(A) Water meters shall be read every four months at times as shall be determined by the Village Water Department and bills for water furnished during each four-month meter reading period preceding the date of billing shall be rendered and be due and payable within 30 days after the date of the billing.
(B) The owner of the premises, the occupant thereof and the user of the water service (collectively referred to as “consumer” for purposes of this section) shall be jointly and severally liable to pay for the charges of the village for water service to the premises. Any person responsible for the payment of any water service charges imposed by the village who shall fail to pay the charges when due shall be responsible for payment of the costs incurred by the village, including the fees and costs of any attorney and/or collection agency retained by the village for the purpose of seeking collection of the charges, whether or not suit is instituted, in addition to all other fees, charges, fines, and penalties then due and payable.
(C) If a bill for water is not paid within 30 days, it shall become delinquent and a penalty of 7%, compounded monthly, shall be added to the bill. A notice of delinquency and a second bill showing the gross amount due, including the penalty, shall be sent to the consumer by U.S. mail. If a delinquent bill remains unpaid 40 days after the date of the billing, then a water termination notice shall be sent to the consumer, which notice will direct the consumer to submit full payment within ten days. If a delinquent bill remains unpaid 50 days after the date of the billing, then the Village Manager or his or her designee shall post a yellow termination notice on the front door of the premises of the delinquent customer, which notice will direct the customer to submit full payment within ten days. If a delinquent bill remains unpaid 60 days after the date of the billing, then the Village Manager or his or her designee shall post a red termination notice on the front door of the premises of the delinquent customer, which notice will direct the customer to submit full payment within three business days. If a delinquent bill remains unpaid after the date specified in the red termination notice, then the Village Manager may direct the Director of Public Works to shut off the water supply lo the premises of the delinquent consumer. After the water supply is shut off, it will not be turned on again until the customer either (i) pays the full amount of the unpaid bill plus all penalty charges and a reconnection fee in the amount provided in the annual fee ordinance or (ii) enters into a payment plan approved by the Village Manager as provided in division (D) below.
(D) Upon receipt of a termination notice pursuant to division (C) above, a consumer may contact the Village Manager or his or her designee and request to be put on a payment plan. The Village Manager may, in his or her sole discretion, approve a payment plan with a term of not more than six months, provided that, before beginning the payment plan, the consumer pays at least 50% of the outstanding bill plus all penalty charges and the reconnection fee. If the consumer fails to make any payment when due under the payment plan, then a water termination notice shall be sent to the consumer, and the village shall follow the notice and termination procedures provided in division (C) above for bills that are 40 or more days delinquent.
(E) Each termination notice shall inform the consumer that the consumer has a right to request a hearing regarding the water billing by submitting a written appeal to the Village Manager or his or her designee within three business days after the date of the termination notice that states the basis for the appeal and requests a hearing. Within three business days after receiving such an appeal, the Village Manager will schedule a hearing and send a notice of the date, time, and location of the hearing to the consumer by U.S. mail. The notice must be mailed at least five days in advance of the hearing. If the Village Manager or his or her designee fails to schedule a hearing within three days after receiving the initial notification of appeal, the resident shall either deliver a second notification of appeal to the Office of the Village Manager, via hand-delivery or a courier service (with signature confirmation by a village employee). The hearing will be conducted by a committee of two Village Trustees appointed as hearing officers by the Village President. At the hearing, the consumer shall have the right to appear in person or through counsel and to present evidence in support of his or her appeal. The village may conduct its own investigation of the consumer’s appeal and may present evidence with respect thereto at the hearing. Within seven days after the conclusion of the hearing, the hearing officers must issue a final written order and send a copy of the order to the consumer by U.S. mail. If the order requires the consumer to pay to the village service charges, penalties, or other fees or costs, the order must specify the date by which payment is due and state that water service may be terminated if full payment is not made by that date. If the consumer fails to make full payment in accordance with the order, then the Village Manager may direct the Director of Public Works to shut off the water supply to the consumer’s premises. If the village fails to conduct a hearing and issue a written order within the timeframes prescribed by this division (E), then the appeal shall be deemed sustained.
(F) The Village Manager is authorized to develop and recommend rules and procedures for the implementation and administration of this section.
(1959 Code, § 38-9) (Ord. 545, passed 2-14-1966; Ord. 755, passed 12-11-1989; Ord. 820, passed 6-12-1995; Ord. 858, passed 6-14-1999; Ord. 1104, passed 6-17-2013; Am. Ord. 1189, passed 2-13-2017)