(A) General. If the charges for services are not paid within 30 days after the date of the bill, the services shall be discontinued without further notice and shall not be reinstated until all past due bills, including the penalties, are paid in full, together with payment of a sum as set by the Board of Trustees from time to time for discontinuation and reinstatement of service for the first time. The second time service is discontinued for non-payment, the charges shall be increased for discontinuation and reinstatement of service. The third time (and thereafter) service is discontinued for non-payment the charges shall be increased for discontinuation and reinstatement of service. The customer will continue to pay the said higher discontinuation and reinstatement fee until the customer has gone 12 months without a discontinuation for non-payment. An additional charge of a sum as set by the Board of Trustees from time to time, beyond the above-listed charges, will be assessed for reinstatement of services if an employee must be called into work after regular hours or on weekends to perform these duties. All such payments are to be by cash, money order, certified check or cashier’s check, regardless of whether the customer is paying or someone is paying the customer’s bill for him or her.
(B) Disconnection for failure to pay. In addition to the other remedies contained in this chapter, if the balance due for such service is not paid within 30 days after the mailing of the bill for such services, any and all owner(s) of record for the property to which service was rendered shall receive a copy of this chapter and a notice of intended water disconnection via U.S. mail. The customer shall have seven days from the date of such notice to request an opportunity to present his, her or its case to the Village Board as to why water service should not be disconnected. After the expiration of such seven-day period, if no request has been made, then the village may place a lien on the property and institute foreclosure proceedings as provided under certain provisions of the state’s Mortgage Foreclosure Law, 735 ILCS 5/15-1101 et seq., (hereinafter referred to as “IMFL”) or any other applicable law as may be enacted from time to time by the legislature of the state. In the event the village prevails in such mortgage foreclosure action, the owner(s) of record shall be jointly and severally liable for interest accrued on the unpaid balance in the amount of 5% per annum, and any and all costs of suit, including attorneys’ fees, court costs, appraisal fees, title insurance or abstract costs, broker fees and other reasonable expenses incurred in obtaining payment of the
balance due.
(C) Disconnection fees for unpaid sewer charges. In the event that the village must request a water shutoff from a public utility after due notice, and an opportunity to be heard is provided to a delinquent customer pursuant to this chapter and any applicable public utility contract, such delinquent customer shall be assessed a charge of $75 for the first instance of a sewer-only water shutoff. If a second shutoff is required after restoration of services, the delinquent customer shall be assessed a charge of $100 for said second shutoff. If a third shutoff is required following two service restorations, the delinquent customer shall be assessed a charge of $150 for said third shutoff. Such charges must be paid by the delinquent customer, together with full payment of the arrearage amount before water and sewer services are restored. When the arrearage amount and the shutoff charges total $500 or more, the village shall send the owner(s) of record a notice advising such owner(s) that the unpaid charges and/or rates may create a lien on the real estate pursuant to state statute and may file a notice of such lien with the Peoria County Recorder’s Office. Such notice shall consist of a sworn statement setting forth (1) a description of such real estate sufficient for the identification thereof, (2) the amount due for such services, (3) the date on which such amount became delinquent, and (4) the owner(s) of record of the premises. The village may also opt to exercise its authority to sue the occupant of the real estate in a civil action to recover the money due for sewerage services rendered, plus a reasonable attorney’s fee, to be fixed by the court.
(2010 Code, § 171.01) (Ord. 16-08-01, passed - -2016; Ord. 21-03-05, passed 3-16-2021)