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Beach Park Overview
Beach Park, IL Code of Ordinance
VILLAGE CODE of BEACH PARK, ILLINOIS
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 3 REVENUE AND FINANCE
TITLE 4 RESERVED
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 6 ANIMALS
TITLE 7 RESERVED
TITLE 8 HEALTH AND SAFETY
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE
TITLE 10 VEHICLES AND TRAFFIC
TITLE 11 PUBLIC PROPERTY
TITLE 12 STREETS/ROADS
TITLE 13 PUBLIC SERVICES
CHAPTER 13.01 COMBINED WATERWORKS AND SEWERAGE SYSTEM
CHAPTER 13.02 CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS OF WAY
CHAPTER 13.04 BEACH PARK WATER SERVICE
CHAPTER 13.08 SEWER SYSTEM USE REGULATIONS
CHAPTER 13.12 ILLICIT DISCHARGE AND CONNECTION
CHAPTER 13.16 SMALL WIRELESS FACILITIES
TITLE 14 RESERVED
TITLE 15 BUILDINGS AND CONSTRUCTION
TITLE 16 SUBDIVISIONS AND DEVELOPMENTS1
TITLE 17 ZONING
TITLE 18 TELECOMMUNICATIONS
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13.04.170: WATER METERS:
   A.   Required: Water meters shall be, and are, required on all service pipes to all new buildings and on any new water services to existing buildings in the village. It is unlawful for any person, corporation, other entity or consumer of water to draw water from a service pipe without such service pipe being metered in accordance with the ordinances and regulations pertaining thereto. No private user or consumer of water shall be provided free service. Each residential, commercial, industrial or other identifiable use unit, whether contained in a single-unit or a multiple-unit structure, shall be metered so as to measure the amount of water drawn from the village system by each use unit. Individual water meters are not required for each residential unit within a manufactured housing community. Each metered service shall include an appropriate and approved shutoff valve or valves, curb stop or other service control device. The location of such control devices shall be approved by the village or at a location determined by the village. Operation of such service control devices shall be under the exclusive control of the village.
   B.   Village Owns All Meters: All required meters shall be owned by the village.
   C.   Installation Of Meters: Meters shall be installed at the applicant's cost by an Illinois licensed plumber in a location that will be readily accessible and in accordance with all of the following:
      1.   Applicable plumbing codes and regulations;
      2.   This chapter;
      3.   Manufacturer's instructions to the extent not inconsistent with applicable codes and regulations; and
      4.   Reasonable requirements of the village water superintendent.
   D.   Location Of Meter Installation And Backflow Prevention:
      1.   In residential districts, all meters shall be installed in the basement where a heated basement exists, located as close to the front wall of the building as possible, and the entire length of service from the point of entry into the structure to the meter shall always be exposed. At no time may water meters be installed in washrooms. Interior pipes may be wrapped to protect from condensation or freezing.
      2.   All meters shall be set plumb and level and secured to remain so. They must be placed in an accessible location free from all obstructions so that they can be easily read and serviced and shall be protected by the consumer from freezing or damage. Brass couplings or unions shall be installed on the inlet and outlet side of the meter. On compound or turbine type meters, flanged connection shall be made. An Apollo series 80 ball valve (or equivalent) must be installed within one foot (1') of the meter on both inlet and outlet. No lead or lead containing compounds shall be used in making meter or plumbing connections. Nonresidential, commercial, industrial and multi-family development meter installations shall conform to all other applicable codes and regulations.
      3.   Where a meter is installed on a water service pipe connected to a hot water boiler, steam boiler or other hot water apparatus, a check and relief valve shall be provided between such meter and boiler to protect the water meter from damage caused by back pressure from the steam or hot water. A Watts no. 7 backflow preventer or equivalent shall be installed at the outlet side of all meters. On all systems within each structure serviced by the village water supply, there shall be installed a thermal expansion absorber of adequate capacity specified as an Amtrol "Therm-X-Trol" ST series or equivalent.
      4.   In residential districts where there is no basement, the water meters must be placed in a pit to protect the meter from freezing and at an approved location, or the meter may be located inside the home or structure (in an accessible location so that it can be easily read and serviced). The specifications of such pits must be approved by the water superintendent prior to issuing a permit.
      5.   In business, industrial or multiple-family districts, the specifications and location of the meters and meter pits shall be approved by the superintendent of water and village engineer prior to installation.
      6.   a. No water meter shall be used by any consumer unless and until such meter is sealed by the superintendent of water or his designated agent.
         b.   After the meter is placed, only officers or employees of the village, properly authorized, shall be allowed to test, repair, remove, or in any manner interfere with the functioning of the meter.
         c.   If a meter seal is broken or damaged, the superintendent of water shall cause the broken seal to be replaced. The owner or occupant of the premises on which the meter is located will pay the village, at the time the broken meter seal is replaced, a service fee charge as provided in the fee schedule of the village, as amended.
         d.   Where repair is required through no fault of the owner, user or occupant of the premises, the village shall be responsible for repairs to the meters.
         e.   The owner of the premises served and the user of any meter shall be at all times jointly and severally responsible for any damage done to the meter as a result of any tampering, violence, or other unauthorized alteration or modification to the meter.
      7.   The water superintendent shall read or cause to be read every water meter used in the village at such times as are necessary that the bills may be sent out at the proper time. (Ord. 2014-O-36: Ord. 2000-O-18 § 1)
13.04.180: OCCUPANCY UNLAWFUL WITHOUT METER:
It is unlawful for any person, firm, corporation or other entity to occupy any premises or structure required under this chapter to have a water meter and which premises or structure does not have an installed and functioning proper water meter or meters. (Ord. 2000-O-18 § 1)
13.04.190: NO LICENSE OR PERMIT WITHOUT COMPLIANCE:
No license, permit or other privilege conferred by the village shall be issued, granted or renewed, where such licensed, permitted or privileged activity or use is related to, or dependent upon, the consumption of the village water supply, if the premises from which the activity licensed, permitted or privileged or to be licensed, permitted or privileged, is not in compliance with the water meter requirements and regulations of the village. Further, no license, permit, or privilege shall be issued to a person who has failed to pay any fine, penalty or debt owing to the Village (“Village Debt”). A person whose permit application is rejected based on a Village Debt may appeal the decision, which appeal must be in writing and filed with the Village Clerk within ten (10) days following the decision. The written appeal must include the basis for contesting the Village Debt and other information that will help the applicant’s case. Within the body of the written appeal, the Applicant may also request a hearing to contest the Village Debt. The Village Administrator will set a hearing date within ten (10) days of the receipt of the written request for hearing and will rule on any appeals that are timely filed. If a timely written appeal is not filed, the Village Debt will be considered final. (Ord. 2019-O-24 § 16: Ord. 2000-O-18 § 1)
13.04.200: WATER CONSUMPTION CHARGES; RATES; DELINQUENCIES:
   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)
13.04.210: SECURITY DEPOSITS:
The tenant(s) at any billing address shall establish and maintain a security deposit account with the Village to secure the payment of all charges and other user charges or user fees established in this chapter. The security deposit amount shall be as provided in the fee schedule of the Village, as amended, and shall be made to and maintained with the Village. The Village shall hold the security deposit until the tenant(s) terminates the billing account at the service address. At such time the tenant's billing account is terminated the Village will return the required deposit as provided in the fee schedule of the Village, as amended. (Ord. 2014-O-36)
13.04.220: DISCONNECTION OF WATER SUPPLY FOR DELINQUENT WATER SUPPLY CONSUMPTION CHARGES; HEARING:
   A.   The customer has ten (10) business days from the date the notice of discontinuance was served to request, in writing, a hearing to contest water service discontinuance. The written appeal must include the basis for contesting the Village Debt and other information that will help the applicant’s case. Within the body of the written appeal, the Applicant may also request a hearing to contest the Village Debt. The Village Administrator will set a hearing date within ten (10) business days of the receipt of the written request for hearing and will rule on any appeals that are timely filed. If a timely written appeal is not filed, the Village Debt will be considered final.
   B.   When a Gubernatorial Disaster Proclamation has been declared in the State of Illinois, which declaration covers Lake County, the Village President shall, in his discretion, be permitted to delay disconnection of water service until a billing cycle after the termination of the Gubernatorial Disaster Proclamation. (Ord. 2020-O-9 § 2: Ord. 2019-O-37 § 1)
13.04.230: CONTRACT:
The ordinances, rules and regulations and water rates adopted by the Village shall be considered a part of the contract with every person supplied with water by the water system of the Village, and the consumer and property owner, by taking water, contracts with the Village to abide by the rules and regulations in this title. (Ord. 2000-O-18 § 1)
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