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A copy of the ordinance codified herein, properly certified by the village clerk, shall be filed in the office of the recorder of deeds of Lake County, Illinois. It shall be deemed notice to all owners of real estate of their liability for service supplied to any user of the service of the combined waterworks and sewerage system of the village on their properties. (Ord. 11-07-10, 7-5-2011)
No free service of any of the services supplied by the combined waterworks and sewer system including nonreturned water to the sanitary system shall be supplied by the village to any person, firm, organization or corporate entity, public or private. (Ord. 13-12-24, 12-16-2013)
During construction of any building, and before any water meter is installed as is herein provided, the contractor so constructing the building may be permitted to use the village water supply by making application therefor and paying the flat fee prescribed by the village board of trustees. (1976 Code § 51.038)
A. Bills Rendered:
1. For the purpose of the operation of the combined waterworks and sewerage system, the calendar year shall be divided into six (6) bimonthly periods containing two (2) calendar months and said bimonthly periods shall begin on May 1, July 1, September 1, November 1, January 1 and March 1 of each year. The owner of the premises shall be liable to pay for the service on such premises and the services furnished to the premises by the village of Antioch.
All bills for service shall be billed to the owner of the property and rendered bimonthly within the first seven (7) working days of the month succeeding the period for which the service is billed, and shall be payable no later than the close of business on the thirtieth day following the rendition of the bill. If payment is not made within said thirty (30) day period, a penalty of ten percent (10%) of the amount of the bill shall be added thereto and a late notice will be mailed to the owner. If payment is not made after sixty (60) days a notice of intent to record a lien and intent to shut off services shall be mailed. If payment is not made after ninety (90) days a notice to lien and shut off service with payment due in five (5) days will be mailed.
2. It is hereby made the duty of the village treasurer of the village of Antioch to render a bill for service and for all rates and charges in connection therewith and to collect all monies due thereon.
B. Delinquent Charges: In the event the charges for service are not paid within ninety (90) days after rendition of the bill for such service, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquencies shall constitute liens upon the real estate for which such service is supplied, and the village clerk is hereby authorized and directed to file a sworn statement showing such delinquencies in the office of the recorder of deeds of Lake County, Illinois, and the filing of such statement shall be deemed a lien and public notice for the payment of such charges for such service. The owner of the property shall be responsible for the payment of fees to record and release such liens as well as an administrative fee of fifteen dollars ($15.00). (Ord. 13-12-24, 12-16-2013)
A. Nonpayment: If the rates or charges for such service are not paid within ninety (90) days after the rendition of the bill for such service, such service shall thereafter be discontinued without further notice and shall not be reinstated until all past due bills including the penalties thereon are paid in full together with payment made of one hundred dollars ($100.00) for reinstating such service. (Ord. 13-12-24, 12-16-2013)
B. Notice Of Delinquency; Lien:
1. Whenever a bill for water or sewer service remains unpaid for ninety (90) days for bimonthly service after it has been rendered, the village treasurer 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 village claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.
2. If the consumer whose bill is unpaid is not the owner of the premises and the village treasurer has notice of this, notice shall be mailed to the owner of the premises if his address is known to the village treasurer, whenever the bill remains unpaid for the period of ninety (90) days, or a bimonthly bill after it has been rendered. (1976 Code § 51.039; amd. Ord. 13-12-24, 12-16-2013)
3. The failure of the village treasurer to record the lien or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for unpaid bills as mentioned in subsection B2 of this section. (1976 Code § 51.039)
C. Foreclosure Of Lien: Property subject to a lien for unpaid charges shall be sold for nonpayment of the lien, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. The foreclosure shall be by bill in equity in the name of the village. The village attorney is authorized and directed 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 has remained unpaid ninety (90) days for a bimonthly bill after it has been rendered. (1976 Code § 51.040; amd. Ord. 13-12-24, 12-16-2013)
Any owner desiring for his convenience a shutting off of the water supply shall make application therefor to the village treasurer and a charge of one hundred dollars ($100.00) shall be made for shutting off and turning on of the water at the request of any such user. Such shutting off of the water shall not avoid the imposition of and the liability for the payment of minimum basic user charges elsewhere provided in this article. The village reserves the right to refuse to turn water off in the event persons other than the one requesting the shut off are residing in the property. (Ord. 13-12-24, 12-16-2013)
A. Revenues:
1. All revenues and monies derived from the operation of the combined waterworks and sewer system shall be held by the village treasurer separate and apart from her private funds and separate and apart from all other funds of the village, and all of said sum, without any deduction whatever, shall be delivered to the village treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the mayor and board of trustees.
2. The village treasurer shall receive all such revenues from the combined waterworks and sewer system and all other funds and monies incident to the operation of said system as the same may be delivered to her and deposit the same in a separate fund designated as the "waterworks and sewerage fund of the village of Antioch" and said treasurer shall administer such fund in every respect in the manner provided by the applicable provisions of division 139 of article 11 of the Illinois municipal code, approved May 29, 1961, and all laws amendatory thereof and supplementary thereto and as provided in the ordinances heretofore adopted authorizing the issuance of bonds and the loan agreement of said village.
B. Accounting:
1. a. The waterworks and sewerage fund is the principal accounting designation for all revenues received and expenses incurred in the operation of the waterworks and/or sewerage system. These revenues and expenses shall be accounted for so that water system revenues and expenses shall be recorded separately in the waterworks account of the fund and revenues and expenses of the sewerage system shall be recorded separately in the sewer account of the waterworks and sewerage fund. (Ord. 13-12-24, 12-16-2013)
b. The village treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the waterworks and sewerage system. At regular annual intervals, he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the waterworks and sewerage system. (1976 Code § 51.044; amd. Ord. 08-02-02, 2-19-2008)
2. In addition to the customary operating statements, the annual audit report shall also reflect the separate revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the user charge system do in fact meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following:
a. Flow data showing total gallons received at the wastewater plant for the current fiscal year.
b. Billing data to show total number of thousand gallons billed.
c. Debt service for the next succeeding fiscal year.
d. Number of users connected to the system, metered and additional units served.
e. Number of nonmetered users.
f. A list of users discharging nondomestic wastes (industrial users) and volume of wastewater discharged.
3. The annual audit report shall contain such other financial information consistent with future guidelines to be established by the Illinois environmental protection agency. (Ord. 13-12-24, 12-16-2013)
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