(A) Customer Accepts Service. The rates, rules and regulations contained in this Chapter shall constitute and be considered a part of the contract with every person, company or corporation who is supplied with water and sewer services from the waterworks and sewer system and every person, company or corporation, hereinafter called a “customer” who accepts and uses Village water and sewer services shall be held to have consented to be bound thereby.
(B) Not Liable for Interrupted Service. The Department shall endeavor at all times to provide a regular and uninterrupted supply of service, however, in case the supply of service shall be interrupted or irregular or defective or fail from causes beyond its control or through ordinary negligence of employees, servants or agents, the Departments shall not be liable therefor.
(C) Using Services Without Paying. Any person using utility services from the Village without paying therefor, or who shall be found guilty of breaking the seal of any meter or appurtenances, or bypassing any meter, shall be guilty of violating this Code, and upon conviction, shall be fined a sum as provided in Section 1-1-20 of the Revised Code.
(D) Destroying Property. Any person found guilty of defacing, tampering, injuring or destroying, or in any manner, limiting the use or availability of any meter or any property of the waterworks system and sewer system, or erecting signs on the property of the Department without permission shall, upon conviction of such act, be fined as provided in Section 1-1-20 of the Revised Code.
(E) Service Obtained By Fraud. All contracts for water and sewer services shall be made in the name of the head of the household, firm or corporation using the established spelling of that person's or firm's name. Attempts to obtain service by the use of other names, different spellings or by substituting other persons or firms shall be considered a subterfuge and service shall be denied. If service has been discontinued because of nonpayment of bills, or any unpaid obligation and service has again been obtained through subterfuge, misrepresentation or fraud, that service shall be promptly disconnected and the whole or such part of the deposit as may be necessary to satisfy the unpaid obligation shall be retained by the Village and credited to the appropriate account.
(F) Failure to Receive Bill. Failure to receive a bill shall not excuse a customer from his obligation to pay within the time specified. Should the Department be unable to bill a customer for services used during any month, the following billing shall include the charges for services used during the unbilled month.
(G) Request to Discontinue Service. Services shall have been deemed to have been supplied to any property connected to the Water and Sewer Systems during a month unless the customer notifies the Village prior to the first day of the new billing month in which the services are to be discontinued.
(H) Billing; Utility Shut-off; Hearing.
(1) All bills for utility services shall be due and payable upon presentation and if a bill is not paid within twenty (20) days, a penalty equal to ten percent (10%) of the amount due on said bill shall be added thereto. This penalty shall be in addition to the charges heretofore established for the utility services.
(2) Any customer who fails to pay the utility bills within thirty (30) days of presentation shall have the utility services disconnected after a written notice by the Clerk has been mailed by first-class mail to the customer, affording the customer an opportunity for a hearing. The aforesaid notice shall be mailed to the customer twenty-one (21) days after billing, specifically advising the customer of the following:
(a) Name and address of the customer and amount due for services including late penalties.
(b) The date, time, and location of the hearing to be held.
(c) That the customer has a right to be heard and to present evidence in his behalf if he does not agree with the bill.
(d) That if the customer fails to appear at the hearing, the consumer's utility service shall be terminated without further proceedings.
(e) The date of termination.
[See Memphis Light, Gas & Water v. Craft 98 S.Ct 1554 (1978)]
(3) The time, date and location of the hearing shall be determined by the Mayor, the Superintendent or the Treasurer. One of these officials shall preside over the hearing and shall make a final determination as to the rights of the consumer and the Village based on the information received at the hearing. (See Appendix #6)
(4) The customer shall be notified within three (3) working days of the decision rendered by the hearing officer. If the service is to be discontinued, a date and time will be set out in the notice to terminate the service or services of the customer. Notice of the hearing officer's decision shall be made by first-class mail.
(5) If the hearing officer decides in favor of the Village, the Village shall have the right to discontinue the customer's utility services. Should the customer fail to appear at the hearing, or should the notice be returned non-accepted, then the Village shall also have the right to terminate the customer's utility services without further proceedings.
(6) If the customer who has been notified for nonpayment of utility bills is not the owner of record, then the Village shall notify the owner of the property by first-class mail.
(7) Once utility services have been disconnected the same shall not be again connected or used until all delinquent accounts and bills of service are paid in full, including a fee of Twenty-Five Dollars ($25.00) for each connection of such utility services, plus expenses incurred in the reconnecting of the utility services.
(I) Lien Notice. Whenever a bill for utility services remains unpaid for sixty (60) days after it has been rendered, the Treasurer shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the municipality claims a lien for this amount to the period covered by the bill.
If the consumer of utility services whose bill is unpaid is not the owner of the premises and the Treasurer has notice of this, then notice shall be mailed to the owner of the premises if his address is known to the Treasurer whenever such bill remains unpaid for a period of thirty (30) days after it has been rendered.
The failure of the Treasurer to record such lien or to mail such notice, or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid utility bills as mentioned herein. (See 65 ILCS 5/11-139-8)
(J) Foreclosure of Lien. Property subject to a lien for unpaid utility charges may be sold for non-payment of the same, and the proceeds of such 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 Attorney is hereby authorized to institute such proceedings in the name of the Village in any Court having jurisdiction over such matters against any property for which the bill for utility services has remained unpaid ninety (90) days after it has been rendered. (See 65 ILCS 5/11-139- 8)