that is not promptly paid or is returned "not
sufficient funds" to the Village for water and sewer service for any
account or accounts for that service, two or more times in one calendar
year, shall thereafter be required to pay for the balance of that
calendar year and the next ensuing calendar year by cash or certified
check, or money order, for all accounts of the person for the sewer
and water service.
(3)
After the return to the Village of a second not sufficient funds
check within any calendar year, the Village Utility Clerk shall notify
the person that all payments will thereafter be made in cash for the
balance of that calendar year and for the next ensuing calendar year,
and the Village Utility Clerk shall not accept payments thereafter
except in cash, certified check, or money order.
[Amended 7-27-2016 by Ord. No. 16-16]
(4)
The failure of any person to pay as herein provided after notice
is given shall be cause to discontinue any sewer and water service.
B.
The Village Collector shall promptly deposit all checks and cash
for payment of sewer and water service in the sewer and water fund.
Collections shall be deposited on a daily basis either in the bank
or through its night depository.
[Added 8-10-2015 by Ord.
No. 15-28]
A contractor engaged in the construction of a new building shall, prior to tapping any Village water main or connecting to a service line or connecting with any hydrant for the purpose of obtaining water from the Village for construction purposes, apply for and obtain from the Village a water meter prior to or contemporaneously with the issuance of a building permit. No water shutoff valve shall remain open or no connection shall be made to a hydrant unless such water is flowing through a meter and said meter and remote reading device are operational. When the contractor or property owner obtains water from the nearest hydrant for construction purposes only, meters shall be installed by the Village after a refundable security deposit of $1,000 is made as security for the hydrant and a connection fee of $50 is paid. The Village may furnish water to contractors or owners of property during construction at the current water rate set forth in § 10-99 of the Village Code. Upon final reading, the accumulated water charges shall be paid by the contractor or owner of the property as a condition precedent to the issuance of a certificate of occupancy for the structure.
