A. Billing: Water user service charges shall be billed on a bimonthly (every 2 months) basis to the owner of each residential premises connected to the Village's water system at the address of the premises or at the owner's address on file with the Village if the owner does not reside at the premises. In the case of commercial premises, the owner may designate that the billing be directed to the tenant at the address of the premises or at such other address that the owner designates in writing. Bills for water service shall be mailed out every two (2) months. Such bills shall be deemed delinquent if not paid within thirty (30) days of billing date and an additional ten percent (10%) delinquency charge shall be added to such delinquent balance.
B. Users: The owner of the premises connected to the Village's water system, the occupant thereof and the user of the water service shall all be construed to be "users" for purposes of this section and all shall be jointly and severally liable to pay for such service to such premises, and such service is furnished to the premises by the Village only upon the condition that the owner of the premises, occupant and user of such service are jointly and severally liable to the Village for all charges as set forth herein.
C. Delinquency Charges; Statement Of Lien: In the event the water user service charges, including any delinquency charge then due, are not paid within sixty (60) days after the date of billing, then an additional ten percent (10%) delinquency charge shall be added to the delinquent balance, and thereafter the Village may file a statement of lien claim with the County Recorder of Deeds. This sworn statement of lien claim shall include: 1) a legal description of the premises to which water service was provided sufficient to identify the property, 2) the amount of the unpaid water user service charges and delinquency charges and other charges as provided herein, 3) the date when the amount due became delinquent, and 4) a notice that the Village claims a lien for the stated amount as well as for all water service user charges and delinquency charges, subsequent to the period for which the bill was rendered. Whenever the person whose water user service charges are delinquent is not the owner of the premises to which water service was provided by the Village, and the Village has previously received notice of this, notice of delinquency and lien shall be mailed to the owner of the premises at the address of the premises or at the owner's address on file with the Village. The failure of the Village to record the lien with the County Recorder of Deeds, or to mail the notice of delinquency and lien to the owner of the premises or failure of the owner to receive such notice, shall not affect the right of the Village to foreclose the lien for unpaid bills as mentioned herein. The property owner shall be responsible for a fifty eight dollar ($58.00) charge for processing and release of any lien hereunder, in addition to actual recording charges incurred by the Village for the lien claim and the release.
D. Lien For Unpaid Charges: Property subject to a lien for unpaid water user service charges shall be sold for nonpayment of the same, and the proceeds of the 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 Village. The Village legal counsel is hereby authorized to institute such proceedings or other collection proceedings in the name of the Village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid sixty (60) days after it has been rendered. In any litigation instituted by the Village to collect amounts due or foreclose liens, all persons responsible for payment of delinquent bills shall be responsible for reasonable costs and attorney fees incurred by the Village in such litigation.
E. Village Treasurer: It is hereby made the duty of the Village Treasurer to render bills for service and all other charges in connection therewith and to endeavor to collect all monies due thereon.
F. Transfer Of Real Property: No transfer of real property within the corporate limits of the Village may be completed unless the Village Sewer and Water Department has been notified of the impending transfer and has given its statement of final fees and charges for water service and sanitary sewage treatment service to the property to be paid at the time of closing, or has given its written statement that there are no outstanding charges relative to the said property. In the event that property is acquired without payment made for water and/or sanitary sewage treatment service due at the time of acquisition, then the person acquiring the property shall be responsible for payment of the charges due at the time of acquisition. (Ord. 2011-28, 10-11-2011)