(A) Application. No water from the village water system shall be turned on for service into any premises by any person other than an employee of the village. Application to have water turned on shall be made in writing to the Village Clerk using forms provided by the Village Clerk. Responsibility for payment shall be as set forth in § 51.17. In the case of non-owner occupied premises, the applicant must provide name, address and telephone information of both the owner and occupant(s) of such premises. The deposit required by division (B) below shall be payable in advance to be made at the time of application as a condition precedent for the turn-on of the water service at a particular premises. Water service shall not be turned on or otherwise restored to a premises until all fees, deposits and delinquent charges have been paid in full; except that, when ownership of a premises is transferred to a new owner, it shall not be the responsibility of the new owner to pay the fees, deposits and delinquent charges prior to water service being turned on or otherwise restored to a premises without proof of a contract making the new owner responsible.
(B) Deposit required.
(1) In addition to payment of any other fees or amounts due and owing the village, a deposit, in the amounts set forth below, shall be made with each application for water service, whether the applicant is applying for water service for the first time or whether through a change of address or otherwise is applying for water service at a new, other or additional premises, which deposit shall be a condition precedent to the supplying of such water. The deposit shall be paid to the Village Clerk and shall be retained by the village to ensure the payment of any outstanding bills or charges for water services rendered upon termination of water service. The amount of the deposit, which may be amended from time to time by the Village Board, shall be $200 with respect to each single-family home or separately metered residential unit in a multi-family premises, $200 with respect to each residential unit in a multi-family premises that is served by a single water meter or shut-off box, $200 with respect to commercial property and $200 with respect to industrial property.
(2) The water deposit shall be retained to the credit of the premises in an account separate from the village’s water account of the water fund. Such funds shall not be considered “revenue” unless and until such funds are drawn upon and transferred into the water account of the water fund. When water service is discontinued permanently via a request for and payment of a final bill or otherwise, the deposit, less any amount still due the village for provision of water services, penalties, fees and payment of any costs associated with the liening of the premises for delinquent water service payments or costs associated with other collection efforts, shall be refunded to the applicant without interest or transferred to a different premises in the village upon request of the applicant.
(3) Should a premises be vacated without the applicant requesting or paying a final bill, without notifying the village of such vacancy, or failing to claim a refund or transfer of the deposit within 60 days of vacancy, the village shall notify the applicant at the last known address through the United States Mail Service of any portion of the deposit available for refund.
(4) Should the applicant fail to notify the village of a claim for refund within 30 days after the village sends notice through the United States Mail Service as provided in division (B)(3) above, the balance of the deposit shall be transferred to the water account of the water fund. The village shall thereafter maintain a record of this transfer for a period of one year. If a claim for refund of the deposit is filed within such one year period and the applicant is entitled to such a refund, the village will make such refund from the water account of the water fund. If no claim is filed, the deposit will become non-refundable with any remaining portion of the deposit reimbursing the village for its cost of handling and maintaining the records.
(5) When water service is terminated, if there remains any outstanding bills or charges for water services rendered, then the deposit or that portion of the deposit as is necessary, shall be applied to pay such bills or charges, including any penalty fees that may have accrued.
(6) When a deposit has been drawn down to satisfy a water arrearage as provided in division (B)(5) above, the applicant and the owner of the premises, if different, shall be notified promptly through the United States Mail Service sent to the premises served by such water service and at the address at which the applicant and owner have registered with the village, if different. This notice shall specify the amount of the deposit having been applied to satisfy water arrearages, the remaining amount of the deposit or any remaining amounts due for water services for which the deposit was insufficient to satisfy in lull.
(Ord. 2023-01, passed 3-20-2023)