City of Waverly, IL
Morgan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Waverly as Ch. 28, Arts. I and II, of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use — See Ch. 247.
Water system — See Ch. 294.
As used in this chapter, the following terms shall have the meanings indicated:
UTILITY
Includes water, sewer, gas and/or any other utility service furnished by the City to consumers thereof.
All pertinent provisions of this chapter are hereby made a part of the terms and conditions whereby the City shall furnish any utility service to any person; or whereby the City shall make any utility connections or perform any work of any kind in connection with the furnishing of any utility service pursuant to the rules and regulations of the City Council.
Any utility service furnished under the provisions of this chapter shall be in accordance with and in compliance with all applicable technical provisions of this Code, state law and City ordinances, rules and regulations.
The City Council shall have the authority to establish by rule or regulation such standards and specifications as may be deemed necessary for the installation, construction and maintenance of any utility service system owned and operated by the City within or without the City and under the management of the Council. Such rules, regulations, standards and specifications shall be filed in the office of the City Clerk. Violation of such rules, regulations, standards and specifications shall be deemed a misdemeanor.
In order to protect the utility service supply, the City will not make any water or sewer taps or electrical connections outside the City limits until the premises involved have been inspected and approved by the Plumbing Inspector.
Any authorized inspector of the City shall have free access at any time to all premises supplied with any utility service by the City for the purpose of examination in order to protect the utility services from abusive use.
The City shall have the right to disconnect or refuse to connect or reconnect any utility service for the following reasons:
A. 
Failure to meet the applicable provisions of law.
B. 
Violation of the rules and regulations pertaining to utility service.
C. 
Nonpayment of bills.
D. 
Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise.
E. 
Molesting any meter, seal or other equipment controlling or regulating the supply of utility service.
F. 
Theft or diversion and/or use of service without payment therefor.
G. 
Vacancy of premises.
The City shall not be liable for any damage of any customer of any utility service furnished by the City due to backflow of the sewerage system, failure of supply, interruption of service or any other cause outside the direct control of the City.
[Amended 5-13-1980 by Ord. No. 80-1; 5-13-1980 by Ord. No. 80-3; 12-6-2016 by Ord. No. 16-12]
An application for utility service will be required for all new customers. All charges for service shall be to the user and/or owner who has made application for such service. The owner of the premises and the occupant thereof shall be jointly and severally liable to pay for utility service on said premises, and the service is furnished to the premises by the City upon the condition that the owner of the premises and the occupant are jointly and severally liable therefor to the City. Both the user and the owner of the premises shall be required to apply for utility service to the premises and acknowledge in writing that they shall be jointly and severally liable to pay for all charges incurred as well as for all recording fees, court costs and attorney fees incurred by the City in collecting the amount due and/or foreclosing a lien. If the owner of the premises is different from the occupant of the premises, then the owner shall provide notice to the City Treasurer of the owner's name and current mailing address.
The City may decline or fail or cease to furnish utility service to any person who may be in debt to the City for any reason, except ad valorem taxes and special assessments.
Approval of the application for any utility service by the City Council shall be deemed permission for such service.
All premises connected to any utility service of the City shall be assumed to be using such utility service and the owner or occupant shall be charged therefor so long as such premises shall remain connected with the utility service.
Any person having a permit from the City for the use of any utility service offered by the City who shall use such utility service for any purpose other than mentioned in such permit or who shall make any unauthorized changes in such service shall be deemed guilty of a misdemeanor.
It shall be unlawful for any person, not having authority to do so, to open any water hydrant or tamper with any utility service furnished by the City to consumers, or to in any other way molest, damage or trespass upon any equipment or premises belonging to the City connected with any utility service.
The City reserves the right to cut off any utility service without notice in case of emergencies. When an interruption in service is necessary for the maintenance and improvement of the utility system, affected customers shall be notified as circumstances permit.
The City hereby reserves the right to at any time restrict or prevent the use of any utility service furnished by the City during periods of emergency or circumstances demanding such restriction or prevention of use.
It shall be unlawful for any person to resell any utility service obtained from the City to others except only by special arrangement with the City Council.
Connections for any utility service furnished by the City shall be made only under the supervision of the Utility Department.
Every building, structure or consumer in the City shall have a separate utility service connection.
Any person who shall make any connection in any manner to any utility system, whether owned by the City or not, without the prior knowledge and consent of the owner of such utility system shall be deemed guilty of a misdemeanor.
No person, other than employees of the City, shall be authorized to connect, turn on, turn off or disconnect any utility service offered by the City, or remove, replace or repair any equipment connected to any such utility service.
The consumer of any utility service furnished by the City shall maintain and keep in good repair all connections, appliances and other apparatus installed and used in connection with such utility service.[1]
[1]
Editor's Note: Original Sec. 28-23 of the 1973 Code, Improper use of sewers, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Meters for the measurement of utility services furnished by the City shall be furnished and installed by, and shall remain the property of, the City.
[Amended 5-4-1976 by Ord. No. 76-3; 7-21-1992 by Ord. No. 92-4; 12-6-2016 by Ord. No. 16-12; 2-6-2018 by Ord. No. 18-2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Along with the application for utility service, the applicant therefor shall be required to pay to the City a deposit in an amount set forth in the fee schedule adopted by the City Council. The deposit may not be used to pay monthly bills, but may be used by the City to settle, in whole or in part, an account upon termination of utility service. Any customer who pays late three or more times during a twelve-month period, and has not previously paid a deposit for the specific location, shall be required as a condition of continued utility service to pay a deposit as set forth in the fee schedule. Upon request, a purchaser of a home will be entitled to a refund of the deposit if: 1) at the time of purchase there were no unpaid water or gas charges related to the property; and 2) during the 12 months immediately following the purchase of the residence all water and gas charges for the property have been paid in conformance with § 279-28 and all other applicable City ordinances. The requirement for paying a deposit will be waived for a purchaser of a residence who can demonstrate that he/she has been a City water and gas customer in good standing during the five years immediately preceding the purchase of the residence.
B. 
A customer may pay a deposit or bill by use of a credit card or debit card; however, the customer will be charged a fee as set forth in the fee schedule for each transaction to help defray the City's costs associated with receiving credit card and debit card payments. The City will only accept MasterCard, Visa and Discover credit cards.
Refunds of deposits made for utility service shall be made upon the termination of such utility service only after payment of all indebtedness to the City for such utility service. Application of deposit may be made in partial or total settlement of accounts when the supply is cut off for nonpayment of bill, or for any infraction or violation of any ordinance, rule or regulation of the City relative to utility services offered by the City.
[Amended 12-6-2016 by Ord. No. 16-12]
Outstanding utility bills, fees or penalties due and owing to the City must be reconciled and paid prior to a new resident taking over the account or receiving services at the location. If a tenant vacates rental property, the owner will not be required to pay a new deposit for the particular utility address if during the immediately preceding 12 months prompt and timely payment has been made for the services received at that location. When premises are vacated, any amounts due for utility services at that location must be paid in full before utility services shall be commenced at another location. There shall be no transfer, or so-called transfer, from one location to another of deposits made for utility service; and in each case said transfer shall be considered a new application for service and shall be treated as such.
The rates and charges for the consumption of utility services furnished by the City, as well as the charges and fees for connection thereto, shall be as determined by the City Council from time to time and on file in the office of the City Clerk.
[Amended 12-6-2016 by Ord. No. 16-12]
A. 
Meters will be read on the last day of the month. Bills will be mailed by the 11th day of the month and are due on the 23rd day of the month. Final notices shall be mailed by the end of business on the last day of the month or, if the last day is not a business day, then by the end of the next business day. If an owner has registered rental property with the City, a copy of the final notice that is mailed to the tenant or occupant thereof of the rental property shall also be mailed to the owner. If one of the foregoing dates falls on a weekend or holiday, the date shall extend to the next business day. City employees must pay their entire bill every month.
[Amended 4-4-2017 by Ord. No. 17-2]
B. 
No late payment adjustments or modifications are allowed unless requested by the customer and approved by the Mayor or his/her designee. Upon request and a showing of unique circumstances, the Mayor or his/her designee may make adjustments or modifications. All adjustments or modifications of utility bills shall be agreed to in writing and be reported to the City Council at its next monthly meeting. A copy of any agreement made with a tenant or occupant of rental property will also be mailed to the owner if the owner's name and address are known.
C. 
Customers who plan to be away for an extended period of time may make arrangements to have bills sent to them at an out-of-City address or pay, in advance, an amount representing prior charges for a similar time frame. Upon returning to the City, the customer shall make the payments necessary to settle any outstanding balance incurred while away.
[Amended 12-6-2016 by Ord. No. 16-12; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A late charge of 10% will be added to payments received on or after 24th day of the month. In addition, the City shall charge an amount set forth in the fee schedule adopted by the City Council for checks returned due to insufficient funds (NSF). The customer shall have three business days from the date the City notifies the customer of the NSF check to make it good with cash or a credit card payment. A customer may not give another check for an NSF check. If the City receives two NSF checks within a twelve-month period, the City has the right to put the customer on a cash-only basis.
[Amended 12-6-2016 by Ord. No. 16-12]
In the event bills for utility services shall not be paid when due, the utility services shall be disconnected on the 11th day of the month following the mailing of the final notice as provided for in § 279-29 or as soon thereafter as practical. Notwithstanding the foregoing, a bill in arrears at the end of a month in an amount less than $25 may carry over until the next month without disconnection. Utility service will not be resumed to a location until the outstanding charges have been paid in full.
[Amended 12-6-2016 by Ord. No. 16-12; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event utility service is disconnected for nonpayment, the property owner has the right to have the same reconnected upon payment of all amounts due and a reconnection fee as set forth in the fee schedule adopted by the City Council.
[Amended 12-6-2016 by Ord. No. 16-12]
A. 
The owner of the property upon which any building or structure is located, and the occupant of which has incurred liability for utility service charges, shall be jointly and severally liable for the payment of such charges.
B. 
Water and/or sewer bills remaining unpaid 10 days after the 23rd day of the month shall constitute a lien upon the real estate to which the service has been rendered. Upon being directed by the City Council, the City Clerk shall determine the amount of unpaid charges and penalties and file a notice of such lien in the office of the Morgan County Recorder, Morgan County, Illinois, and pursue such legal action as is necessary to collect the delinquent charges. Both the user and the owner of the premises shall be jointly and severally liable to pay for all water and sewer charges incurred as well as for all recording fees, court costs and attorney fees incurred by the City in collecting the amount due and/or foreclosing the lien. If the user whose bill is unpaid is not the owner of the premises and the City Clerk has notice of this, notice shall be mailed to the owner of the premises, if the owner's address is known to the City Clerk, whenever such bill remains unpaid for the period of 10 days for a monthly bill after it has been rendered. The failure of the City Clerk to record such lien or to mail such notice shall not affect the right to collect the unpaid bill or foreclose the lien for unpaid bills as mentioned in the foregoing section.
C. 
Real property subject to a lien for unpaid charges shall be sold for nonpayment of the 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 mortgages on real estate. Such foreclosure shall be in the same manner as provided for foreclosure of mortgages on real estate. The City Attorney, when directed to do so by the City Council, shall institute such proceedings in the name of the City in any court having jurisdiction over such matters against any property for which the bill has remained unpaid 10 days after the 23rd day of the month the bill became delinquent. The City may also sue the occupant or user of the real estate in a civil action to recover money due for water and sewerage services, plus costs and reasonable attorneys' fees to be fixed by the court, all in accordance with statute, and may employ special counsel to do so if it deems fit.
Consumers wishing to discontinue the use of any utility service shall give written notice thereof at the City Hall. Failure to do so shall render them liable for the payment of all bills until such notice has been given.
[Added 12-6-2016 by Ord. No. 16-12]
A. 
Budget billing is available to a residential customer who has lived at his/her residence a minimum of 12 months. The plan starts in May of each year. Calls are accepted in March, April, and May in order to have accounts calculated for the budget amount and for customers to reaffirm with the City that they want to remain/renew budget billing. If a customer does not inform the City that he/she wants to remain on budget billing, his/her bill will revert back to the normal monthly billing.
B. 
The budget billing amount is an estimated amount that will be calculated on 12 months of usage. If a customer starts with budget billing and decides to cancel budget billing during the year, he/she will be required to pay the actual bill amount and any amount owed. Any credit that remains at the end of the budget plan year will carry over to the next year. If a customer chooses to go off the budget payment plan, any credit left on the account will go towards the next month's bill. No refunds will be given, unless service is terminated by the customer and the customer is leaving the City utilities. Budget billing amounts will not transfer from one account to another account if a customer moves within the City utility service area. The customer will have to have 12 months of billing to enroll back into the budget billing program. Monthly bills will show the amount of usage and monthly budget amount.
C. 
Budget billing will be offered at a specific residential location utilizing one or more utility services offered by the City. Final bills will include the amount necessary to settle the account balance as of the date of the final meter reading. A customer may contact the utility office for the status of his/her account. Customers may request that their budget billing amount be recalculated due to legitimate unforeseen circumstances (for example, large water leak, keeping house warmer due to new baby, additional people moving into or out of household, house vacant or for sale, house damaged and not livable, etc.). Accounts will be reconciled (brought current) during the April billing. The City reserves the right to recalculate the budget billing based on a change in circumstances (e.g., significantly higher price of gas purchased by the City). Disconnection and collection rules apply when a customer fails to pay his/her budget billing amount. The City has the right to remove the customer from the budget billing program for failure to pay the budget bill amount for two consecutive months. The City reserves the right to suspend or terminate the budget billing program when, based on a change in circumstances, it is deemed to be in the best interests of the City.
D. 
Wholesale and commercial customers may not participate in the budget billing program.