A. Charges Established: Water consumption charges shall be as provided in the fee schedule of the village, as amended.
1. Residential: Any number of gallons, as provided in the fee schedule of the village, as amended.
2. Commercial Or Industrial: Any number of gallons, as provided in the fee schedule of the village, as amended. There shall be a minimum billing every two (2) months as provided in the fee schedule of the village, as amended.
3. Maintenance: A water maintenance fee as provided in the fee schedule of the village, as amended, will be charged to all properties which have not connected to village water, but which have an existing water main along one full side of their property and are allowed to connect by the controlling authority without requiring a water main extension.
B. Review Of Charges: The adequacy of the water consumption and sewer user may be reviewed by the certified public accountants for the village in their annual audit report. The service charges shall be revised periodically to reflect changes in debt service or in operation and maintenance costs including replacement costs.
C. Billing Dates: Water consumption charges shall be billed on a monthly, bimonthly (2 month) or quarterly basis to all customers.
D. Owner/Occupant Liability: Both the owner and occupant of the premises served by the village water system shall be jointly and severally liable to pay for the water consumed at the premises and for maintaining the required security deposit as provided in the fee schedule of the village, as amended.
E. Failure To Pay; Service Disconnection Conditions: If the rates or charges for water consumption and/or sewer usage of one hundred dollars ($100.00) or more are not paid within seven (7) days after the billing due date, such services are subject to disconnection or discontinuation.
F. Civil Actions To Collect: In any civil action brought by the village against the owner, occupant, user or consumer of the served premises for collection of the charges billed pursuant to this chapter, the village may seek and recover reasonable attorney fees as fixed by the court.
G. Late Payment; Liability; Penalty Charge: If the amount payable by any owner of serviced premises, or consumer or user of the water system is not paid to and received by the Village by the due date then the water consumption charge shall be increased by ten percent (10%). The owner of the premises, and the occupant thereof, and the user/consumer of the service shall be jointly and severally liable to pay for the water service provided to the premises, and such service is provided to the premises by the Village only upon the condition that the owner of such premises, and the occupant, user and the consumer of such service are jointly and severally liable for rates, charges, penalties and interest therefor to the Village.
H. Delinquent Payments; Notice:
1. In the event the water consumption charges, including any penalty and carrying charges, are not paid by the billing due date, such charges, penalty and carrying charges (if any) shall be deemed and are declared to be delinquent. The Village will take the following action on delinquent accounts:
a. Notification; Termination: If the owner or occupant of the delinquent account has not paid their account by the billing due date, and if the delinquent account has rates and charges of over one hundred dollars ($100.00), the Village shall send notification to the owner and occupant of the delinquent account that water service shall be terminated in ten (10) business days. If the delinquent account has not paid the bill within such ten (10) business days, the Village shall then tag (yellow tag) the property, at a cost to the resident as stated in the Village fee schedule, stating that if payment is not received immediately, the water services will be terminated without further notice.
b. Payment Of Bill For Water Service; Reinstatement Of Service: At any time before or after notice of termination is served on the user, and at any time after service termination, the delinquent user shall have the right to have said water service reinstated upon payment of the delinquent bill in full, plus any necessary costs assessed for labor and materials required to terminate and reinstate the water service of said user. A reinstatement fee shall also be charged as provided in the fee schedule of the Village, as amended.
c. Lien: In addition, the Village may file a sworn and certified notice of lien claim with the Lake County Recorder of Deeds. This notice of lien claim shall include a description or permanent index number of the real estate sufficient for the identification thereof, the amount of money due for such services, including penalties, interest and carrying charges, if any, and the date when such amount became delinquent. Whenever the person whose service charges, and other charges hereunder, are delinquent, is not the owner of the property to which service was provided by the Village, and the Village is notified of the name and mailing address of such owner, a notice of the delinquency or lien may be mailed to such owner. The Village may, in addition to or instead of mailing to the owner, mail notice of the delinquency or lien to the person or entity at the address disclosed on the tax assessment records as the person or entity to whom was mailed the most recent ascertainable real estate tax bill for the subject premises. The failure of the Village to record the lien, or to mail the notice of delinquency or lien to the owner of the subject premises, or the failure of the owner to receive such notice, shall not affect the right of the Village to foreclose the lien or otherwise collect the amounts then due to the fullest extent authorized by law. The remedies available to the Village, whether in foreclosure, collection or otherwise, shall be cumulative and not exclusive.
2. In addition to the rates and charges stated above, whenever the Village prepares and records a notice of lien for delinquencies as provided above, the costs of preparation of such notice, filing and releasing such lien shall be paid in full prior to the release of such lien.
I. Notice Of Delinquency And Lien; Filing With Village: The notice of delinquency and lien to be filed in the Office of the Recorder of Deeds may be sworn to or certified by any one (1) of the following Village officials:
1. Village President.
2. Village Clerk or Deputy Clerk.
3. Village Administrator.
4. Village Treasurer. (Ord. 2022-O-10 § 4: Ord. 2019-O-36 § 1: Ord. 2017-O-22: Ord. 2015-O-20: Ord. 2015-O-4)