(A) At any time before the date of termination of water service, a person responsible for the bill may dispute the bill or the basis for any such termination.
(B) The procedure for resolving the dispute shall be as follows:
(1) Before the date of termination of water service, a person responsible for the bill shall notify the Village Clerk in writing that he or she disputes all or part of the amounts shown on the bill or the basis for termination of water service, stating as completely as possible the basis for the dispute.
(2) If the Village Clerk determines that the dispute is untimely or is the same as a previously filed dispute, the Village Clerk shall mail to the person filing the dispute a notice stating that the present dispute is untimely or invalid. If the Village Clerk determines that the dispute is not untimely or invalid, the Village Clerk shall, within three days after receipt of the notice, arrange an informal meeting between such person and the Chair of the Committee on Sewer and Water. The Chair of the Committee on Sewer and Water shall attempt to resolve the dispute in a manner satisfactory to both the Chair of the Committee on Sewer and Water and the person, based on the applicable village records, the person’s allegations and other other relevant materials available to the Chair of the Committee on Sewer and Water. Within five days of completion of such meeting, the Chair of the Committee on Sewer and Water shall mail to the person a copy of his or her decision resolving the dispute.
(3) If the decision is unsatisfactory to the person filing the dispute, such person, within five days of receipt of the Chair of the Committee on Sewer and Water’s decision, may file in writing with the Village Clerk a notice for a formal hearing before the Village Board. The formal hearing before the Village Board shall be held within ten days of the Village Clerk’s receipt of such notice. At the hearing, the Chair of the Committee on Sewer and Water and the person shall be entitled to present all evidence that is, in the Board of Trustee’s view, relevant and material to the dispute, and to examine and cross examine witnesses. A tape-recorded record of the hearing shall be maintained. Based on the record established at the hearing, the Village Board, within five days of completion of the hearing, shall issue its written decision formally resolving the dispute. Such decision shall be final and binding.
(C) (1) Utilization of this dispute procedure shall not relieve a person from his or her obligation to:
(a) Timely and completely pay all other undisputed water charges and the undisputed portions of the amounts which are subject to the present dispute; and
(b) Otherwise comply with this chapter.
(2) Notwithstanding division (D) below, failure to timely and completely pay all such undisputed amounts or to comply with this chapter shall subject the premises to termination of water service in accordance with the provisions of this chapter.
(D) Until the date of the Chair of the Committee on Sewer and Water’s decision or the decision of the Village Board, whichever is later, the village shall not terminate the water service of the person and shall not issue a notice of termination solely based upon the matters in dispute. If it is determined that the person must pay some or all of the disputed amounts, or must take some action to comply with this chapter, the Chair of the Committee on Sewer and Water or the Village Board, as applicable, shall promptly mail to the person a notice of termination, which shall contain the following:
(1) The amount to be paid or the violation to be corrected;
(2) The date of the notice of termination;
(3) The date of termination, which shall be at least 15 days after the date of the notice of termination; and
(4) Notice that unless the village receives complete payment in the amount shown prior to the date of termination, or that the violation has been corrected, water service shall be terminated.
(Ord. 2019-16, passed 12-16-2019; Ord. 2021-02, passed 3-15-2021; Ord. 2023-01, passed 3-20-2023)