(A) Fines. Any person or user who violates any provision or section of this chapter shall be subject to a fine as authorized by the Lake County Administrative Adjudication Ordinance, the Rate Ordinance, or by statute of the State of Illinois. Each violation of a separate provision or section of this chapter shall be a separate offense and subject to a separate fine. Each day that a violation exists or continues shall be considered a separate offense. Any fine or fines for these separate offenses shall be assessed in accordance with applicable ordinances or state statute.
(B) Administrative adjudication.
(1) Enforcement Officer. All sections of this chapter may be enforced by the Director, Director of the Lake County Planning, Building and Development Department, or the designee of either of the above.
(2) Warning of ordinance violation. The Enforcement Officer, as defined in division (B)(1) above shall have the authority to issue a warning of ordinance violation when an individual has been found to be in violation of any provision of this chapter. The warning shall, at a minimum, identify the violation for which it is being issued, shall include the address in which the violation has occurred, shall require the violator to cease the violation(s) or take such action required to abate the violation(s) within a reasonable time for the performance of any act it requires, and shall state that a notice of ordinance violation may be issued if the warning is not adhered to as specified.
(3) Notice of ordinance violation. If an individual has previously been issued a warning of ordinance violation and the individual fails to abate the violation by the date specified in the warning, the Enforcement Officer shall have authority to issue a notice of ordinance violation. If administrative adjudication is found to be the appropriate remedy to resolve the violation, the notice must be served in accordance with and shall contain all information specified and required in the Lake County Administrative Adjudication Ordinance. Prior to the hearing date documented on the notice of ordinance violation, the respondent may elect to abate or cease the violation for which the notice of ordinance violation was issued, pay the fine listed on the notice of ordinance violation, and not participate in the hearing.
(C) Injunctive relief. The Director may also take any other available legal action necessary to prevent or to remedy any violation, including seeking injunctive relief or pursuing the disconnection of water service as specified in division (D) below.
(D) Water service disconnection.
(1) (a) The Director shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises for either (i) nonpayment of permit fees, water service charges, or any other costs or expenses that a customer is obligated to pay under this chapter but has failed or refused to pay, or (ii) nonpayment of fees, charges, or other costs or expenses that a customer is obligated to pay under the Sewer Use Ordinance (Chapter 53) or any applicable agreement that the county has entered into relating to sanitary sewerage services. Prior to disconnection the county will mail three notices to the service address on file and the customer may contact the Director to settle the outstanding balance or make payment arrangements to avoid service disconnection. The third and final notice shall state "No further notices will be sent to you prior to disconnection."
(b) Except as otherwise expressly provided in this chapter, any property found to be in violation of this chapter or the County's Sewer Use Ordinance (Chapter 53) for reasons other than nonpayment shall be subject to discontinuation of water service in the event such violation is not corrected within 48 hours after written notice identifying the violative conditions.
(c) Water service to such premises shall not be restored until the consumer has corrected deficiencies in conformance with this chapter and to the satisfaction of the Director, and all fees are paid.
(2) In cases where, in the Director's judgment, a health hazard exists or such disconnection is necessary to protect the public health, welfare and safety no prior notice shall be required. This may include that a backflow prevention device required by these regulations is not installed, tested, maintained, inspected and repaired in a manner acceptable to the Director, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off required by these regulations is not installed and maintained in working order.
(3) For any premises where water service has been disconnected, water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this chapter and to the satisfaction of the Director, and all required fees are paid.
(4) Neither Lake County nor or its employees, agents or designees shall be liable to any customers of the county public water supply system for any injury, damages or lost revenues which may result from termination of the customer's water supply in accordance with the terms of this chapter, whether or not the termination of the water supply was with or without notice.
(5) Where violations of this chapter result in impacts to the public water supply (including, but not limited to, the contamination of the public water supply system through an illegal cross-connection or an improperly installed, maintained or repaired backflow prevention device, or a device which has been bypassed), the consumer responsible for the impact shall bear the cost to repair and/or clean-up the Water Facilities.
(6) It shall be unlawful for any person to reconnect or turn on any water service which has been disconnected by the county without written approval of the Director. Any person found guilty of violating this section may be fined in accordance with division (A) above. In addition, when the county is notified that water service has been unlawfully reconnected, the county shall have the power to immediately disconnect such service without notice.
(7) All costs incurred by the county in disconnecting water service may be borne by and be the responsibility of the owner of the property served. All such costs shall be paid to the county before service is restored to the property.
(8) Disconnection. A customer whose service has been disconnected can have that service restored on the same day, provided that all outstanding fees are paid and reconnection can be performed before 5:00 p.m.
(9) Service suspension. A minimum bill (2,000 gallons/month) will be charged for services that have been temporarily suspended. If turn-on/turn-off service is requested by the property owner, a fee will be assessed per the county's Rate Ordinance.
(E) Liability. Any person violating any of the provisions of this chapter, in addition to the fine provided shall become liable to the county for any expense, loss or damage occasioned by the county by reason of such violations, whether the same was caused before the notice.
(Ord. 19-1394, passed 9-10-2019)