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(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
No water shall be resold or distributed by the recipient thereof from the town supply to any premises other than that for which application has been made and the meter installed, except in case of emergency.
(`77 Code, § 64.04) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
It shall be unlawful for any person not authorized by the town to tamper with, alter or injure any part of the town waterworks or supply system or any meter.
(`77 Code, § 64.05) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98) Penalty, see § 10.99
All service pipes from the mains to the premises served shall be installed by, and at the cost of, the owner of the property to be served or the applicant for the service. Such installation shall be under the inspection of the town.
(`77 Code, § 64.06) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
No service shall be installed unless it conforms to specifications drawn up by the Town Council and approved thereby, a copy of which specifications shall be kept on file by the Clerk-Treasurer and shall be open to inspection by any person interested.
(`77 Code, § 64.07) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. The town may in case of an emergency repair any service pipes and if this is done the cost of such repair work shall be repaid to the town by the owner of the premises serviced.
(`77 Code, § 64.08) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
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