(A) Customer accepts service. The rates, rules, and regulations contained in this chapter shall constitute and be considered a part of the contract with every person, company, or corporation who is supplied with water and sewer services from the waterworks and sewer system and every person, company, or corporation, hereinafter called a “customer,” who accepts and uses city water and sewer services shall be held to have consented to be bound thereby.
(B) Not liable for interrupted service. The Department shall endeavor, at all times, to provide a regular and uninterrupted supply of service; however, in case the supply of service shall be interrupted or irregular or defective or fail from causes beyond its control or through ordinary negligence of employees, servants, or agents, the Department shall not be liable therefor.
(C) Destroying property. Any person found guilty of defacing, tampering, injuring, or destroying or, in any manner, limiting the use or availability of any meter or any property of the waterworks system and sewer system or erecting signs on the property of the Department without permission shall be in violation of this section.
(D) Service obtained by fraud.
(1) All contracts for water and sewer services shall be made in the name of the head of the household, firm, or corporation using the established spelling of that person’s or firm’s name.
(2) Attempts to obtain service by the use of other names, different spellings, or by substituting other persons or firms shall be considered a subterfuge and service shall be denied.
(3) If service has been discontinued because of nonpayment of bills or any unpaid obligation and service has again been obtained through subterfuge, misrepresentation, or fraud, that service shall be promptly disconnected and the whole or such part of the deposit as may be necessary to satisfy the unpaid obligation shall be retained by the city and credited to the appropriate account.
(E) Failure to receive bill.
(1) Failure to receive a bill shall not excuse a customer from his or her obligation to pay within the time specified.
(2) Should the Department be unable to bill a customer for services used during any month, the following billing shall include the charges for services used during the unbilled month. A month shall be considered as that period of approximately 30 days.
(F) Request to discontinue service. Services shall have been deemed to have been supplied to any property connected to the utility systems during a month unless the customer notifies the city prior to the first day of the new billing month in which the services are to be discontinued.
(G) Billing; utility shut-off; hearing.
(1) All bills for utility services shall be due and payable upon presentation. If a bill is not paid by the tenth day of the month or within ten days of the date the bill is presented, whichever is later, a penalty equal to 10% of the amount due on said bill shall be added thereto. This penalty shall be in addition to the charges heretofore established for the utility services.
(2) Any customer who fails to pay the utility bill within 25 days of presentation shall have his or her utility services disconnected after a written notice from the city has been mailed by first-class mail to the customer 20 days after billing, affording the customer an opportunity to request a hearing. The notice shall specifically advise the customer of the following:
(a) Name and address of the consumer and the amount of the bill;
(b) The date, time, and location of the hearing to be held;
(c) The customer has a right to be heard and to present evidence in his or her behalf if he or she does not agree with the utility bill; and
(d) If the customer fails to appear at the hearing, the customer’s utility service shall be terminated without further notice or proceedings. (See Memphis Light, Gas & Water v. Craft 98 S. Ct 1554 (1978).)
(3) The time, date, and location of the hearing shall be determined by the Mayor or his or her designated representative. The Mayor or his or her designee shall make a final determination as to the rights of the customer and the city based on the information received at the hearing.
(4) The customer shall be notified within two working days of the decision rendered by the Mayor or his or her designee. If the service is to be discontinued, a date and time shall be set out in the notice to terminate the service or services of the customer. Notice of the Mayor’s or designee’s decision shall be made by first-class mail to the customer’s last known address.
(5) If the Mayor or his or her designee decides in favor of the city, the city shall have the right to discontinue the customer’s utility services. Should the customer fail to appear at the hearing or should the notice be returned to the city for any reason, the city shall also have the right to terminate the customer’s utility services without further notice or proceedings.
(6) If the customer who has been notified for nonpayment of utility bills is not the owner of record, then the city shall notify the owner of the property by first-class mail.
(7) Once utility services have been disconnected, the same shall not be again connected or used until all delinquent accounts and bills of service are paid in full, including a fee of $35 for each connection of such utility services, plus expenses incurred in the reconnecting of the utility services.
(H) Lien notice. Whenever a bill for utility services remains unpaid for 60 days after it has been rendered, the Clerk shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the municipality claims a lien for this amount to the period covered by the bill.
(1) If the consumer of utility services whose bill is unpaid is not the owner of the premises and the Treasurer has notice of this, then notice shall be mailed to the owner of the premises, if his or her address is known to the Clerk, whenever such bill remains unpaid for a period of 30 days after it has been rendered.
(2) The failure of the Clerk to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid utility bills as mentioned herein.
(I) Foreclosure of lien. Property subject to a lien for unpaid utility charges may be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the city. The City Attorney is hereby authorized to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which the bill for utility services has remained unpaid 60 days after it has been rendered.
(Prior Code, § 38-2-1) Penalty, see § 50.99
Statutory reference:
Related provisions, see 65 ILCS 5/11-139-8