(A) Detached single-family residential, commercial and industrial properties served by individual metering devices and service pipes.
(1) This division (A) shall apply to any detached residential, commercial or industrial property for which the building or structure that receives water from the village has an individuated, dedicated metering device, an individual service pipe, and a shut-off valve controlling the flow of water into such building or structure, which structure is occupied by a single consumer or a group of associated consumers (e.g. a family, unrelated roommates, a business), such that each consumer/unit receives its own utility bill and has a shut-off box controlling the flow of water into that particular unit.
(2) The water supply may be shut off to any premises or unit as described in division (A)(1) of this section for which the water bill remains unpaid for a period of 30 days after the bill is rendered and mailed, insofar as the deposit funds specified in § 52.02, if applicable, are insufficient to satisfy the outstanding balance in full plus any applicable penalties or late fees that may have accrued.
(3) No water supply may be shut off until the consumer is given ten days advance written notice of the village's intent to terminate the water supply, which notice shall be sent via first class mail sent to the address(es) at which the consumer registered with the village in the application for water service as provided in § 52.02(A). The notice required under this division (A)(3) shall be in substantially the same form as the detached property water termination notice attached to Ordinance No. 11-20 and incorporated by reference herein.
(4) (a) The notice described in division (A)(3) of this section shall inform the consumer of his or her right to a pre-termination hearing conducted at the first available administrative adjudication hearing date after a written request for hearing is remitted by the consumer to the Finance Department, either by mail or in-person delivery in accordance with division (A)(4)(a)1. of this section. Upon receiving a written request for a pre-termination hearing, a designee of the village shall schedule a hearing with the requestor, which hearing shall be scheduled on or before the disconnection date specified in the notice of the village's intent to terminate the water supply to the premises. If the written request for a pre-termination hearing is timely received by the village prior to the disconnection date, but no administrative adjudication session will take place prior to the specified termination date, the termination shall be delayed until after the hearing takes place. The hearing shall provide the consumer an opportunity to be heard regarding any disputed portion of the bill. The hearing shall be open to the public, informal, and the hearing officer shall accept evidence only pertaining to the accuracy of the charges. At the close of the hearing, the hearing officer shall enter a findings, decision and order declaring the amount due and owing, if any, and a copy of the findings, decision and order shall be provided to the Finance and Water Departments, as well as the party(ies) requesting the hearing. If the amount due is found to be different than the amount originally claimed by the village in its initial notice of water service termination, an amended notice of water service termination shall be served upon the owner and tenants of the property in the same manner as the initial notice, except that no further opportunity to request a hearing shall be provided. In such cases, the date for water service termination shall be not less than ten days from the date of service of the amended notice.
(b) The village shall not disconnect the water service to any property for nonpayment during the pendency of the dispute if:
1. A written request for hearing has been remitted by the consumer, which request shall be made in writing and contain the name, address and telephone number of the person disputing a charge, identify with particularity the amount or portion of the bill(s)/charge(s) in dispute, and state the specific grounds or reasons for which the charges billed are being disputed (the consumer's ability to pay shall not be a relevant consideration or basis for dispute); and payment of all undisputed portions of the bill(s) is made in full; OR
2. The hearing officer finds that there is no outstanding balance due and owing the village.
(c) The village may disconnect the water service to any property for nonpayment if:
1. No written request for hearing has been remitted by the consumer prior to the termination date specified in the village's notice of impending water service termination;
2. The dispute is resolved by the hearing officer ordering an amount due that is not paid in full prior to the termination date specified in the village's notice of impending water service termination;
3. The consumer fails to pay any undisputed portions of the bill(s);
4. The consumer fails to appear for the scheduled adjudicatory hearing; or
5. After tendering a written request for hearing as provided herein, the consumer is unresponsive to the village's attempts to schedule a hearing date and time.
(5) In the event the water supply is terminated, a $100 fee shall be charged to have the water supply turned back on.
(6) When the water supply to a property is turned off, it shall be unlawful for any person other than a village employee or village designee to attempt to turn said water supply back on, or to tamper with the water meter, service connection, service pipes, valves, shut-off boxes or any other element or appurtenance of the village waterworks system. Any such act shall be considered a violation of § 52.54, attributable to the owner and/or occupant of the subject property, and a penalty shall be imposed in accordance with § 52.99(G).
(7) When water service is terminated for a property based upon a failure to make full payment of amounts due for water service within the time specified under the Village Code, prior to the reinstatement of services to said property, the village may demand full satisfaction of the outstanding charges for water and/or sewer services, late fees and penalties, the turn-on fee set forth in division (A)(3) of this section, garbage pickup fees, all expenditures related to preparing and providing notice(s) of delinquency, and any outstanding code violations pertaining to the property.
(8) The charges hereinbefore provided shall be paid by the person owning or occupying, or in possession, charge or control of such building, structure or premises at the time it is desired to have water service restored thereto, irrespective of whether such person shall have been the one responsible for the accumulated charges or fees or fines stemming from a violation of any provision of this division (A) or Chapter 52 generally.
(9) Restoration of service. Following termination of water service, such service shall be restored immediately to the premises following payment in full of all outstanding charges for water and/or sewer services, late fees and penalties, the turn-on fee set forth in division (A)(3) of this section, garbage pick-up fees, all expenditures related to preparing and providing notice(s) of delinquency, any outstanding code violations pertaining to the property, and payment of a deposit as specified in § 52.02, if applicable.
(10) Terminating water service for nonpayment shall not be the exclusive remedy for nonpayment. The village may also record a lien for delinquent payments and foreclose on such liens in accordance with § 52.40 and pursue any other collection methods available to the village by law. Any and all such courses of action may be pursued simultaneously and shall not be mutually exclusive to one another.
(B) Multi-family apartment buildings served by a single service pipe, a common metering device and a single shut-off valve.
(1) This division (B) shall apply to any multi-family residential apartment buildings containing three or more dwelling units, for which the entire building or structure and all units therein supplied water by the village share a single, common metering device, one service pipe, and a single shut-off valve controlling the flow of water into the entire building and all of the apartments therein.
(2) In all apartment buildings with three or more residential units wherein a single shut-off valve is the only means of disconnecting the water service to the apartment building such that either all or none of the apartments therein receive water service, the owner or owners and tenants are declared to be jointly and severally liable for the water charges incurred by the occupants, and the failure or nonpayment of water charges by either the owners or the tenants shall entitle the village to shut off the water supply to any such apartment building in its entirety whenever the water bill remains unpaid for a period of 30 days after the bill is rendered and mailed, insofar as the deposit funds specified in § 52.02, if applicable, are insufficient to satisfy the outstanding balance in full plus any applicable penalties or late fees that may have accrued, in accordance with the following procedures:
(a) Once a water bill has remained unpaid for 30 days or more after it has been mailed by the village, the village must notify the owner of the apartment building or his or her designee by first-class mail sent to the address(es) at which the owner(s) registered with the village in the application for water service, notify each tenant by first-class mail addressed to each tenant's dwelling unit, and provide further notice by posting the notice of water service termination on the front door of the apartment building, which apprises the recipients of the proposed termination of water service. This notice shall comply with the requirements of ILCS Ch. 765, Act 735, § 3 and shall be in substantially the same form as the notice of water service termination attached to Ordinance No. 11-20 as Exhibit B and incorporated by reference herein.
(b) It is unlawful for the landlord or his or her agent to alter, deface, tamper with or remove the notice of water service termination. A landlord or his or her agent who violates this provision is guilty of a Class C misdemeanor.
(c) In addition to all other information provided, the notice of water service termination shall indicate that the water service will be terminated on a date certain no less than ten days after the notice is mailed and posted at the premises, whichever is later.
(d) 1. In addition to all other information provided, the notice of water service termination shall inform the owner and tenants of their right to have a pre-termination hearing conducted at the first available administrative adjudication hearing date after a written request for hearing is remitted by the owner or tenant to the Finance Department, either by mail or in-person delivery. Upon receiving a written request for hearing, a designee of the village shall schedule a pre-termination hearing with the requestor, which hearing shall be scheduled on or before the disconnection date specified in the notice of the village's intent to terminate the water supply to the premises. If the written request for a pre-termination hearing is timely received by the village prior to the disconnection date, but no administrative adjudication session will take place prior to the specified termination date, the termination shall be delayed until after the hearing takes place. The hearing shall provide the owner or tenants (or both; if multiple requests for hearing are tendered to the village, the dispute shall be resolved in a single hearing) an opportunity to be heard regarding any disputed portion of the bill. The hearing shall be open to the public, informal, and the hearing officer shall accept evidence only pertaining to the accuracy of the charges. At the close of the hearing, the hearing officer shall enter a findings, decision and order declaring the amount due and owing, if any, and a copy of the findings, decision and order shall be provided to the Finance and Water Departments, as well as the party(ies) requesting the hearing. If the amount due is found to be different than the amount originally claimed by the village in its initial notice of water service termination, an amended notice of water service termination shall be served upon the owner and tenants of the property in the same manner as the initial notice of water service termination, except that no further opportunity to request a hearing shall be provided. In such cases, the date for water service termination shall be not less than ten days from the date of service by mail and posting of the amended notice of water service termination.
2. The village shall not disconnect the water service to any property for nonpayment pursuant to this division (B) during the pendency of the dispute if:
a. A written request for hearing has been remitted by an owner or tenant, which request shall be made in writing and contain the name, address and telephone number of the person disputing a charge, identify with particularity the amount or portion of the bill(s)/charge(s) in dispute, and state the specific grounds or reasons for which the charges billed are being disputed (the owner's or tenant's ability to pay shall not be a relevant consideration or basis for dispute); and payment of all undisputed portions of the bill(s) is made in full;
b. The hearing officer finds that there is no outstanding balance due and owing the village;
c. The village receives notice of a court order issued by the Circuit Court of Cook County appointing a receiver for the apartment building prior to termination, in which case water service shall continue unless and until the court issues a later order terminating the receivership with a delinquent balance remaining for water services.
3. The village may disconnect the water service to any property for nonpayment if:
a. No written request for hearing has been remitted by the owner or tenant prior to the termination date specified in the village's notice of impending water service termination;
b. The dispute is resolved by the hearing officer ordering an amount due that is not paid in full prior to the termination date specified in the village's notice of impending water service termination;
c. The consumer fails to pay any undisputed portions of the bill(s);
d. The owner or tenant fails to appear for the scheduled adjudicatory hearing; or
e. After tendering a written request for hearing as provided herein, the owner or tenant is unresponsive to the village's attempts to schedule a hearing date and time.
(3) In the event the water supply is terminated, a $100 fee shall be charged to have the water supply turned back on.
(4) When the water supply to a property is turned off, it shall be unlawful for any person other than a village employee or village designee to attempt to turn said water supply back on, or to tamper with the water meter, service connection, service pipes, valves, shut-off boxes or any other element or appurtenance of the village waterworks system. Any such act shall be considered a violation of § 52.54, attributable to the owner and/or occupant of the subject property, and a penalty shall be imposed in accordance with § 52.99(G).
(5) When water service is terminated for a property based upon a failure to make full payment of amounts due for water service within the time specified under the Village Code, prior to the reinstatement of services to said property, the village may demand full satisfaction of the outstanding charges for water service, plus late fees, penalties, and the turn-on fee set forth in division (A)(3) of this section.
(6) Restoration of service. Following termination of water service, such service shall be restored immediately to the apartment building upon the occurrence of any of the following:
(a) Payment is tendered in full to the village for the delinquent amount, plus late fees, penalties and the turn-on fee as specified in division (B)(4) of this section, regardless of the identity of the payer;
(b) A tenant in the apartment building requests that the water bill be put in his or her name, agrees to pay future water bills, and either i) provides credit references deemed satisfactory to the village in its sole discretion or ii) pays the deposit required by § 52.02; or
(c) The village receives a copy of an order issued by the Circuit Court of Cook County appointing a receiver for the apartment building, in which case the water shall be restored and remain on until such time as the receivership is terminated by court order with a delinquent balance remaining for water services.
(7) In its sole discretion, the village may, but need not, petition the Circuit Court of Cook County for the appointment of a receiver for the apartment building to collect rent from the tenants of the apartment building instead of the landlord and remit a portion of those funds to the village in payment for water services as the court may direct in accordance with the Rental Property Utility Service Act, ILCS Ch. 765, Act 735, §§ 0.01, et seq.
(8) Shutting off water service for nonpayment shall not be the exclusive remedy for nonpayment. The village may also record a lien for delinquent payments and foreclose on such liens in accordance with § 52.40 and pursue any other collection methods available to the village by law. Any and all such courses of action may be pursued simultaneously and shall not be mutually exclusive to one another.
(C) Duplexes, townhouses, rowhouses and other attached premises with each attached unit therein served by an individual metering device but all attached units sharing a common service pipe.
(1) This division (C) shall apply to any residential, commercial or industrial property containing a building(s) or structure(s) subdivided into two or more attached units sharing a common roof and joined at one or two sides by a party wall or walls, which units extend from foundation to roof with open space on at least two sides. Such attached premises are supplied with water by the village and each unit therein has an individuated, dedicated metering device, but all attached units share a single service pipe and shut-off valve controlling the flow of water into the entire building(s) or structure(s) and all of the attached units therein.
(2) When the village identifies a particular unit in an attached structure that has accrued unpaid charges for water and sewer services, late fees and penalties for which the deposit funds specified in § 52.02, if applicable, are insufficient to pay down the outstanding balance the village shall have the right to install a shut-off box on that unit's water service pipe after providing the consumer (defined as the occupant and, where different, the owner of the unit) with ten days advance notice in substantially the same form as the attached property shut-off box installation and water termination notice, attached to Ordinance No. 11-20 as Exhibit C and incorporated by reference herein, as follows:
(a) The village shall send written notice a minimum of ten days prior to taking any action contemplated by the notice;
(b) Such notice shall be sent via first class mail sent to the delinquent unit itself and any address(es) at which the owner registered with the village in the application for water service as provided in § 52.02(A);
(c) The notice shall inform the owner and/or occupant of the village's intent to install a "shut-off box," as defined in § 52.36, on the water service pipe servicing the unit to enable a targeted termination of the water supply to said unit without affecting the owners or occupants of attached units;
(d) The notice shall inform the owner and/or occupant that the water service to the unit will terminate immediately following the installation of the shut-off box on the water service pipe;
(e) The notice shall inform the owner and/or occupant that the cost of installing such a shut-off box shall be combined with all delinquent water and sewer charges, late penalties and fees, and that the owner and occupant, where different, are jointly and severally liable for all such charges, and that the aggregate balance must be satisfied in full before water service will be restored to the premises; and
(f) The notice described in this division (C)(2) shall inform the owner and occupant of their right to have a hearing conducted at the first available administrative adjudication hearing date after a written request for hearing is remitted to the Finance Department, either by mail or in-person delivery. Upon receiving a written request for hearing, a designee of the village shall schedule a hearing with the requestor, which hearing shall be scheduled on or before the date specified in the notice of the village's intent to install a shut-off box on the water service pipe and subsequently terminate the water supply to the unit. If the written request for a pre-shut-off box installation/water service termination hearing is timely received by the village prior to the shut-off box installation/water service disconnection date, but no administrative adjudication session will take place prior to that installation/disconnection date, the shut-off box installation and water service termination shall be delayed until after the hearing takes place. The hearing shall provide the owner or occupant (or both; if multiple requests for hearing are tendered to the village, the dispute shall be resolved in a single hearing) an opportunity to be heard regarding any disputed portion of the delinquent bill. The hearing shall be open to the public, informal, and the hearing officer shall accept evidence only pertaining to the accuracy of the charges. At the close of the hearing, the hearing officer shall enter a findings, decision and order declaring the amount due and owing, if any, and a copy of the findings, decision and order shall be provided to the Finance and Water Departments, as well as the party(ies) requesting the hearing. If the amount due is found to be different than the amount originally claimed by the village in its initial notice of shut-off box installation and water service termination, an amended notice of shut-off box installation and water service termination shall be served upon the owner and occupant of the property in the same manner as the initial notice, except that no further opportunity to request a hearing shall be provided. In such cases, the date for shut-off box installation and water service termination shall be not less than ten days from the date of service of the amended notice.
(3) The village shall not install a shut-off box on the service pipe carrying water into the unit subject to the arrears and subsequently disconnect the water service to any unit for nonpayment during the pendency of a dispute regarding the amount owed if:
(a) A written request for hearing has been remitted by the owner or occupant, which request shall be made in writing and contain the name, address and telephone number of the person disputing a charge, identify with particularity the amount or portion of the bill(s)/charge(s) in dispute, and state the specific grounds or reasons for which the charges billed are being disputed (the consumer's ability to pay shall not be a relevant consideration or basis for dispute); and payment of all undisputed portions of the bill(s) is made in full; or
(b) The hearing officer finds that there is a balance of less than $500 due and owing the village.
(4) The village may install a shut-off box on the service pipe carrying water into the unit subject to the arrears and subsequently disconnect water service to that unit for nonpayment if:
(a) No written request for hearing has been remitted by the consumer prior to the shut-off box installation date specified in the village's notice of impending shut-off box installation and subsequent water service termination;
(b) The dispute is resolved by the hearing officer ordering an amount due in excess of $1,500 that is not paid in full prior to the shut-off box installation date specified in the village's notice of impending shut-off box installation and subsequent water service termination;
(c) The consumer fails to pay any undisputed portions of the bill(s);
(d) The consumer fails to appear for the scheduled adjudicatory hearing;
(e) After tendering a written request for hearing as provided herein, the consumer is unresponsive to the village's attempts to schedule a hearing date and time; or
(f) Following installation of a shut-off box, the consumer pays the village only the water and sewer charges due but does not reimburse the village for its expenditures related to the installation of the shut-off box on the consumer's service pipe.
(5) In the event that a shut-off box is installed on the delinquent unit's water service pipe for nonpayment of water and sewer arrears in excess of $1,500, the owner and occupant of the unit, if different, shall be jointly and severally liable to the village for reimbursing it for the costs of such installation.
(6) In the event the water supply is terminated, a $100 fee shall be charged to have the water supply turned back on, in addition to all other fees and charges that may have been incurred.
(7) When the water supply to a property is turned off, it shall be unlawful for any person other than a village employee or village designee to attempt to turn said water supply back on, or to tamper with the water meter, service connection, service pipes, valves, shut-off boxes or any other element or appurtenance of the village waterworks system. Any such act shall be considered a violation of § 52.54, attributable to the owner and/or occupant of the subject property, and a penalty shall be imposed in accordance with § 52.99(G).
(8) When water service is terminated to an attached unit based upon a failure of the owner or occupant to make full payment of amounts due for water service within the time specified under the Village Code, prior to the reinstatement of services to said property, the village may demand full satisfaction of the outstanding charges for the cost of installing a shut-off box on the service pipe to the unit, water and/or sewer arrears, late fees and penalties, the turn-on fee set forth in division (C)(6) of this section, garbage pickup fees, all expenditures related to preparing and providing notice(s) of delinquency, and any outstanding code violations pertaining to the affected unit.
(9) The charges and fees described in division (C)(8) of this section shall be paid by the person owning or occupying, or in possession, charge or control of such attached unit at the time it is desired to have water service restored thereto, irrespective of whether such person shall have been the one responsible for the accumulated charges or fees or fines stemming from violations of any provision of this division (C) or Chapter 52 generally.
(10) Restoration of service. Following termination of water service, such service shall be restored immediately to the unit following payment in full of all outstanding charges for water and/or sewer services, late fees and penalties, the turn-on fee set forth in division (A)(3) of this section, garbage pick-up fees, reimbursement to the village for its costs incurred installing a shut-off box on the service pipe to the unit, all expenditures related to preparing and providing notice(s) of delinquency, any outstanding code violations pertaining to the property, and payment of a deposit as specified in § 52.02, if applicable. Although there is herein established a $1,500 delinquency threshold triggering the applicability of this division (C), once the village has installed a shut-off box on the unit's water service pipe and shut off the water, the entire aggregate balance, as described in division (C)(8) of this section, must be satisfied in its entirety in order to restore water service to the unit.
(11) Installing a shut-off box at the owner's/occupant's expense and subsequently shutting off water service for nonpayment shall not be the exclusive remedy for water service bill delinquencies. The village may also record a lien for the aggregate delinquent payments and the cost of installing the shut-off box and foreclose on such liens in accordance with § 52.40 and pursue any other collection methods available to the village by law. Any and all such courses of action may be pursued simultaneously and shall not be mutually exclusive to one another.
(12) Once a shut-off box has been installed on a water service pipe servicing an attached unit as described in this division (C) and the water service has been terminated and subsequently restored following payment in full, such an attached unit with a water service pipe and dedicated shut-off box shall henceforth be treated as a detached premises in the same manner and to the same extent as the properties identified and described in division (A) of this section, including the 30-day delinquency trigger for water service termination.
(D) Disabled residents.
(1) This division (D) shall apply to any disabled individual living in any dwelling unit described in division (A), (B), or (C) that are supplied water by the village. A disabled resident is defined as a lawful resident of the Village of Bellwood who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment. To be considered disabled under this section, a resident must provide certification of their status as disabled from a physician licensed in Illinois.
(2) The water supply may be shut off to any premises or unit as described in division (A)(1), (B)(1), or (C)(1) of this section for which the water bill remains unpaid for a period of 30 days after the bill is rendered and mailed, insofar as the deposit funds specified in § 52.02, if applicable, are insufficient to satisfy the outstanding balance in full plus any applicable penalties or late fees that may have accrued.
(3) No water supply may be shut off until the consumer is given ten days advance written notice of the village's intent to terminate the water supply, which notice shall be sent via first class mail sent to the address(es) at which the consumer registered with the village in the application for water service as provided in § 52.02(A). The notice required under this division (A)(3), (B)(3), or (C)(3) shall be in substantially the same form as the detached property water termination notice attached to Ordinance No. 11-20 and incorporated by reference herein.
(4) (a) The notice described in division (A)(3) of this section shall inform the consumer of his or her right to a pre-termination hearing conducted at the first available administrative adjudication hearing date after a written request for hearing is remitted by the consumer to the Finance Department, either by mail or in-person delivery in accordance with division (A)(4)(a)1. of this section. Upon receiving a written request for a pre-termination hearing, a designee of the village shall schedule a hearing with the requestor, which hearing shall be scheduled on or before the disconnection date specified in the notice of the village's intent to terminate the water supply to the premises. If the written request for a pre-termination hearing is timely received by the village prior to the disconnection date, but no administrative adjudication session will take place prior to the specified termination date, the termination shall be delayed until after the hearing takes place. The hearing shall provide the consumer an opportunity to be heard regarding any disputed portion of the bill. The hearing shall be open to the public, informal, and the hearing officer shall accept evidence only pertaining to the accuracy of the charges. At the close of the hearing, the hearing officer shall enter a findings, decision and order declaring the amount due and owing, if any, and a copy of the findings, decision and order shall be provided to the Finance and Water Departments, as well as the party/parties requesting the hearing. If the amount due is found to be different than the amount originally claimed by the village in its initial notice of water service termination, an amended notice of water service termination shall be served upon the owner and tenants of the property in the same manner as the initial notice, except that no further opportunity to reguest a hearing shall be provided. In such cases, the date for water service termination shall be not less than ten days from the date of service of the amended notice.
(b) The village shall not disconnect the water service to any property for nonpayment during the pendency of the dispute if:
1. A written reguest for hearing has been remitted bv the consumer, which reguest shall be made in writing and contain the name, address and telephone number of the person disputing a charge, identify with particularity the amount or portion of the bill(s)/charge(s) in dispute, and state the specific grounds or reasons for which the charges billed are being disputed (the consumer's ability to pay shall not be a relevant consideration or basis for dispute): and payment of all undisputed portions of the bill(s) is made in full; or
2. The hearing officer finds that there is no outstanding balance due and owing the village.
(c) The village may disconnect the water service to any property for nonpayment if:
1. No written request for hearing has been remitted bv the consumer prior to the termination date specified in the village's notice of impending water service termination;
2. The dispute is resolved bv the hearing officer ordering an amount due that is not paid in full prior to the termination date specified in the village's notice of impending water service termination;
3. The consumer fails to pay any undisputed portions of the bill(s);
4. The consumer fails to appear for the scheduled adjudicatory hearing; or
5. After tendering a written reguest for hearing as provided herein, the consumer is unresponsive to the village's attempts to schedule a hearing date and time.
(5) The termination of service will be delayed by 30 days if a physician licensed in the state of Illinois certifies that disconnection would adversely affect the health of a disabled household member and the customer enters into a payment plan with the village prior to the disconnection date provided in the termination notice. Failure of the customer to comply with the terms of the payment plan will result in termination of service pursuant to the procedures described above.
(6) Disabled residents may enter into a payment plan with the village prior to the village issuing a termination notice from the village. If a payment plan is entered into prior to the village issuing a termination notice, such termination notice will not be issued unless the disabled resident fails to make payments pursuant to the issued payment plan.
(7) In the event the water supply is terminated, a $100 fee shall be charged to have the water supply turned back on.
(8) When the water supply to a property is turned off, it shall be unlawful for anv person other than a village employee or village designee to attempt to turn said water supply back on, or to tamper with the water meter, service connection, service pipes, valves, shut-off boxes or anv other element or appurtenance of the village waterworks system. Anv such act shall be considered a violation of § 52.54, attributable to the owner and/or occupant of the subject property, and a penalty shall be imposed in accordance with § 52.99(G).
(9) When water service is terminated for a property based upon a failure to make full payment of amounts due for water service within the time specified under the Village Code, prior to the reinstatement of services to said property, the village mav demand full satisfaction of the outstanding charges for water and/or sewer services, late fees and penalties, the turn-on fee set forth in division (A)(3) of this section, garbage pickup fees, all expenditures related to preparing and providing notice(s) of delinquency, and any outstanding code violations pertaining to the property.
(10) The charges hereinbefore provided shall be paid by the person owning or occupying, or in possession, charge or control of such building, structure or premises at the time it is desired to have water service restored thereto, irrespective of whether such person shall have been the one responsible for the accumulated charges or fees or fines stemming from a violation of anv provision of this division (A) or Chapter 52 generally.
(11) Restoration of service. Following termination of water service, such service shall be restored immediately to the premises following payment in full of all outstanding charges for water and/or sewer services, late fees and penalties, the turn-on fee set forth in division (A)(3) of this section, garbage pick-up fees, all expenditures related to preparing and providing notice(s) of delinquency, any outstanding code violations pertaining to the property, and payment of a deposit as specified in § 52.02, if applicable.
(12) Terminating water service for nonpayment shall not be the exclusive remedy for nonpayment. The village may also record a lien for delinquent payments and foreclose on such liens in accordance with § 52.40 and pursue any other collection methods available to the village by law. Any and all such courses of action may be pursued simultaneously and shall not be mutually exclusive to one another.
(Ord. 8-80, passed 9-10-08; Am. Ord. 10-53, passed 5-12-10; Am. Ord. 11-20, passed 6-15-11; Am. Ord. 13-11, passed 3-20-13; Am. Ord. 18-14, passed 6-20-18) Penalty, see § 52.99