[Ord. No. 1976-126]
Users of sewer service whose average
monthly water consumption is in excess of 8,900 cubic feet and who
return only a portion of such water to the sewerage system may make
written request to the Director of Finance that the volume of water
used as a basis in billing for sewer service be reduced. Such request
shall state the attending circumstances and shall include a report
or statement regarding the percentage of total water consumption being
returned to the sewerage system. The said Director of Finance shall,
either himself or through those selected by him, investigate each
such request and shall arrive from the facts at the percentage of
total water consumption being returned to the sewer system. The said
Director of Finance shall apply the percentage so found in determining
the charge for sewer service. Each applicant shall have the, right
to submit facts, figures, statements and arguments to said Director
of Finance to assist him in arriving at a proper percentage and if
dissatisfied with the findings of the Director of Finance shall have
the right to appeal the matter to the City Manager. The Director of
Finance thereafter shall review the status of each case at intervals
of not less than three months or more than nine months from the date
of the original finding or review.
Charges and rates for sewerage service
shall be made monthly on the date the water meter is read or in case
of no water meter, on the first day of every month. All bills for
such service shall be rendered within 10 days after the water meter
is read or within 10 days after the first of the month in case there
is no water meter. Said bills shall be due and payable within 20 days
after the water meter is read or within 20 days after the first of
the month, as the case may be. If not paid within said period, a penalty
of 10% shall be added for each month or fraction thereof that the
same remains delinquent. Failure to receive the monthly bill shall
not be an excuse for the nonpayment of the aforesaid 10% penalty.
It is hereby made the duty of the
Director of Finance to render bills for the sewerage service and other
charges in connection therewith and to collect all moneys due therefor.
The owner of any lot, building or
premises and the occupant thereof and the user of the sewerage service
of said system shall be jointly and severally liable to pay for such
service on said premises, and the services shall be furnished to the
premises by the City only upon the condition that the owner of the
premises, occupant, and user of the service are jointly and severally
liable therefor to the City.
In the event charges for sewerage
service are not paid within 30 days after rendition of the bill for
such service, such charges shall be deemed and are hereby declared
to be delinquent, and thereafter such delinquent charge shall constitute
a lien upon the real estate for which such sewerage services are supplied.
The Director of Finance is hereby authorized and directed to file
sworn statements showing such delinquencies in the office of the Recorder
of Deeds of McLean County, Illinois, and the filing of such statements
shall be deemed notice for the payment of the sewerage charges for
sewerage service. If the delinquency in the payment of the sewerage
charges continues for a period of more than 30 days, such service
shall be discontinued.
That the lien for sewerage rents
and delinquent penalties established by law against the premises and
real estate upon or for which sewers of the City is used shall be
enforced and foreclosed by a suit in Chancery in the Circuit Court
of McLean County, Illinois, according to the rules and practices of
said Court. Said lien also may be enforced and foreclosed by intervention
in any suit already commenced in said Court or any other Court whenever
said intervention is proper under the law. Whenever the City is made
a defendant in any suit on account of any lien it may have for the
furnishing of sewerage, it shall have full power to enforce its said
lien in said proceedings.
The method herein provided for enforcing
and foreclosing the lien for sewerage rents and penalties shall not
be considered as excluding any other remedy or any other method of
collecting said sewerage rents and penalties but Shall be concurrent
with all other remedies and methods.
All revenues and moneys derived from
the operation of the sewerage system shall be held by the Director
of Finance separate and apart from all other moneys that may come
into his hands as Director of Finance and shall be deposited in a
separate bank account, and all such amounts without any deductions
whatsoever shall be delivered to the City Treasurer not more than
10 days after receipt of the same or at more frequent intervals as
may from time to time be directed by the City Manager.
The City Treasurer shall receive all such revenues from the sewerage system and all other funds and moneys incident to the operation of said system as the same may be delivered to him by the Director of Finance as provided by §
37-410 of this article and deposit the same in a separate bank account and accounted for as a separate fund designated as the "Sewerage Fund of the City of Bloomington" and said City Treasurer shall administer such fund in every respect as in manner and form provided by law and shall establish a proper system of accounts separate from all other records and accounts which he may be required to keep as such City Treasurer, and such records and accounts shall show complete and correct entries of all transactions relating to the sewerage system.