Charges for water supply services furnished by the system to any premises shall be a lien thereon as of the due date thereof, and on May 1 of each year the Village Clerk shall certify any such charges which have been delinquent 90 days or more, plus penalties accrued thereon, to the Village Council who shall cause the same to be entered upon the next village tax roll against the premises, to which such services shall have been rendered and said unpaid charges, with penalties accrued thereon, shall be collected and said lien shall be enforced in the same manner as provided in respect to taxes assessed upon such roll; provided that when a tenant is responsible for the payment of any such charge against any premises, and the Village is so notified in writing, in the form of an affidavit from the lessor, with a true copy of the lease of the affected premises (if there be one) attached, then no such charge shall become a lien against such premises from and after the date of such notice. However, upon the filing of a lessor's affidavit, no further service shall be rendered by the system to such premises until a cash deposit equal to the average annual charge for services, with a minimum use of 8 MCF (1,000 cubic feet) as security for the payment of charges is paid to the Village or operator of the system. This deposit will also include all miscellaneous expenses and assessments such as IPP (Industrial Pretreatment Program) and capital and other charges for the system. If quarterly payments for services provided are not received, the amount due will be paid from the funds on deposit. If the funds on deposit are exhausted, service will be shut off. Service will not be re-established until any unpaid balance is paid in full and another minimum deposit as described above has been paid. A lessor's affidavit shall include the date of the execution of the lease, the expiration of the lease, and a statement that the lessor shall not be liable for payment for service. Lessor shall provide 20 days notice to the Village prior to any change, cancellation or termination of the lease. If a lessor does not file an affidavit, or fails to provide the Village with 20 days notice of any change, cancellation or termination in accordance with this section, charges for services to any premises shall be a lien thereon in the same manner as provided herein.
(Ord. 190, passed 9-27-04)