[Adopted as amended 3-16-2004 by Ord. No. 5753 (Art. III, Ch. III, Section B, of the 1993 Code); amended in its
entirety 4-15-2014 by Ord. No. 7020[1]]
[1]
Editor’s Note: Ord. No. 7353, adopted 2-21-2017, provided
that the requirement for recalculating water and sewer connection
fees established by this Ord. No. 7020 is eliminated for properties
for which a third year calculation was due but not yet completed prior
to April 15, 2014. In addition, the City shall release any liens for
payment of sewer and water connection fees, to the extent that such
liens were recorded for failure to pay connection fees which were
based upon a third year recalculation which was due but not completed
prior to April 15, 2014.
[Amended 4-21-2015 by Ord. No. 7120; 4-19-2016 by Ord. No. 7218; 4-18-2017 by Ord. No. 7363; 4-16-2019 by Ord. No. 7524A; 4-20-2021 by Ord. No. 7702;[1] 4-5-2022 by Ord. No.
7801; 8-2-2022 by Ord. No. 7841; 4-18-2023 by Ord. No. 7920]
The consumer or user on all property or premises upon which
any building or structure has been or may hereafter be erected having
connection with any mains or pipes which exist or may hereafter be
constructed and used in connection with the water and sewage or water
or sewage systems of the City of Crystal Lake shall pay the following
rates according to the following schedule:
C.
The rates and charges herein established shall be collected from
owners, occupants, consumers and users of the premises for all such
use from and after each scheduled rate adjustment. The minimum rate
for water and sewer monthly billing shall be equal to the combined
water and sewer monthly service charge for the rate period covered.
The fee paid for sewer use shall be determined by the water meter
reading. No discounts shall be allowed for any difference between
the water meter reading and actual sewer use.
D.
Senior citizens may qualify for a water and sewer rate discount of
20% for the first 5,000 gallons billed each month by requesting the
discount and registering with the Finance Department. To receive the
discount, a senior citizen must be 65 years of age, and must reside
at the address and the account must be in his/her name.
E.
Water users outside corporate limits of the City of Crystal Lake
shall pay 1 1/3 times the fee charged for the same services within
the City (except those users covered by contractual agreements whose
fees should be determined in accordance with such contracts).
F.
Bulk water sales made by metered connections to secondary community
water supplies or via metered hydrant for on-site use or via metered
hydrant to a tanker for transport to an end user (except those users
covered by contractual agreements) shall be billed monthly and pay
the following rates according to the following schedule:
G.
Water used during construction of new buildings. Beginning September
1, 2023, and continuing until further adjusted by the Mayor and City
Council of the City of Crystal Lake:
(1)
One- and two-family residences: $109.50.
H.
Temporary hydrant connection. In those instances in which temporary
hydrant connections are intended, the following regulations shall
apply:
(1)
User fees.
(a)
The user shall pay to the City:
[1]
A monthly service charge of $45.06 regardless of the length
of rental during the course of a month.
[2]
$17.54 per 1,000 gallons of water used. The fee is charged in
1,000 gallon increments and shall be billed at the time the meter
is returned.
[3]
A daily hydrant meter/RPZ unit rental fee of $8.93.
(b)
Upon the return of the meter, a meter reading shall be taken
and the user shall be billed these fees. The minimum billing shall
be for 1,000 gallons with a minimum rental fee of one (1) week in
addition to the service fee of $45.06.
(2)
Deposit. As a condition precedent to the issuance of the hydrant meter/RPZ unit for such temporary connection, the applicant shall deposit with the City the sum of $1,500 for a three-fourths-inch hydrant meter/RPZ unit rental or $3,500 for a two-inch hydrant meter/RPZ unit rental to secure the payment of fees related to such connection. This deposit will be used to offset the hydrant meter rental charges as outlined in Subsection H(1) and any damage. Deposits shall be refunded upon return and inspection of all equipment in good operating condition, which shall include the successful testing of the RPZ.
(3)
Hydrant meter/RPZ unit rentals may be rented throughout the year
dependent on availability, and all units shall be returned by December
31 of each year, unless alternate arrangements have been made with
the Public Works Department. Units not returned by December 31 shall
result in the forfeiture of the deposit. Customers who have forfeited
their deposits shall be prohibited from using the hydrant meter/RPZ
unit and to draw any water from the City's fire hydrants until
such time as the account has been paid in full for the water used
and a new meter/RPZ unit deposit has been paid. A recertified unit
will then be provided to the customer.
(4)
The user of any temporary hydrant meter/RPZ unit is responsible for
the replacement cost in the event the unit is lost, stolen, or damaged
in any way.
I.
Surcharge for industrial users. When the average concentrations of BOD and/or suspended solids exceeds 300 mg/l or 350 mg/l, respectively, a surcharge shall be $0.71 per pound of BOD, and $0.35 per pound of suspended solids. All measurements, tests, and analysis of the characteristics of water and wastes to determine the industrial user surcharge factors shall be conducted in conformance with § 515-13. All commercial and institutional users shall be reclassified "industrial" as per the Office of Management and Budget's "Standard Industrial Classification Manual," 1972 Edition, under the category "Division D Manufacturing," when any of their wastes exceed the concentration of§ 515-13 of this chapter.
J.
New account deposit.
[Amended 9-19-2023 by Ord. No. 7957]
(1)
Upon the establishment of a new water/sewer account, a deposit shall
be made to such account prior to any water/sewer service being received
at the property associated with the new account. Upon application
for service, all new account owners must indicate whether the service
is being requested for property that is owned or rented.
(2)
The new account deposit shall be $50 for water/sewer service.
(3)
New account deposits shall be credited to water/sewer service customers
in "good standing" for a period of 24 consecutive months with a minimum
of 22 timely payments and no payments or drafts having been returned
for insufficient funds. Such credits shall be applied to the customer's
next bill following the 24th consecutive month of timely payments.
No deposits to current accounts shall be refunded directly to the
customer until account closure.
(4)
The Finance Director is authorized to waive the deposit requirement
in the event that the City has received an executed application for
participation in the City's Direct Debit Program from the new account
applicant prior to the first billing cycle. Such waiver shall remain
in effect during such time as the customer is enrolled in the Direct
Debit Program and the account remains in good standing. An account
in good standing is one that has not had direct debit payments returned
to the City for insufficient funds on two consecutive billing periods.
Should the account not remain in good standing at any point during
the first 24 months following the establishment of the new account,
the new account deposit will be added to the customer's account, regardless
of enrollment in the Direct Debit Program. The Finance Director is
authorized to process a refund of deposits held by the City on behalf
of water and sewer customers who participate in the Direct Debit Program.
Refunds shall be processed in the form of an account billing credit.
(5)
The
deposit requirement shall be waived for any existing customer relocating
to a new location and establishing a new account, or adding an account
for an additional property within the City service area, provided
that during the preceding 24 consecutive months such customer's existing
account has been kept in good standing.
K.
Terms of payment.
(1)
Liability for payment of fees for water/sewer service: The user of
the City's water/sewer service and the occupant and owner of
the property, or the owner's agent, if different from the user,
shall be jointly and severally liable for the payment of any user
fees, penalties, or special assessments billed for water/sewer service.
(2)
Owner notified if tenant delinquent: After the account has been delinquent
for 60 days, if the owner has provided the City with the owner's
name and address, the City shall deliver notice of the tenant's
or occupant's delinquency to the owner. Depositing the required
notice in the mail, addressed to the owner at the address listed in
the City's records, postage prepaid, shall constitute delivery.
(3)
Manner of correcting inaccurate bills: In any instance where a customer's
bill has been incorrectly calculated or stated for any reason except
unlawful use of utility services, the City shall correct the billing
for any period of time not exceeding 12 months during which incorrect
bills were rendered for under-billed accounts and 12 months for credits
due to an error which caused the account to be overbilled.
(4)
Deferred payment plan: Where a customer has been under-billed, the
City may enter into a written deferred payment agreement with the
customer, whereby the amount due to the billing error may be paid
in equal installments over a period not to exceed 12 months from the
date on which the agreement is signed.
(5)
Termination of service: The City shall have and hereby reserves the right, power and authority to suspend or terminate water/sewer service as provided for in § 515-16 to any customer at any time without incurring any liability or cause of action for damages of any kind.
(6)
Resumption of service: If service is discontinued because the customer's
bills for service are in arrears, or for violation of any provisions
of this article after notice, such service shall not be restored until
all charges, costs and damages, if any, shall have been paid to the
Finance Department; or the violation has been corrected; and any charges
for reinstatement of service pursuant to this chapter have been paid
to the Finance Department.
(7)
Voluntary water shutoff: The City provides a water shutoff service
to residents who are on vacation or away for an extended period. The
fee for voluntary water shutoff shall be $100. The fee shall cover
the cost of water shut-off at the valve box in the City's right-of-way
(the valve the City has installed to access water service) and then
turned back on upon request. The fee shall not be applicable to any
school districts or any unit of local government.
(8)
Responsibility for meter with customer: If water service is terminated
pursuant to this section, the customer shall remain liable for protecting
the water meter from damage from freezing or other causes. If the
meter is damaged, the customer shall be required to return the damaged
meter to the City, purchase a new meter, and have the new meter installed
in accordance with City Code requirements, all at his/her own expense.
(9)
Collection: The City may take all legal action necessary to collect
fees from delinquent accounts including, without limitation, termination
of service, recording a lien against the property, foreclosing on
such lien, hiring a collection agency, refusing to grant any other
utility service, or to issue any City permit or license to the delinquent
customer until the delinquent account has been paid in full, including
any penalties, costs incurred to record liens or releases of lien,
or costs of collection.
(10)
Blanket policy: The City shall also have the right to disconnect
or refuse service to any customer with one or more installations if
the bills are not paid at any one installation.
(11)
Charges and discounts prorated: The charges and discounts established
in this article shall be prorated by the Finance Department for customers
receiving service for less than a full billing period.
L.
Periodic review of charges. The adequacy of the water and sewer charge
shall be reviewed by the City Manager at least annually as part of
the annual budget process. The water and sewer service charge shall
be revised periodically to reflect change in local operation, maintenance
and repair costs, including capital replacement costs.
M.
Disposition of revenues. All revenues and moneys derived from the
operation of the water and sewer system shall be deposited in the
Water and Sewer Fund. The Director of Finance shall receive all such
revenues from the water and sewer system and all other funds and moneys
incidental to the operation of such system as the same may be delivered
to him/her and deposit the same in the account of the fund designated
as the Water and Sewer Fund of the City of Crystal Lake.
N.
Accounts. 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 and sewer system, and at regular annual intervals he/she
shall cause to be made an audit by an independent auditing concern
of the books to show the receipts and disbursements of the sewerage
system.
[1]
Editor's Note: This ordinance is effective 9-1-2021.
A.
Penalty. All sewer and water users not paying the water and sewer
bills on or before the delinquent period as shown in said bill shall
pay a penalty of 20% of the balance of the account.
B.
Adjustment of water and sewer utility bills. A water and sewer utility customer may present a request to the Finance Director to adjust the amount due for such water or sewer service, in the event of a billing dispute. The customer making such request shall provide the Finance Director with documentation or other evidence in support of such request for adjustment. The Finance Director shall be authorized to determine the sufficiency of such evidence or documentation in support of the billing dispute and make such adjustments to the disputed billing, and any penalty imposed pursuant to § 515-15, as the Finance Director believes is equitable and supported by the information submitted by the customer.
C.
Informal resolution.
(1)
If a customer or user calls, visits or writes the City Finance Department,
complaining of an overcharge or other problems with the account, an
authorized representative of the Finance Department can do one or
more of the following:
(a)
Stay termination of service until the Finance Director renders
a decision or all appeals are exhausted, whichever is later; provided,
however, that the Finance Director shall render a decision within
10 days from the date the customer or user called in his/her complaint
or made his/her complaint in person, or from the date of receipt of
a customer's or user's written complaint.
(b)
Conduct an investigation, including, but not limited to, a meter
check in the subject premises, check utility billings for possible
errors in computation of bill and check for leaks or illegal connections.
(c)
Establish a written credit plan, as permitted by this policy,
in cases of claimed financial difficulties.
(d)
If the authorized representative finds merit to the dispute,
an adjustment of the bill can be made with the customer or user with
the approval of the City Finance Director.
(2)
If the authorized representative finds that the dispute as to an
overcharge or other problem with the account has no merit, he/she
shall communicate this decision to the customer or user by certified
mail, return receipt requested, by personal delivery, or by posting
on the premises to be disconnected. The notice of the decision shall
specify that if the account is not paid or the customer or user does
not appeal the decision, on or before five days from the date of receipt
of said notice, the utility service shall be discontinued. The Finance
Director is authorized to develop and recommend rules and procedures
for the implementation and administration of this section.
D.
Informal hearing.
(1)
Any customer or user may request a hearing before the Director of
Public Works and the Director of Finance, or their respective designees,
in the following circumstances:
(a)
Within seven days from the date of receipt of any notice of
termination of service. If the customer or user is charged with a
violation of the water or sewer rules other than a dispute on the
charges or other problems with the account, the customer or user may
only request a hearing as provided herein. The informal resolution
procedure described above is not available to any customer or user
which is charged with other violations of the utility's rules and
regulations.
(b)
Within five days after receipt of the notice of decision by
the authorized representative under the informal resolution procedure
mentioned above.
(2)
The hearing date shall be scheduled during regular City business
hours and for a date convenient to the parties but no later than 10
days from the date of the request. The hearing date and time shall
be confirmed by the City utility in writing to the person requesting
the hearing by first class U.S. mail. At such hearing, the customer
or user shall have the right to be represented by counsel, to appear
at the hearing in person, to present evidence in his/her own behalf
and to examine any evidence which the City utility might introduce.
The City utility is authorized to conduct its own investigation of
the customer's or user's complaint and to present any evidence to
that effect at the hearing. Within five days after the conclusion
of any hearing, the authorized person conducting the hearing will
render a decision on the basis of the evidence presented. Such decision
shall be communicated to the customer or user by certified mail, return
receipt requested, by personal delivery, or by posting on the premises
to be disconnected. In case the decision is against the customer or
user, the notice of the decision shall specify that if the account
is not paid, or the violation is not abated, on or before five days
from date of receipt of notice, the utility service shall be discontinued.
The Finance Director is authorized to develop and recommend rules
and procedures for the implementation and administration of this section.
E.
Adjustment for prevention of freezing water service lines. In cases
where cold weather has caused frost levels to extend below the buried
depth of water service lines, the Finance Director shall be authorized
to adjust water and sewer utility bills for those customers to whom
the City has sent written notification advising such customers:
F.
Payment plan. A customer may contact the Finance Director or his/her
designee and request to be put on a payment plan. The Finance Director
may, in his/her sole discretion, approve a payment plan with a term
of not more than six months and may suspend further accumulation of
penalties. If the customer fails to make any payment when due under
the payment plan, then the entire outstanding balance will become
immediately due, and if applicable, will notify the owner of the property.
If the entire balance is not paid within 15 days of the due date under
the payment plan, the City shall initiate notice and termination procedures
provided in this article.
G.
Delinquency notice; service disconnection.
(1)
If the rates and charges for water and sewer service, including all
penalties, are not paid by the due date of the current bill, a past-due
notice shall be sent by first class U.S. mail.
(2)
The City may discontinue such service after 60 days after a past-due
amount has not been satisfied, or if the customer has been found in
violation of any of the rules and regulations of any utility provided
for in this City Code. If the user or consumer is not the owner of
the premises served, notice shall also be given to the owner of the
premises if his/her name and address has previously been registered
with the City Finance Department by such owner for the purpose of
receiving such notices.
(3)
Notice of intent to disconnect shall be given to the customer or
an adult living at the premises and owner by telephone, personal delivery
or first class U.S. mail. A charge of $25 shall be assessed to the
utility bill for each notice of intent to disconnect. The notice shall
state the balance due, or the rule or regulation which is alleged
to have been violated, whichever is applicable; the phone number to
contact for an informal resolution of the customer's complaints in
cases of disputes concerning the amount due or other problems with
the account; the address and office hours of the utility office in
case the customer wants to informally resolve his/her complaint in
person; and the fact that the customer is entitled to a hearing on
his/her complaint before some authorized agent of the appropriate
utility department when and if the complaint cannot be informally
resolved.
(4)
Five days after the notice of service disconnection, an authorized
agent of the City shall be dispatched to disconnect the service to
the premises where such delinquency exists.
(5)
The City shall also have the right to disconnect or refuse service
from any and all City water and sewer service to any customer or user
with one or more installations if the bills for all City water and
sewer services are not paid at any one installation, subject to the
notice and procedural provisions required by this section.
H.
Reinstatement of service. Should sewer and water users failure to
make payment result in a service shutoff, a reinstatement of service
fee of $100 will be charged accordingly. If any active customer or
user has had utility service disconnected due to a delinquent water
and sewer bill(s) and the customer has not paid the account current
for reinstatement within 30 days, the City shall issue a final bill
for the account. In order to reinstate an account for which a final
bill has been issued, the customer or user shall pay all outstanding
utility bills, the appropriate reinstatement fee(s), and a new deposit(s)
pursuant to this chapter.
A.
Permit required; issuance. No service connection to the City's water
system or sewer system shall be made before a permit is obtained as
provided in this section.
(1)
Application for all such permits shall be made and filed with the
Director of the Department of Community Development, on forms provided
by the Director.
(2)
Permits for service connections shall be issued by the Director of
the Department of Community Development only after payment of all
fees and the charges for such connections, as set forth in this section.
B.
Records. The Director of Community Development shall keep a complete
record of all such permits issued hereunder and the exact location
of such connections made. The Director of Community Development shall
furnish to the City Council, as often as requested, a complete statement
of all such permits issued since his/her last statement.
C.
Application information. The Director of Community Development shall
require the applicant to furnish, in connection with the application
for service connections, the plans of the building to be served and
such other information that he/she may require for the purpose of
determining the amount of charges for such connections in accordance
with the schedule of charges hereinafter set forth.
D.
Permit expiration. The permit shall be issued for ninety-day period,
and after 75 days the Director of Community Development shall send
notification of permit expiration date.
E.
Infrastructure availability charges for service connections. The
charge for each water service connection and for each sewer service
connection shall be as herein set forth. The charge for each water
service connection shall be based upon the diameter of the water service
pipe that would be required to serve the domestic water demand per
the International Building Code and Illinois State Plumbing Code.
The charge for each sewer service connection shall be based upon the
diameter of the water service connection serving the same premises,
regardless of the diameter of the sewer service connection tile or
pipe.
[Amended 4-21-2015 by Ord. No. 7120; 9-15-2020 by Ord. No. 7653]
|
Infrastructure Availability Charge
| |||
|---|---|---|---|
|
Water Service Size
(inches)
|
Water Service Charge
|
Sewer Service Charge
| |
|
Less than 1
|
$3,428.00
|
$4,733.00
| |
|
1
|
$4,456.40
|
$6,152.90
| |
|
1 1/4
|
$5,827.60
|
$8,046.10
| |
|
1 1/2
|
$6,856.00
|
$9,466.00
| |
|
2
|
$10,284.00
|
$14,199.00
| |
|
3
|
$13,712.00
|
$18,932.00
| |
|
4
|
$17,140.00
|
$23,665.00
| |
|
6
|
$20,568.00
|
$28,398.00
| |
|
8
|
$36,570.00
|
$50,488.00
| |
|
More than 8
|
Determined by City Council
|
Determined by City Council
| |
(1)
Service connection for fire suppression only. For an existing property
that has been connected to the City's water system for at least 12
months, and is seeking a new water connection for fire suppression,
the infrastructure availability charge for water service shall not
apply. Instead, a service connection for fire suppression charge in
the amount of $2,700 shall apply.
(2)
Redevelopment. Redevelopment, wherein an existing building is replaced
with a new building, shall result in the calculation and payment of
the water and/or sewer connection fee similar to new construction.
The Director of Public Works shall have discretion of applying a credit
for connection fees previously paid to the property.
(3)
The Director of Public Works shall have the authority to make adjustments
to water and/or sewer connection fees for water and/or sewer connection
circumstances not specifically addressed in this section.
A.
Lien claim; procedure.
(1)
Charges for water and sewer service shall be a lien upon the premises
as provided by statute. Whenever a bill for water and/or sewer service
remains unpaid 60 days after it has been rendered, the Finance Director
may file with the Recorder of McHenry County a statement of lien claim.
This statement shall contain the legal description of the premises
served, the amount of the unpaid bill, the date when the bill became
delinquent, and a notice that the City claims a lien for this amount,
plus the recorder fees for filing the lien, as well as for all charges
for water and/or sewer services provided subsequent to the period
covered by the bill.
(2)
If the consumer of water or sewer services whose bill is unpaid is
not the owner of the premises, and the City Clerk has notice of this,
then notice shall be mailed to the owner of the premises, if his/her
address is known to the Clerk, whenever such bill remains unpaid for
a period of 60 days after it has been rendered.
B.
Foreclosure of lien.
(1)
Property subject to a lien for unpaid water and/or sewer charges
shall be sold for nonpayment of the same, and the proceeds of such
sale shall be applied to pay the charges after deducting costs and
attorney fees. Such foreclosure shall be by bill in equity in the
name of the City.
(2)
The City Attorney is hereby authorized and directed to institute
such proceedings in the name of the City, in any court having jurisdiction
over such matters, against any property for which the water and/or
sewer bill has remained unpaid 60 days after it has been rendered.
