A. Definitions And Rules: For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given in this subsection. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural number; the word "shall" is always mandatory and not merely directory.
OWNER: Includes, but is not limited to:
1. The actual title holder of public record of the premises to which water service is or has been rendered.
2. The holder or holders of the beneficial interest in any land trust or trusts holding legal title to the premises to which water service has been rendered.
PERSON: Any person, firm, partnership, association, corporation, company, or organization of any kind.
USER: The person or persons enjoying or having enjoyed water service.
UTILITY: The Water Department of the Village of Chebanse.
VILLAGE: The Village of Chebanse.
B. Rendition Of Bill: A water bill shall be mailed monthly to every water user for water service supplied during the time period shown on the water bill. Every water bill shall contain the following information:
1. Time period and number of days of water service covered by the water bill.
2. The water charge and/or installment and surcharge due.
3. The date of said water bill.
4. The date when complete payment is due, which shall be at least twenty five (25) days from the date of the bill itself.
5. In case of metered service, a notice whether the bill is based on actual or estimated measurement of water service supplied.
6. Notice that failure to timely and completely pay the amount(s) shown on the water bill shall result in termination of water service.
C. User Dispute:
1. At any time before the date of termination of water service for nonpayment of the amount(s) shown on a water bill, a water user may dispute the correctness of all or part of the amount(s) shown in accordance with the provisions of this section. A water user shall not be entitled to dispute the correctness of all or part of the amount(s) if all or part of the amount(s) was (were) the subject of a previous dispute, and the utility had previously determined that the basis for such past dispute was not valid.
2. The procedure for water user disputes shall be as follows:
a. Not less than seven (7) days before the date of termination, the user shall notify the utility in writing that he or she disputes all or part of the amount(s) shown on a water bill, stating as completely, if possible, the basis for his or her dispute.
b. If the utility determines that the present dispute is untimely or that the water user previously disputed the correctness of all or part of the amount(s) shown, and the utility had previously determined that the basis for such past dispute was not valid, the utility shall mail to said user a notice stating that the present dispute is untimely or invalid. The utility shall then proceed as if the customer had not notified the utility of the present dispute.
c. If the utility determines that the present dispute is not untimely or invalid, the utility, within three (3) business days after receipt of the water user's notice, shall arrange an informal meeting between the water user and an official of the utility.
d. Based on the utility's records, the water user's allegations and all other relevant material available to the official, the official shall resolve the dispute, attempting to do so in a manner to satisfy both the utility and the customer.
e. Within five (5) business days of the completion of the meeting, the official shall mail to the customer a copy of the decision resolving the dispute.
3. Utilization of this dispute procedure shall not relieve a water user of his or her obligation to timely and completely pay the amount(s) shown on the water bill and/or installments and surcharges and the undisputed portion of the amount which is the subject of the present dispute. Failure to timely and completely pay all such other disputed amounts and/or enter into a payment agreement to satisfy any amounts remaining due after the utility has made a decision on the disputed amounts, shall subject the water user to termination of water service in accordance with the provisions of this section.
4. Until the date of the utility official's decision, the utility shall not terminate the water service of said water user and shall not issue a notice of termination to him or her solely for nonpayment of the disputed amount.
5. If it is determined that the water user must pay some or all of the disputed amount, the utility shall promptly mail to, or personally serve upon, the water user a notice of termination which shall contain the following:
a. The amount to be paid.
b. The date of the notice of termination.
c. The date of termination, which shall be at least fifteen (15) days after the date of the notice of termination, provided the water user has not entered into a payment agreement with the utility.
d. Notice that unless the utility receives complete payment of the amount shown prior to the date of termination, or has entered into a payment agreement with the water user, water service shall be terminated. (Ord. 14-09, 11-3-2014)
D. Termination Procedure:
1. Except as otherwise provided herein, the provisions hereinafter stated shall apply to all terminations of water service for nonpayment of water charges and/or installments or surcharges, as well as agreements between the water user and the utility for payment of delinquent accounts. (Ord. 14-09, 11-3-2014; amd. 2019 Code)
2. If, by the payment date shown on a water bill, the utility has not received complete payment of the amount shown on the bill or the notice and/or the water user has not entered into a payment agreement with the utility or is otherwise not in compliance with any such payment agreement, the utility shall mail to or personally serve upon the water user a notice of termination at least three (3) days after the payment date. The notice of termination shall contain the following:
a. The amount or amounts to be paid.
b. The date of the notice of termination.
c. The date of termination, which shall be at least fifteen (15) days from the date of the notice of termination.
d. Notice that unless the utility receives complete payment of the amount shown prior to the date of termination, or has entered into a payment agreement with the water user, water service shall be terminated.
3. If, prior to the date of termination:
a. The utility has not received complete payment of the amount shown on the notice of termination or has not otherwise entered into a payment agreement with the water user, the utility shall terminate water service provided to the user on the date of termination.
b. The water user has not notified in writing the utility that he or she disputes the correctness of all or part of the amount shown on the notice of termination, or has not otherwise entered into an agreement with the utility for payment of past due amounts, then the utility shall terminate water service provided to the user on the date of termination.
4. If the utility receives the payment of the entire amount shown on the notice of termination prior to the date of termination, such payment shall be considered a timely and complete payment for the purposes of this chapter. (Ord. 14-09, 11-3-2014)
5. In the event of termination of water service in accordance with this section, the Village shall assess a disconnect fee of fifty dollars ($50.00). (Ord. 98-04, 5-4-1998; amd. 2019 Code)
E. Reinstatement Of Service: In the event of termination of water service in accordance with the provisions of this section, the utility shall reinstate water service to the water user within twenty four (24) hours of the utility's receipt of complete payment of the amount or amounts or which nonpayment prompted the termination. Such payment shall not be considered a timely payment for the purposes of this chapter. A fifty dollar ($50.00) reinstatement fee shall be charged. (Ord. 14-09, 11-3-2014; amd. 2019 Code)
F. Lien Provisions:
1. Any amount of money remaining due and owing to the utility for water service for a period of thirty (30) days following termination of water service shall become and constitute a lien upon the real estate to which water service has been supplied. The Village Clerk shall file a sworn statement showing such delinquencies in the Office of the Recorder of Deeds of Kankakee County or Iroquois County, whichever the case may be, which sworn statement, when filed, shall be deemed a notice of lien for the payment of such water service. The sworn statement shall be entitled "Claim for Lien" which shall set forth the following:
a. A description of the real estate sufficient for the identification thereof upon and for which the water service was supplied.
b. The amount or amounts of money due for said water service.
c. The date or dates when such amount or amounts became delinquent.
2. If all amounts shown due remain unpaid after recording, as provided by law, the Village may foreclose such lien in a like manner and with like effect as in the foreclosure of mortgages upon real estate. In the alternative, the Village may, in its discretion, file suit to collect such amounts as are delinquent and due against the owner of the real estate or against the user of the real estate, or both, in a civil action and shall collect, as well, all court costs pertaining to said action, as well as reasonable attorney fees, the same to be fixed by order of the court. (Ord. 14-09, 11-3-2014)