(A) Consumer defined, liability for charges. The word CONSUMER shall mean the owner, official custodian, occupant or person in control of any premises to which water and/or sewer service is provided, or, in the case of non-owner occupied premises, the owner and occupant of such premises, jointly and severally. All new accounts shall be contracted for by such consumer and all deposits shall be in the name of such consumer. All charges for service and any deposits shall be presumed to be made by the owner and occupant jointly and severally.
(B) Application. No water from the waterworks system shall be turned on for service into any premises by any person but the Water Supervisor or his or her authorized agent. Application to have water turned on shall be made in writing to the Water Supervisor and shall contain an agreement by the applicant to abide by and accept all of the provisions of this chapter as conditions governing the use and service of the waterworks system by the applicant. In the case of non-owner occupied premises, the applicant must provide name, address and telephone information of both the owner and occupant(s) of such premises. The turn-on fee and deposit required by divisions (C) and (D) of this section shall be payable in advance to be made at the time of application as a condition precedent for the turn-on of the waterworks system at a particular premises or residential unit. When the ownership of property is transferred to a new owner, it shall be the responsibility of the new owner to pay all fees, deposits, and delinquent charges prior to water and sewer service being turned on or otherwise restored to property receiving water services or subject to the application for service from the waterworks system. Water and sewer service shall not be turned on or otherwise restored to a property until all fees, deposits, and delinquent charges have been paid in full.
(C) Turn-on fee. A fee shall be paid for turning on the water. The only exception to this will be when the consumer temporarily relocates to another home out of state, in which case a fee shall be added to the bill at the time of turn-on.
(D) Deposit required.
(1) In addition to payment of any other fees or amounts due and owing the village, a deposit, in the amount shown in the table set forth in this division (D)(1), which may be amended from time to time by the Board of Trustees, shall be made with each application for water service, whether the applicant is applying for water service for the first time or whether through a change of address or otherwise is applying for water service at a new, other or additional premises, which deposit shall be a condition precedent to the supplying of such water, shall be paid to the Finance Director and shall be retained by the village to ensure the timely payment of bills for water services rendered. The amount of the deposit required to initiate water service to a residential unit or premises shall be as shown in the table set forth in this division (D)(1), which may be amended from time to time by the Board of Trustees:
TYPE OF STRUCTURE SERVED | DEPOSIT |
TYPE OF STRUCTURE SERVED | DEPOSIT |
Single-family residential | $250 |
Multifamily Condominium Residential Unit [Individually owned residential unit served by separate, individuated water meter and shut-off box or stop-cock.] | $250 |
Multifamily Residential Premises [Multiple units or divisions under a common roof, all owned by a single party, with the entire premises sharing a single water meter and single shut-off box or stop-cock.] | $300 per residential unit, whether occupied or not |
Multifamily Residential Premises [Multiple units or divisions under a common roof, owned by a single party, with each unit having an individual water meter but multiple residential units sharing a single shut-off box or stop-cock.] | $300 per occupied residential unit |
Multifamily Condominium Residential Premises [Residential units individually owned, but with the entire premises sharing a single water meter, a single shut-off box or stop-cock and receiving one bill.] | $400 per unit |
Multifamily Condominium Residential Premises [Residential units individually owned, with each unit having an individual water meter but multiple residential units sharing a single shut-off box or stop-cock.] | $400 per unit receiving water service |
Commercial | $500 |
Industrial | $750 |
(2) Unless and until the deposit must be drawn down to satisfy delinquent water bills, the water deposit shall be retained to the credit of the consumer in an account separate from the village's general water/sewer system account. The funds in the village's water deposit account shall not be considered "revenue" within the meaning of ILCS Ch. 65, Act 5, § 11-19-9 or § 52.57(C) unless and until such funds are drawn upon and transferred into the general water/sewer system account in accordance with the provisions of division (D)(6) of this section. When service to the consumer is discontinued permanently via a request for and payment of a final bill or otherwise, the deposit, less any amount still due the village for provision of water services, penalties, fees and payment of any attorneys' fees or costs associated with the liening of the subject property for delinquent water service payments or costs associated with other collection efforts, shall be refunded to the consumer without interest upon the consumer's request for a refund or transfer of the deposit to a different premises or residential unit in the village.
(3) Should a consumer of water services vacate a premises or residential unit served thereby without requesting or paying a final bill, without notifying the village of his or her departure, or failing to claim a refund or transfer of the deposit within 60 days of vacancy, the village shall notify the recipient at the last known address through the U.S. Mail Service of any portion of the deposit available for refund.
(4) Should the recipient of water services fail to notify the village of a claim for refund within 30 days after the village sends notice through the U.S. Mail Service as provided in division (D)(3) of this section, the balance of the deposit shall be transferred to the operations and maintenance account of the water and sewer fund. The village shall maintain a record of this transfer for a period of one year from the date that the village becomes aware of the water recipient vacating the premises.
(5) If the consumer files a claim for refund of the deposit within a period of one year from vacating the premises and the consumer is entitled to such a refund, the village will make such refund from the operations and maintenance account of the water and sewer fund. If no claim is filed, the deposit will become non-refundable, with any remaining portion of the deposit reimbursing the village for its cost of handling and maintaining the records.
(6) If any consumer fails to pay a bill for water services in full within 30 days of the bill being rendered and mailed, then the deposit or that portion of the deposit as is necessary, shall be applied to pay such delinquency, including any late fees that may have accrued.
(7) Every instance in which the village has to draw down the deposit to satisfy delinquent water bills and generate notice to the consumer, as provided for in divisions (D)(6) and (8) of this section, respectively, a $20 service charge shall be levied and added to the water service balance due to cover administrative costs and processing fees, which service charge shall become part of the amount due and owing on the account in question.
(8) When the consumer's deposit has been drawn down to satisfy a water arrearage as provided in division (D)(6) of this section, the consumer shall be notified promptly, via first class mail sent to the premises served by such water service and at the address at which the consumer has registered with the village, if different. This dated notice shall specify the amount of the deposit having been applied to satisfy water arrearages, the remaining amount of the deposit or any remaining amounts due for water services for which the deposit was insufficient to satisfy in full, and the duty of the consumer to replenish the deposit to the original amount deposited within 30 days, as set forth in division (D)(9) of this section.
(9) Whenever the deposit shall be drawn down by the village to satisfy a late bill payment as provided in division (D)(6) of this section, the consumer must deposit an additional sum of money that, in addition to the remaining balance of the deposit, shall equal the deposit amount originally demanded and required by the village. Such replenishing of the original deposit shall be made within 30 days of the dated notice provided by the village pursuant to division (D)(8) of this section. Failure to timely replenish the deposit in full shall constitute a violation of this chapter and subject the violator to a fine in accordance with the penalty provision of § 52.99(A). No permits for any purposes whatsoever shall be issued by the village to the consumer unless the deposit is fully funded as required herein.
(E) Deposit, turn-on fee, satisfaction of delinquent charges a requirement prior to restoration of water service. When water service to a premises or residential unit has been turned off for nonpayment pursuant to § 52.39, such water service shall not be restored at the formerly-served premises or residential unit, whether or not the application for service restoration is tendered by the same consumer who was responsible for the prior delinquency, until all fees, deposits, and delinquent charges, including the turn-on fee and deposit required by divisions (C) and (D) of this section, have been paid in full.
(Ord. 03-41, passed 8-20-03; Am. Ord. 10-53, passed 5-12-10)