(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]