(A) Bills and payment. All property upon which any building has been or may hereafter be erected having a connection with any mains or pipes which may be hereafter constructed and used in connection with the village water and sewer systems shall pay monthly rates as are from time to time regularly adopted by the Village Board.
(1) Notices and late fees.
(a) First notice. A notice stating the amount due will be sent to each user on or before the first business day of each month. The amount indicated is due on the twenty-first day of the month. If the twenty-first day of the month falls on a Saturday, Sunday, or state or federal holiday, the amount shall be due on the first following business day.
(b) Second (late) notice. If the amount due is not paid on or before the twenty-first day of the month, a second notice will be sent to the user, and a late fee of 10% of the total amount owed will be added to the amount due.
(2) Payment plans and fee waivers.
(a) If a user has not had a fee waived or entered a water bill payment plan within the previous 24 months, and the total amount he or she owes is less than $100, the user may contact the Utility Billing Manager in writing to request a fee waiver and/or payment plan. The Utility Billing Manager is authorized to grant or deny fee waivers and enter water bill payment plans for less than $100 where the user has not had a fee waived or entered a water bill payment plan within the previous 24 months. A user may appeal the Utility Billing Manager’s decision to the Finance Director by a letter to the Finance Director stating his or her reasons for appeal. The Finance Director may waive up to a one month period’s late fees. A user may appeal the Finance Director’s decision to the Village Administrator by letter to the Village Administrator stating his or her reasons for appeal. A user may appeal the Village Administrator’s decision to the Village Board of Trustees by a letter to the Village President stating his or her reasons for appeal. The decision of the Village Board of Trustees shall be final.
(b) If a user has had a fee waived or entered a water bill payment plan within the previous 24 months, and the total amount he or she owes is $100 or greater, he or she may contact the Finance Director in writing to request a fee waiver and/or payment plan. The Finance Director is authorized to grant or deny fee waivers and enter water bill payment plans. The Finance Director may waive up to a one month period’s late fees. A user may appeal the Finance Director’s decision to the Village Administrator by letter to the Village Administrator stating his or her reasons for appeal. A user may appeal the Village Administrator’s decision to the Village Board of Trustees by a letter to the Village President stating his or her reasons for appeal. The decision of the Village Board of Trustees shall be final.
(c) Water bill payment plans. All water bill payment plans shall be written and shall be signed by the user. An interest rate of 1.5% a month may apply to amounts discharged by water bill payment plan, at the discretion of the Utility Billing Manager or the Finance Director. The village will not shut off the water of a user who has a written water bill payment plan, unless that user breaches the water bill payment plan.
(B) Non-payment of bills.
(1) Shut-off notice. If the full amount owed by a user is not paid within 14 business days after a second (late) notice is sent, the user will be sent a shut-off notice, via a trackable mailing through the United States Postal or similar service. The owner of record of the property served, if different than the user, will be sent a copy of the shut-off notice.
(a) A $40 delinquency fee will be applied to that user’s account.
(b) The notice will state the amount owed, and inform the user that his or her water will be shut off if payment in full is not received within five business days.
(c) The notice will provide that the user may contact the Village Administrator to request a waiver of one month of late fees and/or request a water bill payment plan agreement, and that the user may appeal the Village Administrator’s decision to grant or deny such request to the Village Board of Trustees. Appeals must be made in writing to the Village President.
(2) Water service may be disconnected the fifth business day after a shut-off notice is sent if payment of the amount owed and delinquent is not received or for other good cause necessitating disconnection. Service may not be resumed until all past-due charges and a turn-on fee is paid. Turn-on fees are as follows: If the water is turned on between 7:30 a.m. and 2:45 p.m., the fee is $75. If the water is turned on between 2:46 p.m. and 7:29 a.m., the fee is $150. In no case shall water service be restored unless the turn-on fee is paid and 100% of the balance owed is received. Turn-on fees and past due payments may be made in cash, cashier’s check, or credit card only; no personal or business checks will be accepted.
(3) No person owing a past-due bill and moving to other premises within the village shall be supplied with water until the past-due charges are paid in full.
(C) Liens and foreclosure.
(1) Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water service remains unpaid 60 days after it has been rendered, the Village Clerk may file with the County Recorder 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 village claims a lien for this amount as well as for all charges for water served subsequent to the period covered by the bill.
(2) If the consumer of water whose bill is unpaid is not the owner of the premises and the Clerk has notice of this, then notice shall be mailed to the owner of the premises, if the owner’s address is known to the Clerk, whenever such bills remain unpaid for a period of 60 days after it has been rendered.
(3) The failure of the Clerk to record such lien claim 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 water bills as is mentioned in division (C)(4) below.
(4) Property subject to a lien for unpaid water charges shall be sold for nonpayment 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.
(5) The Village Attorney is hereby authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matters, against any property for which water bill has remained unpaid 60 days after it has been rendered.
(D) Civil actions.
(1) The owner of the premises, the occupant thereof, and the user of the water and/or sewer service 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 therefor to the village.
(2) In the alternative, the village may, at its discretion, file suit to collect such amounts as are delinquent and due against the property owner, the real estate, the user, or any combination thereof in a civil action and shall collect as well all attorney fees incurred by the village in such suit, the same to be fixed by order of the court.
(Ord. 695, passed 5-22-90; Am. Ord. 1553-10, passed 12-21-10; Am. Ord. 1805-16, passed 6-7-16; Am. Ord. 1937-20, passed 7-7-20; Am. Ord. 2002-21, passed 12-21-21) Penalty, see § 54.99