(A)
Customer Accepts Service. The rates, rules and regulations contained
in this chapter shall constitute and be considered a part of the contract
with every person, company or corporation who is supplied with water
and sewer services from the waterworks and sewerage system and every
person, company or corporation, hereinafter called a "customer," who
accepts and uses Village water and sewer services shall be held to
have consented to be bound thereby.
(B)
Not Liable for Interrupted Service. The Department shall endeavor
at all times to provide a regular and uninterrupted supply of service;
however, in case the supply of service shall be interrupted or irregular
or defective or fail from causes beyond its control or through ordinary
negligence of employees, servants or agents, the departments shall
not be liable therefor.
(C)
Using Services Without Paying. Any person, including property owners,
using utility services from the Village without paying thereto, or
having bypassed any meter, shall be guilty of violating this chapter,
and, upon conviction, shall be fined a sum of not more than $750 plus
court costs. In addition, with regard to rental properties, the owner
of the real estate shall be liable to the Village for all water usage
with regard to said premises, and the renter or occupier of the premises
moves out leaving a balance owed. In such event, the water meter shall
be locked and no further water service will be provided until the
balance owed to the Village has been paid in full.
[Amended 8-20-2014 by Ord. No. 14-08-01; at time of adoption of Code
(see Ch. 1, Administration, Art. I, General Code Provisions, Div.
I)]
(D)
Destroying Property. Any person found guilty of defacing, tampering, injuring or destroying, or in any manner, limiting the use or availability of any meter or any property of the waterworks system and sewerage system, or erecting signs on the property of the Department without permission shall, upon conviction of such act, be fined as provided in § 1-1-41 of the Village Code.
(E)
Service Obtained by Fraud. All contracts for water and sewer services
shall be made in the name of the head of the household, firm or corporation
using the established spelling of that person's or firm's name. Attempts
to obtain service by the use of other names, different spellings or
by substituting other persons or firms shall be considered a subterfuge
and service shall be denied. If service has been discontinued because
of nonpayment of bills, or any unpaid obligation and service has again
been obtained through subterfuge, misrepresentation or fraud, that
service shall be promptly disconnected and the whole or such part
of the advanced payment as may be necessary to satisfy the unpaid
obligation shall be retained by the Village and credited to the appropriate
account.
(F)
Failure to Receive Bill. Failure to receive a bill shall not excuse
a customer from his obligation to pay within the time specified. Should
the Department be unable to bill a customer for services used during
any month, the following billing shall include the charges for services
used during the unbilled month.
(G)
Request to Discontinue Service. Services shall have been deemed to
have been supplied to any property connected to the Water and Sewer
Systems during a month unless the customer notifies the Village 10
days prior to the first day of the new billing month in which the
services are to be discontinued.
(H)
Billing; Utility Shutoff; Hearing.
(1)
All water meters are read by the 20th of each month. Bills are
mailed the first day of the following month, and should be received
within two days. If, for some reason, the bill is not received, a
resident should either call or come into the Village Hall to request
a duplicate bill. Water bills are due on or before the 20th of each
month, unless the 20th falls on a weekend or a holiday. When this
happens, the bills will be due on the first business day after the
20th. Water bills not paid by the 20th, or by the next business day
due to a weekend or holiday, will be assessed a 10% late fee. All
residents will be required to have all balances on account paid in
full no later than the last day of the month or the first business
day following the last day of the month if the last day of the month
falls on a weekend or a holiday to avoid disconnection of service
which will result in the water meter being locked or pulled. Services
disconnected will result in the assessment of a $25 reconnection fee.
Before service is restored, past-due balance, late fee and the reconnection
fee must be paid.
[Amended 8-20-2014 by Ord. No. 14-08-01]
(2)
The Village charges a $35 returned check fee for any check returned
unpaid by the bank. If a customer's check is returned on the date
the customer is scheduled for disconnection, his water service will
shut off, without notice. The past due amount, the reconnection fee,
and the returned check fee must be paid before service will be reconnected.
[Amended 8-20-2014 by Ord. No. 14-08-01]
(3)
Once utility services have been disconnected, the same shall
not be again connected or used until all delinquent accounts and bills
of service are paid in full, including a fee of $25 for each connection
of such utility services, plus expenses incurred in the reconnecting
of the utility services.
(I)
Lien Notice. Whenever a bill for utility services remains unpaid
for 30 days after it has been rendered, the Clerk shall file with
the County Recorder of Deeds a statement of lien claim. This statement
shall contain the legal description of the premises served, the amount
of the unpaid bill, and a notice that the municipality claims a lien
for this amount to the period covered by the bill. If the consumer
of utility services whose bill is unpaid is not the owner of the premises
and the Treasurer has notice of this, then notice shall be mailed
to the owner of the premises if his address is known to the Clerk
whenever such bill remains unpaid for a period of 30 days after it
has been rendered. The failure of the Clerk to record such lien or
to mail such notice, or the failure of the owner to receive such notice
shall not affect the right to foreclose the lien for unpaid utility
bills as mentioned herein.
[Amended 8-20-2014 by Ord. No. 14-08-01]
(J)
Foreclosure of Lien. Property subject to a lien for unpaid utility
charges may be sold for nonpayment of the same, and the proceeds of
such sale shall be applied to pay the charges, after deducting costs,
as is the case in the foreclosure of statutory liens. Such foreclosure
shall be by bill-in-equity in the name of the Village. The Village
Attorney is hereby authorized to institute such proceedings in the
name of the Village in any court having jurisdiction over such matters
against any property for which the bill for utility services has remained
unpaid 30 days after it has been rendered.
[Amended 8-20-2014 by Ord. No. 14-08-01]
[Amended 8-20-2014 by Ord. No. 14-08-01]
It is hereby made the duty of the Water Department to prepare
or cause to be prepared a complete and accurate list of all premises
and properties receiving utility services, showing the name and address
of the occupant and the owner of the same. The list shall be kept
up-to-date, and shall be corrected from time to time to allow changes
in the occupancy or ownership of any such property or premises. It
shall be presented at the regular monthly meeting if requested.
The owner of any lot, parcel of land or premises and the user
of the services shall be jointly and severally liable for the payment
of the services to such lot, parcel of land or premises, and all services
are rendered to the premises by the Village only on the condition
that such owner, occupant and user shall be jointly and severally
liable therefor to the Village.
Whenever any meter, by reason of its being out of repair or
from any cause fails to properly register the utilities passing through
the same, the consumer shall be charged the average charge of the
previous three months' usage. If no record of the previous three months
exists, then it shall be the duty of the Water Clerk to estimate the
amount of utilities consumed during the time the meter fails to operate
and the consumer shall be charged with such estimated amount. Bills
may be estimated whenever it is impossible to read the meters during
inclement weather.
No free utility service shall be furnished to any person, public
or private, and all rates and charges shall be nondiscriminatory,
provided that the Mayor and Village Board reserve the right to impose
special rates and charges in cases where particular circumstances
render the regular rates inadequate or unjust.
(A)
Before water and sewer services may be provided, persons who rent
premises in the Village shall apply for them by filling in an application
(see attached copy), and by paying a $300 water meter deposit. The
water meter deposit shall be refunded when they vacate their rented
property, provided their water bills have been paid through the date
of termination of the service. Persons who purchase premises in the
Village shall apply for water and sewer services by filling in an
application (see attached copy). A water meter deposit for residents
purchasing premises will not be required. Applicant must provide proof
of legally recorded, contractual agreement for purchase of said premises
for deposit to be waived.
[Amended 5-17-2016 by Ord. No. 2016-05-01]
(B)
Security for Payment - No Interest. The deposits made under the provisions
of this chapter shall be held by the Village as security for the payment
of utility services used by the applicant upon the premises to which
his application pertains, and may be so applied when any default is
made in the payment in the utilities bill in accordance with this
chapter. The depositor shall earn no interest on the deposit.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
A consumer shall be charged a transfer fee in an amount as established
from time to time by the Village Board for each transfer of water
service from one residence to another residence within a six-month
period and within each subsequent six-month period.
