A. Notice; Appeal:
1. Notice Of Delinquency: If any property owner or occupant fails or refuses to pay a bill for water service forty five (45) days after the original billing due date, the village treasurer, or the treasurer's designee, is hereby authorized and directed to give written notice of the delinquency ("delinquency notice") to the owner or occupant and the party or person shown on the books and records of the water department to be responsible for the payment of the bill for the relevant period. The delinquency notice shall be sent by registered or certified mail, return receipt requested.
2. Discontinuance Of Service; Request For Hearing:
a. The delinquency notice shall demand payment in full of all delinquent amounts within fifteen (15) days after the date of the notice. All payments of delinquent amounts shall be made by cash, credit card, or other certified funds. The delinquency notice shall also state that the water service to the premises in question shall be cut off automatically without further notice unless payment is made in full within the fifteen (15) day period.
b. If the customer disagrees with the delinquency notice, the customer shall notify the village treasurer within five (5) days after the date of the delinquency notice and request that the village treasurer review the disputed water bills. The village treasurer shall have the power to rectify errors or to confirm the delinquency. If confirmed in whole or in part, the water bill shall be paid within five (5) days after the date of the confirmation notice sent by the village treasurer ("confirmation notice"). The confirmation notice shall advise the customer of his or her right to appeal the decision of the village treasurer and shall be sent by registered or certified mail, return receipt requested.
c. Any customer may appeal the decision of the village treasurer by requesting a hearing before the village administrator. All requests for hearings must be in writing and made within the five (5) day period after the date of the confirmation notice. The village shall notify of the time and place for the hearing by registered or certified mail, return receipt requested.
d. All hearings shall be conducted by the village administrator who shall make written findings of fact and a written determination. The decision of the village administrator shall be sent to the customer by registered or certified mail, return receipt requested.
e. The customer shall pay all delinquent amounts within five (5) days after the date of the village administrator's written decision, or water service shall be terminated.
f. The failure of a customer to accept registered or certified mail shall not extend any of the time periods for notice or payment as provided in this subsection.
3. Appeal To Administrator: In the event of an appeal to the village administrator, no action will be taken by the village unless and until the appeal has been heard and acted upon by the village administrator.
4. Costs Of Replacement Parts: Costs of any parts that must be replaced for any reason whatsoever shall be paid by the delinquent party as a prerequisite to the restoration of water service. (Ord. 2003-16, 11-24-2003)
5. Water Turn On By Village Only: No plumber or other person shall turn on the water supply to any building or premises from which the supply has been shut off by order of the village administrator. (1988 Code § 5-1B-5-1)
B. Discontinuing Service; Reinstatement: Should any consumer fail to pay a delinquent bill after notice or decision as set forth in subsection A of this section, water service may be discontinued until all overdue amounts, penalties, and the expense of discontinuing the water service as provided for in section 8-1A-10 of this chapter shall have been paid in full, together with costs, if any, paid by the village and arising from the filing of a water lien claim, and other costs, charges, and reasonable attorney fees incurred in the enforcement of such water lien or collection of overdue amounts. (Ord. 2003-16, 11-24-2003)
C. Additional Penalty: For each thirty (30) day period or part thereof after the due date of a water bill, a penalty as set out in section 1-12-3 of this code, under the category "user charges and connection fees", shall be added to the amount due until the total amount is paid in full. This penalty shall not be proratable for a portion of a thirty (30) day period. Payment of this additional penalty shall be a condition precedent to restoration of water service to the customer. (Ord. 2003-16, 11-24-2003; amd. 2009 Code)