[HISTORY: Adopted by the President and Board of Trustees
of the Village of Sidney 12-17-1990 by Ord. No. 120. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:[1]
Any individual, firm, company, municipal or private corporation,
association, society, institution, enterprise, governmental agency
or other entity.
The President of the Board of Trustees of the Village of
Sidney, Champaign County, Illinois.
The Village of Sidney, County of Champaign, State of Illinois.
The person appointed by the President, subject to confirmation
by the Board of Trustees, to collect revenues due the Water Department.
The committee consisting of three members of the Board of
Trustees of the Village of Sidney appointed by the President.
The executive department of the Village established for the
operation of the Village water system.
The Village of Sidney fund maintained for the receipts and
disbursements relating to operation and maintenance of the water system
and for depreciation reserve and for payment of principal and interest
on revenue bonds of the water system.
The person appointed by the President, subject to confirmation
by the Board of Trustees, to superintend the Water Department and
who shall have the general management and control of the water system,
subject to supervision of the Water Committee and the Board of Trustees.
The Village Water Committee, hereinafter referred to as the
"Water Committee," shall have the supervision, management, and control,
subject to approval by the Village Board, of the maintenance, enlargement,
and operation of the waterworks system of the Village, all matters
and things connected to the operation, maintenance, and extension
of the waterworks system, and the selling of water therefrom and preserving
the property belonging thereto.
There is hereby established an executive department of the Village
to be known as the "Water Department," and the President is hereby
authorized to appoint, subject to confirmation by the Board of Trustees,
a Superintendent of the Water Department and all other necessary employees.
Said Superintendent shall have the general management and control
of the waterworks system, subject, however, to the supervision of
the Water Committee.
The President is authorized to appoint, subject to confirmation
by the Board of Trustees, a Water Collector. It is the duty of the
Water Collector of the Village to render bills for water service and
for charges in connection therewith and to collect all moneys due.
All such revenues shall be delivered to the Village Treasurer not
more than five days after receipt of same, or at such more frequent
intervals as may from time to time be so directed by the Village President
and Board of Trustees. Sufficient revenue received from the operation
of the waterworks system shall be deposited in a separate fund designated
as the "water fund" of the municipality. It shall be used only to
pay the cost of operation and maintenance of the system, to provide
an adequate depreciation fund, and to pay the principal of and interest
upon the waterworks system revenue bonds of the Village. The water
and services of the waterworks system of the Village shall not be
furnished free to any person. Every user of water from the Village
waterworks system shall have a metered connection to the system.
The owners of all houses, buildings, or properties used for
human occupancy, employment, business, recreation, or other purposes
situated within the corporate limits of the Village and abutting any
street, alley, right-of-way, or easement in which there is now located
or may be in the future be located any public water main of the Village
is required at his expense to connect to the public water system in
accordance with the provisions of this chapter, within 90 calendar
days after the date of official notice to do so, provided the public
water main is within 100 feet of the property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No water shall be furnished for any use until the person who
desires the water makes written application therefor to the Water
Collector, stating the location at which the service is requested
and the purpose for which the water is to be used, and pays the fees
stated herein as required for connection. Applications for service
shall be made at least 14 days prior to the date service is required.
[Amended 3-3-1997 by Ord.
No. 97-02; 7-10-2006 by Ord. No. 2006-04; 8-2-2010 by Ord. No. 2010-05; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
A.
Fees as set forth in Chapter 130, Fees, of the Village Code shall be paid at the time application is made for water service.
B.
Request for new service.
(1)
When a request for new service is made pursuant to forms provided by the Village for such purpose, that customer's prior water bills must be paid in full; and a refundable deposit in an amount set forth in Chapter 130, Fees, of the Village Code must be paid before service is provided, if the water service is to be in the name of and paid by a person other than the owner of the real estate to which the service is provided.
(2)
This deposit is to afford the Village security for payment of unpaid
water bills at that property; and at such time as water service is
terminated, said deposit shall be applied to any unpaid water bills
and the balance shall be refunded to the customer.
(3)
Deposits are not usually required for property owner customers because unpaid bills of owner occupants are liens against the premises and the Village's interest in protecting itself against delinquent water bills is deemed adequately protected by the property lien process. However, if that customer has previously been delinquent in payment of Village water bills on two or more occasions, has had service disconnected for nonpayment, or has paid with a check returned for insufficient funds, the water Clerk may require a refundable deposit in an amount set forth in Chapter 130, Fees, of the Village Code.
C.
If a person requests temporary water service for construction or other purposes, and the Village Water Superintendent finds such requested service creates no public health or safety risks, then the temporary service customer shall first pay a refundable deposit in an amount set forth in Chapter 130, Fees, of the Village Code, which shall be applied to the water usage when said usage is complete. The balance of the deposit not needed for water service shall be refunded to the customer after satisfactory termination of water service.
All water consumers supplied by the Village of Sidney shall be supplied through meters only, except as specified in § 236-9B, and shall pay for the water at the rates and in the manner hereinafter specified.
[Amended 2-26-1991 by Ord. No. 122; 8-1-2005 by Ord. No. 2005-05]
A.
Basic rates.
(1)
The basic water rates shall apply to all single-family dwellings,
commercial, and industrial premises, as well as multiple dwelling
units and those premises where more than one dwelling unit is served
by one water meter.
(2)
The basic water rates shall be based on water usage as recorded by
water meters, except that if a meter fails to operate properly or
conditions prevent the reading of meters, then each bill for water
service for that period shall be estimated by the Village, with the
basis for the estimate being the user's past usage during the same
billing period in the past two years. If no record of the previous years exists, then
it shall be the duty of the Water Superintendent to estimate or determine,
so far as he can, the amount of water consumed during the time such
meter fails to operate, and the consumer shall pay the amount so estimated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The volume of water used for computing the basic water rates shall
be metered water consumption read to the fractional increment of 100
gallons.
(4)
For users having more than one dwelling unit on the premises, one
minimum charge shall be charged for each water meter service on the
premises.
(5)
For hookups made within 15 days or less remaining in that month's
billing cycle, the flat minimum rate described below will not be charged.
(6)
For hookups made with more than 15 days remaining in that month's
billing cycle, the rates will be charged as described below.
(7)
The basic water rates shall be set forth in Chapter 130, Fees, of the Village Code.
[Amended 10-6-2008 by Ord. No. 2008-08; 9-2-2014 by Ord. No. 2014-06; 4-4-2016 by Ord. No. 2016-02;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8)
For users who are not within the corporate limits of the Village,
the rates for water usage shall be double the amount charged users
within the corporate limits, subject to negotiation. The Village authorities
may determine, in their absolute discretion, on a case-by-case basis,
whether and on what terms to furnish water to users outside the Village
corporate limits.
[Amended 5-6-2002 by Ord.
No. 2002-08]
A.
Rates and charges for service shall be due within 15 days of the
postmarked date of said bill. The owner of the premises being served,
the occupant thereof, and the user of the service shall be jointly
and severally liable to pay for the service on the premises and the
service as furnished to the premises by the Village, only upon the
condition that the owner of the premises, occupant, and the user of
the service are jointly and severally liable therefor to the Village.
B.
All bills for water service shall be rendered on or about the first
day of the month succeeding the period for which the service is billed,
and shall be payable not later than the close of the business day
15 days from the bill's postmarked date. A ten-percent late charge
shall be added to all bills, or remaining parts thereof, not paid
within 15 days of such postmarked date. When such 15th date is a Sunday
or a legal holiday, then bills for service shall be payable on the
next succeeding calendar day, without an additional late charge.
C.
Delinquent payments.
[Amended 8-2-2010 by Ord.
No. 2010-05]
(1)
If the rates or charges for service are not paid within 15 days after
rendition of the bill for the services, the Village Water Collector
is authorized and directed to notify in writing the owner of the premises,
and the occupant thereof, as it appears in the Village records, that
nonpayment exists and that if such nonpayment continues to exist at
the end of 15 additional calendar days, such services shall be disconnected,
unless arrangements satisfactory to the Village for payment of the
delinquent account are effected.
(2)
A customer who has received a fifteen-day delinquent notice and who
claims inability to pay the entire delinquency within 15 days, but
is willing to timely pay all future billings and pay the delinquent
balance within such additional time as the Village and customer may
agree, may continue service without disconnection; provided, however,
that if the customer violates such payment agreement reached in lieu
of disconnection, then the Village may disconnect such service immediately.
(3)
The Village may, in its absolute discretion, delay the shut-off procedure
if compelling circumstances, such as health of the occupants, welfare
of children or infants, and/or the public health and safety, would
be adversely affected by such immediate disconnection.
D.
Returned checks.
[Amended 7-10-2006 by Ord. No. 2006-04]
(1)
Any customer who pays a water bill with a check which is returned unpaid for "NSF - insufficient funds" shall be charged a fee as set forth in Chapter 130, Fees, of the Village Code, which shall be added to and included on the customer's water bill.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
If a customer has two water service checks returned for "NSF - insufficient
funds" within a six-month period, then the Water Clerk may thereafter
require that the customer pay his/her water service bills, including
any connection fee, reconnection fee, or NSF check charges, by cash
or certified funds.
E.
If a water service is terminated due to customer or owner request,
or because of nonpayment of bill(s) for water service as provided
by Village ordinances, then that water service will not be turned
on in either the name of the owner, or the current customer, or a
requesting new customer until all delinquent bills for that service,
plus the required deposit for reconnected or new service, have been
paid in full to the Village.
[Added 8-2-2010 by Ord.
No. 2010-05]
F.
The Village Water Collector shall provide copies of billing notices provided under Subsection C hereof, to both the owner and the premises occupant water customer(s), since both the owner and the occupant customer(s) of the premises are, pursuant to Subsections A and G hereof, jointly and severally liable for water/sewer service to the premises.
[Added 8-2-2010 by Ord.
No. 2010-05]
G.
To reduce water/sewer services billing delinquencies, the owner and
occupant of the subject premises are jointly and severally liable
for water/sewer service provided. The owner of premises having water
service shall notify the Village whenever the occupancy of that owner's
property changes, since such notice will better enable the Village
to collect any delinquencies applicable to said property before new
service is provided to the new owner and/or new occupant.
[Added 8-2-2010 by Ord.
No. 2010-05]
[Amended 5-6-2002 by Ord.
No. 2002-08]
A.
In the event the charges for service are not paid within 30 days
after rendition of the bill for service, the charges shall be declared
delinquent, and thereafter the delinquencies shall constitute liens
upon real estate for which the service is supplied. The Village Clerk
is authorized to file from time to time, as directed by the Village
President, sworn, detailed statements showing delinquencies in the
office of the County Recorder of Deeds in the manner required by the
Illinois Municipal Code and the filing of the statement shall be deemed
notice of the lien for payment of the service rendered.
B.
The Village Attorney shall institute administrative or judicial collection
procedures and/or judicial foreclosure proceedings against any property
for which a bill has remained unpaid 30 days after it has been rendered,
as directed by the Board of Trustees.
A.
Ownership, installation, and maintenance. The Village shall install,
own and maintain the complete water system, water mains, and service
lines to the property lines or a mutually agreed upon point, subject
to the Village Board's determination that a particular service is
economically feasible to install. The Village shall furnish, install,
and maintain the service line from the main to a curb stop installed
in a meter pit on the Village right-of-way, near the user's property
line nearest the main, or such a point determined by a duly authorized
representative of the Village.
B.
The Village shall furnish a water meter for use by the customer.
The meter shall be installed in a meter pit located within the Village
right-of-way, except that in certain new and existing new installations,
the Village, at its discretion, may require that the water meter be
installed indoors within the user's dwelling, with a remote readout
device mounted on the exterior of the dwelling. In new installations,
the indoor meter installation shall be completed by the user and shall
comply with all local and state plumbing codes. Upon completion of
the new meter installation, the user shall notify the Village Water
Superintendent and arrange for an inspection of the installation by
the Village Water Superintendent, prior to establishment of water
service. The location of the indoor meter and the remote readout device
shall be approved by the Village Water Superintendent prior to installation.
C.
Refusal of service. The Village may at any time refuse additional
service to any applicant if in the judgment of the Village Board the
capacity of the system will not permit such use or the service is
not economically feasible.
D.
Liability. All water service supplied by the Village shall be upon
the express condition that the Village shall not be liable nor shall
any claim be made against it for damages or injury caused by reason
of the shutting off of water for repair, relocation, or expansion
of any part of the system; failure of any part of the system; or for
concentration of water for such purposes as fire-fighting or restricted
use of water.
E.
Use of water on user's premises. The Village shall reserve the right
to use a reasonable volume of water from the user's facilities at
any reasonable time deemed necessary. No charge shall be made by the
user for such Village use of his or her facilities and no charge shall
be made by the Village for the water used by the Village.
A.
Installing and maintaining service lines. The user shall be completely
responsible for installation and maintenance of service lines and
plumbing between the meter and residence or business. The service
line must be at least 3/4 inch in diameter, and must be installed
to a depth of not less than four feet below the ground surface. Service
lines must have a minimum working pressure rating of 160 psi at 73.4° F.
and must be constructed of either Type K copper, or Schedule 40 PVC.
Service lines shall not be covered until they are inspected and approved
by a duly authorized representative of the Village. The user shall
not connect any other water source to any structure or plumbing system
connected to the public water system. The user shall not modify the
meter installation or the service line installation in a way so as
to allow water to pass to the user without being metered. The service
line must meet all requirements of the Illinois Environmental Protection
Agency and the State of Illinois Plumbing Code.
B.
Installation and protection of water meters.
(1)
In water meter installations in which the meter and the remote device
is located on the user's premises, the Village will install the meter
and remote readout device supplied by the Village. The meter installation
shall be at a location protected from freezing and shall be in accordance
with all applicable state and local codes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
When remote meters located on the user's premises are damaged by
frost, freezing or any other means, the Village Water Superintendent
shall be notified at once. The cost of repairing the meter or meters
damaged by frost or negligence shall be paid by the person owning
the property.
C.
Access and easements. The user shall grant all easements and rights-of-way
to the Village as may be necessary for the installation of service
to the user's property and will allow access for the purpose of construction,
repair, maintenance, meter reading, and relocation of the user's service.
The necessity of such access shall be determined by the Village Water
Committee, along with the Water Superintendent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Damage to Village property. No person shall tamper with, adjust, damage, or in any manner interfere with the components or operation of the water system owned by the Village. Service shut-off valves and hydrants shall be opened by duly authorized representatives of the Village. No person or customer other than the Village Water Superintendent or his or her duly authorized representative shall tap into any Village-owned water main. The penalty for such violations are specified in § 236-14, Penalties, of this chapter.
E.
Specified uses of water. Water purchased from the Village may be
used for ordinary domestic, commercial, industrial, or farm uses upon
the premises of the user, provided the following are met:
(1)
No user shall resell or permit the resale of water for potable use
which has been purchased from the Village, unless permission is granted
by the Village Board.
(2)
If more than one family unit is located upon the premises, the user
shall make application for each family unit. A separate shut-off valve,
meter and service line shall be installed for each family unit (i.e.,
a trailer park, duplex, apartment house, or condominium complex shall
have a separate service for each family unit).
F.
The user of the water shall be completely responsible for payment for all water which passes through the user's meter, except as noted in § 236-16, Leak adjustment policy, herein. No credits or adjustments will be made to bills due to above-ground leaks, frozen pipes, broken appliances, or lawn watering on the user's premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person violating any of the terms and provisions of this chapter,
or any of the rules and regulations herein, shall be subject to a
penalty charge of $750. The penalty shall be payable to the Village
of Sidney. If the penalty is not paid within 30 days or the violation
discontinued within five days after notification by the Village, the
Village shall shut off the water service and reconnection shall not
be completed until the penalty is paid in full.
B.
In addition to the penalty charge, the person or persons guilty of
a violation shall reimburse the Village for the actual cost, including
labor, of repairing or replacing any items damaged from such violation,
plus all costs and attorney's fees incurred by the Village in stopping
the violation, collecting the penalty and the cost of repair.
A.
Any customer may, at any reasonable time, request verification of the accuracy of the water meter in use on the customer's premises. Such test will be made at an independent testing facility designated by the Village. Prior to the test, the customer is required to deposit with the Village a sum set forth in Chapter 130, Fees, of the Village Code, to cover the cost of removing, testing, and replacing such meter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In the event that the test on the meter reveals that the meter registers
over by more than 4% (such percentage to be defined as the average
of the check-and-open flow tests as provided by the independent testing
agency), then a meter accurate to those specifications shall be substituted
and the test deposit shall be fully refunded. Credit will be granted,
based on the percentage over 100% accuracy, for a billing period equaling
not more than two months prior to the date of removal of the meter
for testing.
C.
In the event that the meter is found to be registering within the
specified four-percent limit for overage, the customer shall forfeit
the deposit and such funds shall be deposited in the Village of Sidney
water fund.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any residential customer may at any reasonable time apply to the
Village Water Collector for an adjustment to the customer's water
bill due to leakage in the customer's system. A leak adjustment will
be considered on a case-by-case basis and only if the following criteria
are met:
(1)
It has been conclusively determined that the leak has been a subsurface
leak, on the service line between the meter box and the customer's
premises. No leak adjustments will be granted for above-ground leaks.
(2)
It has been conclusively determined by the Village Water Superintendent
that the customer has not had beneficial use of the water in question.
Beneficial use of the water shall include, but not be limited to,
the filling of swimming or wading pools, intentional or unintentional
subsurface irrigation of grasses, crops and/or gardens.
(3)
It has been conclusively determined by the Village Water Superintendent
that no portion of the "excess" water metered has been caused by gross
negligence on the part of or on behalf of the customer, including,
but not limited to, plumbing installation work not in conformance
with the State of Illinois Plumbing Code.
(4)
A leak adjustment has not been previously granted for the water service
to the property in question within the last five consecutive years
prior to the application in question.
(5)
The volume of water used during the period being applied for, as
indicated by the meter reading, is not less than three times the "normal"
usage for that customer. Normal usage is defined as the water usage
for that customer for the same billing periods of the last three years
or the best available data if fewer than three years are available
for that customer.
B.
The leak adjustment will be considered for only one two-month billing
period. A leak adjustment application for a period of usage extending
over more than one billing period will automatically be reduced to
the most recent part of the application.
C.
The Water Collector shall determine the leakage adjustment using
the accepted calculation procedure as shown on Attachment A to this chapter.[1] The Water Collector shall determine the customer's normal
usage and shall compare that normal usage to that on the bill in question.
The difference between the "normal" usage and the bill in question
shall be defined as the "excess volume." The leakage adjustment, if
granted, shall be a reduction in the due amount of the bill equal
to 50% of the value of the excess volume of water billed as determined
by the rates listed herein and revisions henceforth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Attachment A is included as an attachment to
this chapter.
The requirements for extensions of water mains shall be as follows:
A.
The Village Board must approve all plans and specifications for any
extensions.
B.
Before any extensions are installed, the plans and specifications
must be reviewed and approved by and a permit must be obtained from
the Illinois Environmental Protection Agency.
C.
Ownership, rights-of-way, and title must be conveyed to the Village
for all extensions installed by anyone other than the Village. The
Village will maintain the mains thereafter.
D.
No extension will be permitted if, in the opinion of Village Board,
the water system does not have the capacity to serve the proposed
extension.
E.
Cost of water main extensions. The total cost of all water main extensions
shall be borne by the person requesting the extension, unless it is
determined by the Village Board that it is to the benefit of the Village
as a whole to participate in some manner in the construction of the
extension.
The following regulations for consumers of water and plumbers
are hereby adopted and established:
A.
No person shall in any manner obstruct the access to any stop-cock,
hydrant or valve, or any public faucet or opening for taking water
in any street, alley, public ground or place connected with or part
of said water system, nor pile or place any lumber, brick or building
material or other article, thing or hindrance whatsoever within 12
feet of the same, or so as to in any manner hinder, delay or obstruct
the members of the Fire Department in reaching the same. It shall
be unlawful for any person in any manner to interfere with or obstruct
the flow, retention, storage or authorized use of water in said water
system, reservoir or plant, or any part thereof, or to injure, deface,
remove or displace any water main, hydrant, service pipe, water meter,
shutoff box, public fountain, valve, engine or building connected
with said water system, or plant, or to cause, suffer, or permit any
of said things to be done. Any person who shall perform any act in
violation of this subsection shall, upon conviction thereof, be fined
not less than $50 nor more than $750 for each offense and shall, in
addition, be liable for the actual damage done or caused.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No water consumer may supply water to other families or allow them
to take it, except for use on the premises and for the purposes specified
in the application, nor after water is introduced into any building
or upon any premises shall any person make or employ any other person
to make any tap, or connection with the work upon the premises for
alterations, repairs, extensions or attachments without a written
permit therefor to be issued by the Water Superintendent.
C.
The Village reserves the right to shut off water at any time in the
mains for the purpose of repairing, cleaning, making connections with
or extensions to same, or for the concentrating of water in any part
of the Village in case of fire; and for restricting the use of the
water in case of deficiency in supply. No claim shall be made against
the Village by reason of the breaking of any service pipe or service
cock, or damage arising from shutting off of water for repairing,
laying or relaying mains, hydrants or other connections or repairing
any part of the water system, or from failure of the water supply,
or by increasing the water pressure at any time, or from concentration
or restricted use of water as above.
D.
Blocking meters prohibited.
[Added 3-3-1997 by Ord.
No. 97-02]
(1)
No person shall block, cover, asphalt over, fill with dirt, or otherwise
cover or obstruct a water meter located within the Village right-of-way.
(2)
If a meter is covered over, asphalted over, concreted over, filled
over with dirt, or otherwise covered, then the Village Water Department
shall uncover said water meter to its former and appropriate condition
whereby said meter may be read in the customary manner. The Water
Department shall excavate and uncover said meter and the cost thereof
shall be paid by the owner of the property which is serviced by said
meter. If there is more than one owner of said property, then the
owners shall be jointly and severally liable for such cost.
(3)
The cost of uncovering a meter as provided in this Subsection D shall be a lien against the real estate and an appropriate notice thereof may be filed with the Champaign County Recorder to effect such lien, as in the case of unpaid water bills. This lien may be enforced by the Village Attorney as directed by the Board of Trustees.
The right is reserved to suspend the use of lawn fountains,
hoses for sprinkling lawns and gardens, and the use of water for private
or commercial vehicle washing or other unessential uses specified
by the Water Committee, whenever in the opinion of the Board of Trustees
public exigencies require it.
This chapter shall be effective on January 1, 1991.
