The rates or charges for water and sewer services shall be due and payable as indicated on the bill for services. The owner of the premises, the occupant thereof, the user of the water and/or sewer service, and the person or other entity in possession of the water meter installed on the premises shall be jointly and severally liable to pay for the service on such premises, and service is furnished to the premises by the Village only upon the condition that the owner of the premises, the occupant thereof, the user of the service, and the person or other entity in possession of the water meter installed on the premises are jointly and severally liable therefor to the Village. The owner of any premises to which water and/or sewer service is furnished is liable to pay for such service and such service is to be furnished by the Village, regardless of any separate private agreements that the owner may maintain with a third-party for liability. The owner of the premises is at all times required to notify the Village of the billing address and such other information required by the Village regardless of any sale or transfer of the premises, or change in occupancy or user of water and/or sewer service at the premises. (Ord. 1-93, 1-5-1993; amd. Ord. 9-2008, 2-19-2008)
All bills for services shall be payable by the close of business on the twentieth day after the rendition of the bill or by the due date as provided in the bill, whichever occurs last. If payment of the full amount of the bill is not made within such period, then a penalty of ten percent (10%) of the outstanding amount of the bill shall be added thereto. In the event the charge for service is not paid within forty five (45) days after the rendition of the bill, such charge shall be deemed and is hereby declared delinquent, and thereafter such delinquency shall constitute a lien upon the real estate for which such service is supplied, and the Village Clerk is hereby authorized and directed to file sworn statements showing such delinquency in the Office of the Recorder of Deeds of DuPage or Cook Counties, Illinois in accordance with 65 Illinois Compiled Statutes 5/11-139-8, and the filing of such statements in such offices shall be deemed notice of the lien for the payment of such charges for such services. The Village Attorney is authorized to institute foreclosure proceedings in the name of the Village against any property against which a lien has been recorded in a like manner and with like effect as set forth under 65 Illinois Compiled Statutes 5/11-139-8.
If the charge for such service is not paid within forty five (45) days after rendition of the bill, such service may be terminated, and shall not be reinstated until all past due bills, including the penalties thereon, are paid in full together with the payment of fifty dollars ($50.00) if water service is turned on from seven o'clock (7:00) A.M. to three o'clock (3:00) P.M. Monday through Friday and seventy five dollars ($75.00) if turned on during all other hours including holidays, either in U.S. currency or by a certified negotiable instrument. The Village shall give the owner of the premises, the occupant thereof and the account holder at least ten (10) days' notice of intent to shut off such service, the reason for the shutoff, the past due amount, and an opportunity to request and obtain a hearing with respect to such unpaid charges before the Finance Director, or such designee. The Village shall notify the owner of the premises and the account holder of the past due billing by mailing a written notice of termination to the billing address and to the owner of record, as referenced by the taxpayer's identification number. For all buildings other than buildings with three (3) or more residential apartments, the Village shall notify the occupant of the premises by either mailing a written notice of termination to the premises or by posting a notice at the premises warning that the service will be shut off. For buildings with three (3) or more residential apartments, the Village shall notify each tenant of the premises by either mailing a written notice of termination to the premises or by posting a notice at the premises warning that the service will be shut off. If the Finance Director, or such designee, confirms the shutoff after a hearing, if requested, the owner, occupant and account holder shall be allowed a reasonable period of time, not less than five (5) days, to pay the delinquent charges prior to the shutoff of services. (Ord. 1-93, 1-5-1993)
It shall be the duty of the Finance Director to enforce the provisions of this section whenever delinquency shall occur. Therefore, ten (10) days after such notice of termination is effectuated or five (5) days after the hearing with the Finance Director, or such designee, wherein service shutoff was confirmed, service shall be terminated.
The Village may also enforce collection of delinquent water and sewer bills by filing civil proceedings in the Circuit Court. Such proceeding may be against the owner of the premises for which the water and/or sewer service was supplied or any tenant, lessee, occupant or user who contracted for such water and/or sewer service or against both of them. The defendant(s) in such proceeding shall be liable for the amount of the delinquent bill, together with all penalties provided in this chapter, reasonable attorney fees and costs.
Any change of ownership or occupancy shall not affect the application of this section. At no time shall the nonreceipt of a bill exempt the owner of the premises, the occupant thereof, the user of the water and/or sewer service to such premises and the person or other entity in possession of the water meter installed on the premises from any responsibility or liability imposed in this chapter.
Whenever the Village Manager or Finance Director determines that a given party's water or sewer account is in arrears, the Village Manager or Finance Director is hereby authorized to enter into an agreement with such party to avoid termination of service.
A. Such agreement may create payment plans designed to allow such party to pay over time past due amounts for service received. The Village Manager and Finance Director shall be authorized to establish rules, regulations and terms for such agreement and payment plans. The Village Manager or Finance Director is authorized to waive outstanding penalties accrued on such party's account for those parties who enter into an agreement. At a minimum, such agreement must provide that all bills for future service will be paid in full on time and that the agreed amount will be paid in full. Such agreement shall provide terms for the repayment of the agreed amount in installments for a specified period, require a minimum good faith down payment of the outstanding balance and provide for a mechanism to enforce the collection of unpaid balances, including the recording of a lien on the real estate in question.
B. In the event a party fails to abide by the terms of such agreement, the outstanding balance and all penalties shall become due and the Village Manager or Finance Director shall terminate service ten (10) days after notice of termination is effectuated.
Notwithstanding anything in this Code to the contrary, no building permits, occupancy permits, zoning certificates, business licenses, or any other village issued permit or license of any kind or type shall be issued to any applicant therefor if such applicant is indebted to the village for any overdue bill or fee, including, but not limited to, any overdue bill for water and sewer services. (Ord. 65-2008, 8-18-2008; amd. Ord. 41-2020, 8-25-2020)