All fees, charges and penalties, unless otherwise
stipulated, shall be established and adopted annually by resolution
of the Board of Trustees. Absent any action by such Board, the most
recently adopted schedule shall continue in effect.
A.
Annual service charge. An annual service charge, which shall be billed quarterly, shall be made to the property owner commencing at such time as the water service connection is made until the time such connection is permanently discontinued pursuant to § A320-21B of these Regulations. Where an individual parcel receives water service through more than one water meter, whether by means of one or more water service connections, the service charge shall apply to each and every meter setting.
B.
Water use charges. A charge shall be made for all water supplied. Such charge shall be based on water consumption as registered on the water meter, or meters, installed on the owner's premises unless such charge is adjusted pursuant to § A320-24.1. Where more than one meter is installed, the water consumption shall be the total of the readings of all meters installed on the owner's premises.
[Amended 3-14-2023 by L.L. No. 7-2023]
C.
Water use charges during construction. For average construction purposes and prior to the installation of a water meter, an annual flat-rate charge shall be made for the use and consumption of water. "Average construction," for this purpose, shall mean the construction of a single-family residence containing not more than 35,000 cubic feet or its equivalent as determined by the Water Department. Where the Water Department determines that the proposed construction will exceed this criterion, the water use shall be metered, and charges pursuant to § A320-23B shall apply.
D.
Special charges. The Water Department, with the approval
of the Village Manager, shall determine the fees and charges in special
cases to cover unusual conditions or types of service not set forth
in these regulations or not included in the fees and charges established
by the Board of Trustees.
Except for emergency situations, as determined
by the Water Department, all services rendered by the Department for
the property owner's benefit (cutoff to permit repairs, temporary
or permanent discontinuance, service restoration and the like) shall
be performed during normal Department working hours. When such services
are required by the owner to be performed at other than normal working
hours, the entire cost of the services shall be borne by the property
owner.
[Added 3-14-2023 by L.L. No. 7-2023]
In the event a property owner, person designated pursuant to § A320-26B, or the Village believe that an exceptionally high water bill is due to a water leak, the water account charges may be adjusted under the Water Account Forgiveness Program as set forth in this section.
A.
Notification. Only the most recently issued water bill is eligible for adjustment under the Water Account Forgiveness Program and the owner or person designated pursuant to § A320-26B must make a written request for an adjustment within 90 calendar days after said bill is mailed. Such request must be made through the submission of an application for water account forgiveness on a form provided by the Village Treasurer's office.
(1)
The applicant must demonstrate that the flow of water to potential
leak sources was promptly shut off upon receipt of the exceptionally
high water bill. If the Water Department requests that the applicant
shut off all water to potential leak sources and the applicant fails
to do so, any units consumed after such request shall not be eligible
for water account forgiveness.
(2)
Upon receipt of a water account forgiveness request or notification
of a potential leak, the Water Department will initiate any necessary
on-site visit(s) and provide meter testing and/or meter replacement
in accordance with established procedures, refusal of such access
shall result in the application for water account forgiveness being
rejected. Any such work completed by the Village will be charged in
accordance with the established fee schedule.
(3)
If requested by Water Department personnel, the applicant must
also show proof that a licensed plumber or other appropriately qualified
professional was engaged to investigate and resolve the matter within
14 calendar days of the excessive water bill being issued. Such proof
may be shown by submission of a signed letter, repair cost estimate,
or invoice by such licensed plumber or other appropriately qualified
professional.
B.
Eligible leaks. Only water accounts which have an excessive water account charge due to water leak, which has been verified and repaired in accordance with this section, are eligible for adjustment under the Water Account Forgiveness Program, with the exception of § A320-24.1H. The Water Department shall make a recommendation as to whether the excessive water account charge was caused by the water leak, and the Village Manager shall have the final determination of such.
C.
Calculation of adjustment. Any adjustment under the Water Account
Forgiveness Program is limited to charges for water consumption only
and no other charges may be adjusted. To be eligible for a water charge
adjustment under the Water Account Forgiveness Program, the water
bill which is the subject of the application must be not less than
150% of the most recent three-year average for the same billing period,
excluding any estimated, skipped, or otherwise known irregular meter
reads from the calculation. Accounts which are granted forgiveness
under the program shall receive a billing adjustment of water consumption
at the base rate for all water used during the subject billing quarter.
The Water Department shall also require the following before any such
adjustment is approved:
(1)
Excess water consumption detection system. As a condition for water account forgiveness, the water account holder, at their sole expense, must provide proof that an excess water consumption detection device has been installed. Such detection system must be capable of automatically notifying the owner when high consumption is detected and must be installed on the water meter or water pipe at a location closest to the water meter. Under no circumstances may an excess water consumption device interfere or tamper with the reading of the water meter's usage rate. The Village Manager may waive this requirement if an excess water consumption detection system is incompatible with the water account holder's water system or if the water meters presently used by the Village are capable of reporting excess water consumption. Subsection F shall apply if the installation of an excess water consumption detection system is waived by the Village Manager.
(2)
Proof of repair. To be eligible for water account forgiveness,
the account holder must provide proof that the leak was repaired within
30 calendar days of the bill being issued which is the subject of
the request.
(a)
Any such repairs must be performed by a licensed plumber or
a qualified professional appropriate for the nature of the leak. A
signed letter or invoice from the licensed plumber or appropriate
qualified professional which documents the repairs completed shall
constitute proof of repair.
(b)
If a permit is required for the repair, proof of permit and
final inspection approval are required before water account forgiveness
can be granted.
(c)
In exceptional circumstances, where a repair cannot be effectuated
within 30 calendar days, the Village Treasurer may waive the thirty-day
requirement, provided all other conditions have been met and the account
holder has provided proof that repairs are underway, and that the
water supply to the leak has been disconnected.
(3)
Replacement of water meter. If the Water Department deems necessary,
the property owner must allow the water meter to be replaced or upgraded.
If the property owner does not provide such permission, the water
account forgiveness application will be rejected, and the account
holder must pay the entire water bill amount.
D.
Approval of water account forgiveness. After the Village Treasurer
has determined that the applicant's water account is eligible
and approved such application, and the Water Department has also approved
such application, the application and associated documentation shall
be forwarded to the Village Manager for his or her final approval.
Upon final approval by the Village Manager, the Village Treasurer
shall notify the account holder that the application for water account
forgiveness has been approved and shall make the appropriate adjustment
to the subject water account. If the application for water account
forgiveness is denied, the applicant will be notified of such and
must pay the bill in full according to the due date listed on the
bill or the Village Treasurer may offer the account holder a payment
plan in accordance with the standard rules and procedures.
E.
Current account. To qualify for the Water Account Forgiveness Program,
the property must have an up-to-date water account with no current
delinquencies.
F.
One-time account forgiveness. Each water account may only receive
an adjustment under the Water Account Forgiveness Program once for
the duration of property ownership. The Village Treasurer shall be
responsible for ensuring that the subject water account has not received
a previous adjustment under the program. Correction of billing, mechanical,
or human error shall not count for this purpose.
G.
Responsibility for payment. The account holder is responsible for
any payments while the water account forgiveness application is being
processed. While the water account forgiveness application is being
processed, or if the application is denied, the Village Treasurer
may offer a payment plan in accordance with the standard rules and
procedures. The Village Treasurer may also agree to a payment plan
if the water account forgiveness application is approved. Late fees
and penalties shall be suspended while payment is being made under
a payment plan. Notwithstanding the above, late fees and penalties
shall be reimposed from the initial payment due date upon default.
H.
Non-leak incident. In the event that the exceptionally high water
bill charges were issued due to a bona-fide Village error, such as
an erroneous bill, water meter malfunction or break, staff or software
error, the Village Treasurer is authorized to make any necessary adjustments.
Adjustments completed to remedy a bona-fide error shall include documentation
of the precise nature of the error and method used to calculate the
dollar amount of the adjustment. The Village Manager shall be promptly
notified of any systemic issues involving multiple accounts requiring
adjustment for the same reason. Adjustments made due to bona-fide
error shall not count as an adjustment under this section.
I.
Reporting. The Village Treasurer shall provide to the Village Manager
an annual summary report of the adjustments made to water accounts
under the Water Account Forgiveness Program. Such report shall detail
the number and dollar amount of adjustments made, categorized by leak-related
and error-related causes.
J.
Retroactive relief for prior leaks. Notwithstanding the time frame to apply for an adjustment as enumerated in Subsection A, water account holders who experienced a water leak which caused an exceptionally high water bill prior to this law's effective date shall be eligible for an adjustment under the Water Account Forgiveness Program within 90 days of this law going into effect if all other requirements of this section are met and the water account bill which is the subject of the application was issued within one year of this law going into effect. Notwithstanding the above, all other provisions in this section shall apply to any adjustments made under this subsection.
