(A) Bills for the charges and rates herein established shall be prepared by the Office of the City Treasurer and shall be due and payable on or before the twenty-first day from the date of the bill. If the charges for the immediately past service period for use of the sewer and/or refused systems are not paid within 21 days after the rendered dated of the bill, a delayed payment charge in the amount of 10% of the bill for the service period shall be imposed and collected. Further, delayed payment charge in the amount of 1% shall be imposed and collected for any/all unpaid charges for service prior to the current bill. When a bill is not paid by a tenant within 30 days after the date of the bill, the property owner shall be responsible for paying said bill including delayed payment charges.
(B) When there is any indebtedness to the city, including any unpaid bills for sewer and/or refuse services to closed or inactive accounts, the city may, in its sole discretion, deny occupancy permits for addresses until all outstanding charges have been paid. Further, the city may revoke occupancy permits for addresses when sewer/trash bills have gone unpaid for 60 or more days, and where occupancy permits inadvertently have been issued.
(C) If a sewer bill is delinquent for more than 60 days, the City Treasurer or the Treasurer’s designees may implement the terms of a discontinuance agreement between the city and the Illinois American Water Company which allows the city to request that Illinois American Water discontinue water service to the premises where the sewer bill is delinquent in excess of 60 days. Prior to implementing the terms of the discontinuance agreement, the Office of the Treasurer shall give notice to the person whose sewer bill is delinquent and give him or her an opportunity to be heard to determine whether the amount claimed to be owed by the city is correct.
(D) The City Treasurer and/or the Treasurer’s designee(s) may enter into payment agreements with customers to forestall a discontinuance of service action. In the event that the delinquent customer fails to make the payments pursuant to the terms of the payment agreement, the City Treasurer and/or the Treasurer’s designee(s) may implement the terms of discontinuance agreement between the city and Illinois American Water Company and request that the water company terminate water service to said premises. Prior to implementing the terms of the discontinuance agreement, the city shall give notice to the person whose sewer bill is delinquent and give him or her an opportunity to be heard to determine whether the amount claimed to be owed by the city is correct.
(E) If the water service is disconnected to a premises because of a delinquent bill, the customer shall be liable to pay all extra charges incurred by the city in connection with the disconnection of the water service, including, but not limited to, all payments due to the city or to Illinois American Water Company pursuant to discontinuance agreement.
(F) Whenever a bill for sewer service/refuse collection remains unpaid for 30 days after it has been rendered, the Treasurer or the Treasurer’s designee(s) may file with the Recorder of Deed of the county a statement of lien claim. This statement shall contain a legal description of the premises served, the amount of the unpaid bill and the notice that the city claims a lien for this amount as well as for all charges for sewer service/refuse collection subsequent to the period covered by the bill.
(G) (1) If a bill for sewer service/refuse collection remains unpaid for a period of 30 days, the customer shall be liable for reasonable attorney’s fees and costs of litigation in connection with collection of said delinquent sum. (See § 50.015(C) and (D) of this chapter.)
(2) The failure of the Treasurer and/or the Treasurer’s designee(s) to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclosure of the lien pursuant to statutes of the state for unpaid sewer bills or to otherwise pursue other collection procedures available.
(H) (1) The time of making sewer bills and the period to be covered thereby shall be in accordance with the meter reading practices of the Illinois American Water Company for all lots, parcels of land and premises with respect to which such meter readings are used as a basis for the charges or rates. In all other cases, bills shall be made out monthly.
(2) All rates and charges shall be payable at the office of the City Treasurer and shall be collected for the city by the City Treasurer.
(I) (1) The International Property Maintenance Code, which the city has adopted, requires that all dwellings be provided with a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and pressure to enable the fixtures to function properly and safely.
(2) Consequently, in the case of a discontinuance of service, the dwelling is subject to condemnation and its occupants evicted if water service is not restored within 72 hours of the beginning of the discontinuance.
(1960 Code, § 38-3-7) (Ord. 7563, passed 1-17-2012) Penalty, see § 50.999