(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 system, and every person, company or corporation, hereinafter called a "customer" who accepts and uses village water service 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 using water service from the village without paying therefor, or who shall be found guilty of breaking the seal of any meter or appurtenances, or bypassing any meter, shall be guilty of violating this chapter, and upon conviction, shall be fined a sum as provided in § 10.99 of this code of ordinances.
(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, or erecting signs on the property of the Department without permission shall, upon conviction of that act, be fined as provided in § 10.99 of this code of ordinances.
(E) Service obtained by fraud. All contracts for water service 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 a 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 or her 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 un-billed month.
(G) Request to discontinue service. Services shall have been deemed to have been supplied to any property connected to the water system during a month unless the customer notifies the village prior to the first day of the new billing month in which the services are to be discontinued.
(H) Billing; utility shut-off.
(1) Billing. All water bills shall be mailed to users on or before the first day of each month and shall be due and payable on the tenth day of such month. There shall be added to all water bills not paid on or before the due date a penalty of 20% of the amount due on the bill.
(2) Disconnection for non-payment. Water service will be terminated 20 days after the due date for payment.
(3) Hearing. Any customer disputing the correctness of the water bill or a violation of this chapter shall have a right to a hearing at which time they may be represented in person and/or by legal counsel of their choosing. The customer may present orally or in writing their complaint and request for a hearing on the correctness of the water bill to the Village Water Clerk. If a hearing is requested as provided herein, the hearing shall be conducted by a Hearing Officer as soon as practicable. The Hearing Officer shall be a designee of the Board of Trustees. The Hearing Officer shall be authorized to order that the customer service not be disconnected and shall have the authority to make a final determination of the customer's complaint. Requests for delays or waiver of payment will not be entertained at the hearing. Only questions of proper and correct billing will be considered.
(4) Notice to property owner. If the customer who has been notified for nonpayment of water bill is not the owner of record, then the village shall also notify the record owner of the property by first class mail.
(5) Disconnection. Once water service has 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 $40 for each connection of the water service, plus expenses incurred in reconnecting the water service. Responsibility for payment for water services at all times shall be with the user and with the property owner of record. If water service is disconnected for non-payment, water service will only be reconnected during normal Water Department hours, Monday through Friday, 7:00 a.m. to 3:30 p.m.
(6) Reconnection. When water service has to be reconnected for a new customer, there shall be a $40 turn-on fee paid in advance.
(7) Change of occupancy. Any user requesting termination of services shall give written notice to the village ten days prior to the time the termination of service is desired. Responsibility for payment for water services prior to the date of termination shall be with property owner as well as the user. There shall be no charge for transferring the water service to the subsequent user.
(8) Returned check. Any check written to the village that is returned for non-sufficient funds will be charged a fee of $25 or be subject to shut-off of water service.
(I) Lien notice.
(1) Whenever a bill for water service remains unpaid for 90 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 water service 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 or her address is known to the Clerk whenever the bill remains unpaid for a period of 60 days after it has been rendered.
(2) The failure of the Clerk 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 water bills as mentioned herein.
(J) Foreclosure of lien.
(1) Property subject to a lien for unpaid utility charges may be sold for non-payment of the same, 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.
(2) The Village Attorney is hereby authorized to institute the proceedings in the name of the village in any court having jurisdiction over the matters against any property for which the bill for utility services has remained unpaid 90 days after it has been rendered.
(2001 Code, § 38-2-1) (Ord. 15-08-17 Ord10, passed 8-17-2015; Ord. 15-09-21 Ord11, passed 9-21-2015)
Cross-reference:
Disconnection for non-payment of sewer bill, see § 52.22