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8-1-16: TAMPERING WITH WATERWORKS:
It shall be unlawful for any person not authorized by the City to tamper with, alter or injure any part of the City waterworks or supply system of any meter. (Ord. 78-11, 3-6-1978)
8-1-17: USERS ON RAW WATER TRANSMISSION LINE:
   A.   Application For Connection: Property owners desiring to connect to the raw water transmission line shall make application on an application form furnished by the City. (Ord. 78-11, 3-6-1978)
   B.   Tapping And Meter Fee: The fee for tapping the transmission line shall be pursuant to the "schedule of charges" set by the Waterworks and Sewer Committee. (Ord. 78-11, 3-6-1978; 1997 Code)
   C.   Compliance With City Provisions: Applicants shall agree to abide by all provisions of the City pertaining to the use of the waterworks system of the City and agree to have no redress on the City for the purity of said water, as said water shall be raw water, not treated or purified. (Ord. 78-11, 3-6-1978)
8-1-18: WATER SERVICE CHARGES:
   A.   Measurement Of Flow: The volume of flow used for computing user charges shall be the metered water consumption read to the lowest even increments of one thousand (1,000) gallons.
   B.   Meter Failure: Whenever, for any cause, a water meter fails to operate, a reasonable estimate shall be made by the public works director of the amount of water supplied during the period such meter fails to operate and the user shall pay a rate based in whole or in part on the estimated amount of water supplied. (Ord. 78-11, 3-6-1978)
   C.   Service Rates:
      1.   Within City Limits: The rates for water service in the city limits are set by the waterworks and sewer committee.
      2.   Outside City Limits: The rates for water service out of the city limits and raw water line service are one and one- half (11/2) times the rates charged within the city limits.
   D.   Period Of Service; Discontinuance: Water shall be deemed to have been supplied to any property connected to the waterworks system during any period, unless the water user shall have given written notice to the public works director prior to the first day of the period that service should be discontinued on or prior to the first day of such period. Upon the receipt of such notice, water service shall be discontinued in accordance therewith and shall not be resumed until a request for the resumption of water services shall be made.
   E.   Right To Impose Special Charges: The city council reserves the right to impose special charges for water supplied to properties not covered by the above rates or which, in the judgment of said council, should be charged special rates.
   F.   Water Turned Off; Turn-On Charge: Any user wanting the water service shut off, and then turned on for the user's convenience, shall pay a charge for this service pursuant to the "schedule of charges" set by the waterworks and sewer committee. (Ord. 78-11, 3-6-1978; amd. 1997 Code)
   G.   Review Of Service Charge: The adequacy of the water service charge shall be reviewed, not less often than annually, by certified public accountants for the city of Barry, in their annual audit report. The water service charge shall be revised periodically to reflect a change in local capital costs or operation, maintenance and replacement (OM&R) costs.
   H.   Access To Books And Records: The IEPA or its authorized representative shall have access to any books, documents, papers and records of the city of Barry which are applicable to the city of Barry system of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of the special and general conditions to any state grant.
   I.   Method Of Computation: The method for computation of rates and service charges established for user charges in ordinance 1977-78-11 shall be made available to a user within five (5) days of receipt of a written requirement for such. Any disagreement over the method used or in the computations thereof shall be remedied by the city collector within five (5) days after notification of a formal written appeal outlining the discrepancies. (Ord. 1-2000, 2-7-2000)
8-1-19: BILLING PROCEDURES:
   A.   Bimonthly Payments: The rates or charges for service shall be payable bimonthly.
   B.   Owner, Occupant And User Responsible For Payment: The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the city only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefor to the city.
   C.   Rendition Of Bills: Bills for water service shall be sent out by the city on the first day of the month succeeding the period for which the service is billed.
   D.   Penalty For Late Payments: All water bills are due and payable ten (10) days after being sent out. A penalty of ten percent (10%) shall be added to all bills not paid by the tenth day after they have been rendered.
   E.   Water And Sewer Billings Combined: Charges for water service and for sewerage service shall be united in the same bill and payment of the one charge shall not be accepted without payment of the other charge. (Ord. 78-11, 3-6-1978)
   F.   Payments; Delinquencies:
      1.   Time And Place For Payment: Payment shall be made on or before the tenth day of each period at the city hall.
      2.   Failure To Pay; Service Disconnection: If any bill for service remains unpaid at the end of the twenty fifth day of any billing month, the public works director will disconnect service to such user. When thus shut off, the supply shall not be turned on until all charges and a fee set forth in the "schedule of charges" for reconnection has been paid. (Ord. 78-11, 3-6-1978; amd. 1997 Code)
   G.   Rental Units: The owners of all "rental dwellings" defined as dwellings wherein one or more persons other than the owners of the real estate reside in separate living quarters, shall be billed for the total of water and sewer services provided by the city at the rate provided by ordinance per resident unit per month. In the event that said payment is not paid by the owners, the city is authorized to disconnect or shut off said water and sewer service to said rental dwelling house. (Ord. 88-1, 7-7-1988)
8-1-20: LIEN FOR NONPAYMENT:
   A.   Statement Of Lien Claim; Notice:
      1.   Whenever a bill for water service remains unpaid for ninety (90) days for bimonthly service after it has been rendered, the city 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 city claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.
      2.   If the user whose bill is unpaid is not the owner of the premises and the city treasurer has notice of this, notice shall be mailed to the owner of the premises, if such owner's address be known to the treasurer, whenever such bill remains unpaid for the period of forty five (45) days for a bimonthly bill after it has been rendered.
      3.   The failure of the city treasurer 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 bills as mentioned in the following subsection.
   B.   Foreclosure Of Lien: Property subject to a lien for unpaid charges shall be sold for nonpayment 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. Such foreclosure shall be by bill-in-equity in the name of the city. The city attorney is hereby authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which the bill has remained unpaid ninety (90) days in the case of a bimonthly bill after it has been rendered. (Ord. 78-11, 3-6-1978)
8-1-21: MONEY COLLECTED PAID TO TREASURER:
All monies collected from any source provided in this chapter shall be promptly paid over to the city treasurer who shall place it in the water fund of the city. (Ord. 78-11, 3-6-1978)
8-1-22: POLICIES:
The city council may adopt any new rules or regulations as deemed necessary. (1997 Code)
8-1-23: PENALTIES:
   A.   Notice Of Violation; Remedial Action: Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The city may revoke any permit for water service as a result of any violation of any provision of this chapter.
   B.   Penalty Imposed: Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
   C.   Liability Of Violator: Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation. (Ord. 78-11, 3-6-1978; amd. 1997 Code)