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(A) Except as provided in division (B) below, if a property is located within 150 feet of a town water main, the property owner must connect to the town water supply.
(B) (1) If a property located within 150 feet of a town water main uses a pre-existing, fully operational private well as its water source, the property owner may continue to use the private well without connecting to the town water supply until either:
(a) The well runs dry; or
(b) The well fails in any manner.
(2) Once the private well runs dry or fails in any manner, the property owner must connect to the town water supply if any part of the property is located within 150 feet of a town water main. If no part of the property is located within 150 feet of a town water main, the property owner may repair or have a new well dug only after receiving a validly- issued well permit from the Clerk-Treasurer’s office.
(C) Well permits shall be issued by the Clerk- Treasurer upon proof by the applicant that no part of the applicant’s property is located within 150 feet of a town water main.
(D) No connections with a water main shall be made without a permit being issued and 24 hours notice having been given to the town. All such connections shall be made and all such work done at the expense of the applicant who shall also furnish materials necessary for such work; all such connections shall be made under the supervision of the town. A connection fee shall be paid to the Clerk- Treasurer prior to the issuance of a permit to connect to a water main. The fee shall be:
Water utility connection | Fees |
1 inch service | $1,500 |
1 inch - 1 inch service | $1,650 |
2 inch service | $1,800 |
3 inch service | $1,950 |
4 inch service | $2,100 |
Multiple dwellings, units or users from the same structure (regardless of the size of the unit service line) | $1,500 per dwelling |
(`77 Code, § 64.03) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98; Am. Ord. 2007-1, passed 1-15-07; Am. Ord. 2013-9, passed 8-19-13; Am. Ord. 2014-4, passed 7-21-14)
The water supply may be shut off from any premises for which the water bill remains unpaid for a period of ten days after the disconnect notice is delivered or mailed unless the individual(s) responsible for paying the water bill submits a written request for an administrative hearing to the Clerk- Treasurer within five days after the disconnect notice was delivered or mailed. When shut off, water shall not be turned on except upon payment of the usual fee for turning on water.
(`77 Code, § 64.20) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98; Am. Ord. 2010-5, passed - - ; Am. Ord. 2013-10, passed 7-15-13)
(A) 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 Clerk-Treasurer may file with the Recorder of Porter County a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, a notice that the town claims a lien for the amount as well as for all charges for water served subsequent to the period covered by the bill.
(B) If the consumer of water whose bill is unpaid is not the owner of the premises, and the Clerk-Treasurer has notice of this, then notice shall be mailed to the owner of the premises, if his or her address is known to the Clerk-Treasurer, whenever such bills remain unpaid for a period of 60 days after it has been rendered.
(C) The failure of the Clerk-Treasurer 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 mentioned in the following section.
(`77 Code, § 64.21) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
(A) 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 in the case is the foreclosure of statutory liens. Such foreclosure shall be by suit in equity in the name of the town.
(B) The Town Attorney is authorized and directed to institute such proceedings, in the name of the town, 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.
(`77 Code, § 64.22) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
(A) It is the policy of the town to discontinue utility service to customers by reason of nonpaymentof bills only after notice and a meaningful opportunity to be heard on disputed bills. The town’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(1) That all bills are due and payable on or before the date set forth on the bill; and
(2) That if any bill is not paid by or before the twentieth of the month of the first billing, a second bill will be mailed containing a disconnect notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(3) That any customer disputing the correctness of his or her bill shall have the right to submit a written request for an administrative hearing to the Clerk-Treasurer within five days of the disconnect notice being delivered or mailed, whichever occurs first, as well as the date, time, and location of the administrative hearing should the customer submit a timely request. The administrative hearing shall be held before the Town Council President or his or her designated representative. At the hearing, the customer may be represented by counsel or by any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the Town Council President or his or her designated representative. At the conclusion of the hearing, the Town Council President or his or her designee shall have the authority, based on good cause, to affirm, modify, or reverse the order.
(B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 15 days.
(C) When it becomes necessary for the town to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $50.
(Ord. 2010-6, passed - -; Am. Ord. 2013-10, passed 7-15-13; Am. Ord. 2018-3, passed 4-16-18)
REGULATIONS AND REQUIREMENTS
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