A. It is hereby declared to be the policy of the Village Board of Trustees that in the event any person or other legal entity whose residence or other building is connected to the Village water system fails to pay the water user charges or sewer user charges, water service to said person or other legal entity shall be discontinued and disconnected. (Ord. 2010-02, 1-26-2010)
B. In the event that payment of the delinquent bill(s) and fees and delinquency charges are not paid within the time provided in said notice of termination, then the Village shall have the power to physically disconnect the water service and to red tag the building. All expenses incurred by the Village as a result of this disconnection, including, but not limited to, labor costs and costs of material and equipment needed to excavate the site and effect disconnection, shall be added to the amount of the delinquency and shall be additional monies owed the Village. In addition thereto, the person or entity responsible for said payment shall incur a charge for reconnection of two hundred dollars ($200.00), plus any fees required for permits, inspection and late charges and/or delinquency charges as a consequence of said reconnection. The Village may impose a lien upon the premises, as provided by statute, for all such expenses, including recording charges, incurred as a result of said disconnection and reconnection. No reconnection shall be made without payment made of all amounts due to the Village for the property. (Ord. 2011-28, 10-11-2011)
C. The procedure to be used in discontinuing said service shall be as follows:
1. In the event the user charge, after having been billed in accordance with this chapter, remains unpaid sixty (60) days after payment is due, the following notice shall be forwarded by certified or registered mail, return receipt requested, or by personal service to the owner of the premises being served by the Village water system at the owner's address on file with the Village, or at the address of the premises, and in the case of commercial premises, also to the tenant, if known to the Village:
NOTICE OF HEARING ON DELINQUENCY
You are hereby notified that the water user charges billed to you under date of , for the building located at have not been paid and remain delinquent. A hearing is scheduled in the council chamber of the Village Hall, on the day of , 20 , at the hour of to determine if your service should be discontinued. If you fail to appear or if the hearing officer finds that you are delinquent on the above payment, your water service will be disconnected and your building red-tagged as unfit for human occupancy.
Dated this day of , 20 .
VILLAGE OF FOX LAKE
By:
Water Department
(Ord. 2010-02, 1-26-2010)
2. The Hearing Officer for such hearing shall be the Village Administrator or someone designated by the Village Administrator. (Ord. 2010-02, 1-26-2010; amd. Ord. 2017-23, 5-9-2017)
3. If the Hearing Officer determines that the water service should be discontinued, then a hearing fee of fifty dollars ($50.00) and an administration fee of twenty five dollars ($25.00) to cover certified mailing costs shall be charged to the user.
The entire fee may be waived or suspended by the Hearing Officer upon good cause having been shown. Said fee shall be added to the delinquent water bill of the user and shall constitute a part of said water bill until paid.
4. If the Hearing Officer determines that the water service should be discontinued for nonpayment of amounts due, the following notice shall be forwarded by certified or registered mail, return receipt requested, or by personal service, to the owner of the premises being served by the Village water system at the owner's address on file with the Village, or at the address of the premises, and in the case of commercial premises, also to the tenant, if known to the Village:
NOTICE OF TERMINATION
You are hereby notified that at a hearing held on the day of , 20 , the hearing officer determined that your water service should be discontinued for failure to pay your water bill, the total of which at the present time is $ . You are hereby notified that if payment of said amount is not made within 15 days after the date of mailing or personal service of this Notice, that the Village will physically disconnect the water service of your building from the Village water system, and will red-tag the building at , as unfit for human occupancy.
Dated this day of , 20 .
VILLAGE OF FOX LAKE
By:
Hearing Officer
(Ord. 2010-02, 1-26-2010)
5. In the event that payment of the delinquent bill and fees is not paid within the time provided in said notice of termination, then the Village shall have the power to physically disconnect the water service and to red tag the building. All expenses incurred by the Village as a result of this disconnection of water service, including, but not limited to, labor costs and costs of material and equipment needed to excavate the site and effect the disconnection, shall be deemed additional charges for water service owed to the Village. In addition thereto, the person or entity responsible for said payment shall incur a charge for reconnection consisting of any fees required for permits, inspection, or charges for labor, material and equipment costs for reexcavation and reconnection, and late charges and/or delinquency charges as a consequence of said reconnection in addition to the two hundred dollar ($200.00) reconnection fee. The Village may impose a lien upon the premises, as provided by statute, for all such expenses incurred as a result of said disconnection and reconnection. In addition, in the discretion of the Village, a deposit of one (1) year's estimated water usage may be required prior to reconnection. Said deposit shall not be applied by the customer to bills due after reconnection. (Ord. 2011-28, 10-11-2011)
6. The Board of Trustees hereby declares it to be against public policy for a building to be occupied by human inhabitants after it has been red tagged by the Village as being unfit for human occupancy. (Ord. 2010-02, 1-26-2010)