A. 1. Notice To Owner: Whenever a bill for sewer service is over five hundred dollars ($500.00) and remains unpaid thirty (30) days after it has become due, the village administrator shall direct the superintendent of public works to notify the owner of record and the tenant, if applicable, that if the account balance is not paid in full within thirty (30) days of notice to pay in full, the account will be turned over to our legal department to start the disconnect proceedings.
2. Payment Of Services: Said rates or charges for service, as established by the village, shall be payable bimonthly for which bills are rendered. The owner of the property shall be solely liable to pay for the service to such premises and the service is furnished to the premises by the village or its authorized agent only upon the condition that the owner of the premises is liable therefor to the village. The village shall not be responsible for billing or seeking collection from the occupant of the premises if said occupant is not the legal owner of the premises.
3. Notice Of Disconnection: Notice of said disconnection shall be given to the owner of the premises at least fourteen (14) days prior to the disconnection by either certified mail or personal service. Said notice shall include the right for the owner to request a hearing by the village administrator. Said notice shall contain compliance dates regarding the aforementioned hearing, due date for full payment and the scheduled disconnect date. Any account not paid in accordance with the notice shall have the service property conspicuously posted with a placard indicating the scheduled disconnection date and posting notice, along with a copy of the original notice, not less than two (2) days prior to said disconnection date. If a user account goes unpaid for one hundred eighty (180) days after the initial statement date (30 additional days after the issuance of the pay in full notification), a legal fee shall be added to the account and the account shall be given to the attorney for the village to process for disconnection. Any costs incurred by the village after the user account is in arrears shall be paid by the owner of the premises. Any owner, who reconnects to the village's lateral sanitary system after a disconnection, shall pay to the village all of the village's costs incurred for the disconnection and reconnection including, but not limited to, an inspection fee, as established by the village from time to time.
4. Condemnation: Property subject to a disconnection for unpaid sewer charges shall be forwarded to the Lake County health department for condemnation of uninhabitable premises. The village prosecutor is authorized to institute such proceedings, in the name of the village and in any court having jurisdiction over such matters, against any property for which a sewer bill has remained unpaid, with a balance greater than five hundred dollars ($500.00) and a period of thirty (30) days has elapsed since the filing notification.
5. 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.
a. 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.
B. The village prosecutor is hereby authorized and directed to institute civil proceedings against the owner or occupant, in the name of the village, in any court having jurisdiction over such matters, against any property for which the bill for village system service has remained unpaid thirty (30) days after it has been rendered, is greater than five hundred dollars ($500.00) and the service has been terminated.
C. Whenever a bill for village system service remains unpaid thirty (30) days after it is due, the person whose name appears on the bill shall be found in violation of an offense against the village. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the village is committed, continued or permitted by any such person, and such person is punishable accordingly. Each person shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense plus any and all costs involved to prosecute, terminate service or to collect on unpaid balances. (Ord. 2015-O-5)