Statements for water charges shall be mailed to each customer
following the last day of the quarterly period for which such statements
are rendered.
Statements for water charges or fees shall be due and payable
on the date indicated on the statement. If such statements remain
unpaid following the due date ("late payment") there shall be added
to such statements a penalty in the amount of 10% of the amount due.
The penalty date and the total amount due thereafter shall be separately
listed on such statements. Any customer that has incurred three late
payments within a two-year period may be required to pay to the Village
a security deposit in the amount of the highest quarterly bill incurred
within the last two years for the continuation of water services.
The fee for any check, draft, or other bank instrument returned to
the Village for insufficient funds, account closed, or payment stopped
shall be $30.
[Amended 4-8-2019 by Ord.
No. 2019-07]
A. If a statement for water charges and fees remains unpaid 30 days after the due date, or if grounds for water service termination arise pursuant this section or §
225-131 of the Village Code, the Village Clerk or the Clerk's designee shall notify the Water Commissioner and the person responsible for the water account in question by personal delivery or certified mail (return receipt requested), of the Village's intention to discontinue water service.
(1)
Said notice shall:
(a)
Advise the person responsible for the account that the Village intends to terminate his or her water service pursuant to this §
225-235;
(b)
Describe the amount due or the basis for such discontinuance
of service; and
(2)
Said notice shall also advise the person responsible for the
account of administrative procedures available for contesting the
bill or service discontinuance notice, including procedures for requesting
an informal hearing as provided in this section.
B. Within 10 days after receipt of notice of the Village's intention
to discontinue water service, the person responsible for the account
may request an informal hearing before the Water Commissioner or the
Commissioner's designee to resolve the dispute. Upon receipt of such
request, the Water Commissioner or his or her designee shall promptly
schedule an informal hearing and provide the requesting party reasonable
advance written notice, by personal delivery or certified mail (return
receipt requested), of the time and place of the hearing. The hearing
shall be informal and designed to obtain all information and evidence
relevant to the billing or money owed and the dispute concerning it
or any other basis for such discontinuance of service. The Water Commissioner
or his or her designee shall make written findings of fact and a written
determination, and shall send a copy of the decision, by personal
delivery or certified mail (return receipt requested), to the person
responsible for the account.
C. If, after 30 days, no hearing is requested and the overdue amount
remains unpaid or the basis for such discontinuance of service remains
unresolved, or in the event that the Water Commissioner or his or
her designee determines as a result of the informal hearing that a
payment is due and owing and it has not been paid within 10 days after
such determination was served on the person responsible for the account,
then the Water Commissioner shall turn off the water at the shut-off
box of the premises of the person, firm, or corporation to which the
water account relates.
D. Water service shall not be terminated later than three hours prior
to the end of a normal work day for the Village employees, nor on
afternoons preceding a weekend or holiday.
E. Water service shall not be turned on again until all overdue amounts,
penalties, a resumption of service fee, as established from time to
time by ordinance, and a security deposit equal to the two highest
quarterly bills within the last two-year period are paid, and, to
the extent applicable, the violation providing the basis for such
discontinuance of service has been cured (or a corrective action program
has been approved by the Board of Trustees in its sole discretion).
F. The Water Commissioner may also terminate the water service of any person, firm, or corporation if the Board of Trustees determines that such person, firm, or corporation has violated any provision of this Part
2; provided, however, that such person, firm, or corporation shall be entitled to the same notice and hearing procedures afforded to overdue accounts pursuant to this section.
G. No person shall in any manner obstruct or cause to be obstructed
the free access of any Village personnel to any water meter, shut-off
box, or connection with any water main or service pipe, or refuse
or prevent full access thereto by such personnel whenever such personnel
shall reasonably desire access thereto. The refusal of any person
to allow Village personnel access to water meters or to cooperate
in any inspection or survey of the water system shall constitute a
sufficient basis for termination of water service, after notice and
an opportunity for an informal hearing in the same manner as provided
in this section for overdue accounts.
H. The Water Commissioner may also terminate the water service to any
property on which the Board of Trustees determines that a chronic
nuisance structure exists. For purposes of this section, a "chronic
nuisance structure" is any building for which no certificate of occupancy
has been issued by the Village; one or more notices of violation of
the Village's building regulations and/or life-safety codes and ordinances
has been issued by the Village; a stop-work order has been issued
by the Village; and corrective action has not been taken by the owner
for a period of six months or more after issuance of the first violation
notice or stop-work order. The person, firm, or corporation that is
the owner of the property on which the chronic nuisance structure
is located shall be entitled to the same notice and hearing procedures
afforded to overdue accounts pursuant to this section prior to water
service termination. If water service to a property is terminated
pursuant to this subsection, the service shall not be turned on again
until the chronic nuisance structure is brought into conformity with
Village codes and ordinances; or the property owner and the Village
enter into a compliance agreement that is acceptable to and approved
by the Board of Trustees in its sole discretion.