A. Combined System Service Charges: Combined system service charges shall be the charge per quarter or month levied on all users of the combined system. The combined system service charge shall consist of a wastewater service charge for use of the wastewater facilities, water service charge for the use of the water facilities, plus a debt service charge.
The combined system charge, wastewater service charge, water service charge and debt service charge shall be set in accordance with the formulas contained in section 5-4-3 of this chapter and shall be set in amounts sufficient to produce revenues to pay the costs of operation and maintenance of the combined system, to provide an adequate depreciation reserve and to pay the debt service of the combined system, which debt service shall include the principal, interest and coverage of all outstanding bonds of the combined system.
B. Wastewater Service Charge: The wastewater service charge shall consist of the total of the basic sewer user charge and, where applicable, the capital improvement charge and a surcharge.
C. Water Service Charge: The water service charge shall consist of the total of the basic water user charge and, where applicable, the capital improvement charge. (Ord. SW-O-89-1, 8-8-1989)
D. Debt Service Charge: The debt service charge shall consist of an amount sufficient to pay the principal of an interest upon the outstanding revenue bonds, if any, as may be authorized and issued by ordinance of the town board from time to time. (Ord. SWO-96-3, 11-4-1996)
A. Sewer Users Served By Combined System Water Meters: There is hereby levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system and being served with water solely by the combined system a sewer service charge based, in part, on the quantity of water used, as measured by the water meter used upon the premises.
B. Sewer Users Served By Private Wells: If any person discharging wastewater into the public sanitary sewers procures any part or all of their water from sources other than the combined system, all or part of which is discharged into the sanitary sewers, the person shall have water meters installed, if required by the combined system, at the person’s expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are already installed, new water meters will not be required. The water meters shall be furnished by the combined system and installed under its supervision, all costs being at the expense of the person requiring the meter.
The combined system will charge for each meter a rental charge set by the combined system to compensate for the cost of furnishing and serving the meter. The rental charge shall be billed at the time the sewer service charge is billed.
C. Deduct Meters: If a user feels that a significant amount of metered water does not reach the sanitary sewer, the user may choose of one of the following options:
1. The user may request the approving authority to have such additional meters or metered services installed as are necessary to calculate the volume of water not discharged to the sanitary sewer (i.e., a “deduct” meter), or the user may request the approving authority to have a meter installed to measure the actual amount of sewage discharged to the sanitary sewer (i.e., a “sewage” meter). Requests for a second meter or metered services must be made, in writing, to the superintendent. In the event the approving authority agrees to such installations, the customer shall be charged all costs attendant thereto, including, but not limited to, a meter yoke for each meter (to be installed by a licensed plumber), meter rental (the meter shall be owned by the combined system and shall be subject to access and inspection by the Superintendent and an authorized representatives at all reasonable times) in an amount set annually by the approving authority, remote reading device(s) if necessary and labor and miscellaneous parts and supplies. No provision shall be made, nor shall any means be taken, to route water from any “deduct” meter to the customer’s general distribution system. In addition to the general penalties set forth in Chapter 1 of this Title, any violation of this subsection will result in nullification of the deduct readings and removal of the deduct water.
2. In the event it is physically impractical or impossible to install metering equipment, the user may request the approving authority to take such means as it deems necessary to formulate an estimate of the amount of water not being discharged into the sanitary sewerage system or, conversely, the amount of actual sewage discharged thereto.
Neither of the options set forth in this subsection shall be applicable or available to customers for “reasons” which are attendant to use of water for the filling of pools or watering of lawns and outdoor greenery.
D. Basis For Wastewater Service Charges: The wastewater service charge for the use of and for service supplied by the wastewater facilities of the Town shall consist of a basic user charge for operation and maintenance.
1. The basic sewer user charge shall be based on water usage as recorded by water meters and/or sewage meters for wastes having the following normal domestic concentrations:
a. A five (5) day, twenty degree Celsius (20 C) biochemical oxygen demand (BOD) of two hundred fifty milligrams per liter (250 mg/l).
b. A suspended solids (SS) content of two hundred fifty milligrams per liter (250 mg/l).
c. An ammonia nitrogen concentration of sixteen milligrams per liter (16 mg/l).
2. It shall consist of operation and maintenance costs plus replacement and shall be computed as follows:
a. Estimate wastewater volume, pounds of SS, pounds of BOD, pounds of ammonia nitrogen.
b. Estimate the number of sewer users.
c. Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund for the year, for all work categories.
d. Proportion the estimated operation, maintenance and replacement (OM&R) costs to wastewater facility categories by volume, suspended solids, BOD, ammonia nitrogen and fixed costs.
e. Compute costs per one thousand (1,000) gallons for normal sewage strength.
f. Compute surcharge costs per pound per one thousand (1,000) gallons in excess of normal sewage strength for BOD and SS.
g. Compute fixed charge by dividing the total fixed costs by the number of users.
E. Reassignment Of Sewer Users: The approving authority will reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs or other related information indicate a change of categories is necessary.
F. Disposition Of Septic Tank Sludge And Holding Tank Sewage:
1. Permit Requirements: No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewer, unless a written permit for disposal has been first obtained from the Superintendent and the MWRD. Written application for this permit shall be made to the Superintendent and shall state the name and address of the applicant, the number of its disposal units and the make, model and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee of one hundred dollars ($100.00) per calendar year. The time and place of disposal will be designated by the approving authority. The approving authority may impose such conditions as it deems necessary on any permit granted.
The approving authority may impose such conditions as it deems necessary on any permit granted.
2. Insurance Required: Any person or part disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than one hundred thousand dollars ($100,000.00) to protect any and all persons or property from injury and/or damage caused in any way or manner by any act, or the failure to act, by the person or party and any of its employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.
3. Discharges Regulated: All materials disposed of into the treatment system shall be of domestic origin, or compatible pollutants only, and the person(s) agrees that he will comply with the provisions of any and all applicable ordinances of the Town and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids or other deleterious substances into the public sewers nor allow any earth, sand or other solid material to pass into any part of the wastewater treatment facilities.
4. Nonliability Of Town: The person(s) disposing wastes agrees to indemnify and hold harmless the Town from any and all liability and claims for damages arising out of or resulting from work and labor performed.
G. Charge For Toxic Pollutants: Any person discharging toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the Town’s wastewater treatment facility shall pay for such increased costs as may be determined by the approving authority. (Ord. SWO-89-1, 8-8-1989; amd. Ord. SWO-2022-1, 2-8-2022; Ord. TO-2022-13, 9-13-2022)
A. Rate Classifications:
1. Each residential dwelling unit within an individual building containing not more than three (3) separate dwelling units shall be charged at the residential rate for water and sewer use.
2. All buildings and properties owned by a nonprofit tax-exempt organization that are exclusively used for multifamily senior housing, qualified for the Illinois Affordable Housing Tax Credit (20 ILCS 3805/7.28, as may be amended), and contain more than three (3) separate dwelling units, including each residential dwelling until within said buildings and properties, shall be charged at the residential rate for water and sewer use.
3. All buildings and properties owned and occupied by a taxing district for governmental, Municipal, library or school use shall be charged at the Municipal rate for water and sewer use.
4. All buildings and properties occupied by a charitable, religious or not for profit organization that is an exempt organization under section 501(c) of the Internal Revenue Code, and actually and exclusively used for charitable, religious or beneficent purposes, shall be charged at the Municipal rate for water and sewer use.
5. All buildings, properties and customers which are not classified within the residential or Municipal rate classifications, shall be classified as commercial customers and charged at the commercial rate for water and sewer use.
6. Each residential dwelling unit, Municipal rate customer premises and commercial rate customer premises that is verified to be vacant and unoccupied for more than ninety (90) days, or is currently suspended from water service or sewer service, shall be charged the reactivation fee as noted in F.3. of this section.
B. Residential Rate: Effective with the billing cycle commencing June 1, 2024:
1. The minimum combined water use and sewer service charge for all residential rate customers is hereby fixed and established as thirty-eight dollars and eighty-five cents ($38.85) per monthly billing period, based upon actual or estimated meter readings of water furnished to the user for the monthly billing period up to, but not exceeding, three thousand (3,000) gallons.
2. The water and sewer user charge for usage in excess of three thousand (3,000) gallons of water furnished a month shall be at the following rates:
a. Water user charge: Eleven dollars and forty-one cents ($11.41) per one thousand (1,000) gallons.
b. Sewer user charge: One dollar and fifty-four cents ($1.54) per one thousand (1,000) gallons.
C. Municipal Rate: Effective with the billing cycle commencing June 1, 2024:
1. The minimum combined water use and sewer service charge for all Municipal rate customers is hereby fixed and established as forty-four dollars and sixty-one cents ($44.61) per monthly billing period, based upon actual or estimated meter readings of water furnished to the user for the monthly billing period up to, but not exceeding, three thousand (3,000) gallons.
2. The water and sewer user charge for usage in excess of three thousand (3,000) gallons of water furnished a month shall be at the following rates:
a. Water user charge: Twelve dollars and eighty-five cents ($12.85) per one thousand (1,000) gallons.
b. Sewer user charge: Two dollars and two cents ($2.02) per one thousand (1,000) gallons.
D. Commercial Rate: Effective with the billing cycle commencing June 1, 2024:
1. The minimum combined water use and sewer service charge for all commercial rate customers is hereby fixed and established as one hundred and fifteen dollars and zero cents ($115.00) per monthly billing period, based upon actual or estimated meter readings of water furnished to the user for the monthly billing period up to, but not exceeding, three thousand (3,000) gallons.
2. The water and sewer user charge for usage in excess of three thousand (3,000) gallons of water furnished a month shall be at the following rates:
a. Water user charge: Seventeen dollars and eighty-one cents ($17.81) per one thousand (1,000) gallons.
b. Sewer user charge: Two dollars and forty cents ($2.40) per one thousand (1,000) gallons.
E. Suspended Rate: Effective with the billing cycle commencing July 15, 2020:
1. The water user charge for all residential and Municipal suspended rate customers is hereby fixed and established as twenty dollars ($20.00) per monthly billing period.
2. The water user charge for all commercial suspended rate customers is hereby fixed and established as forty dollars ($40.00) per monthly billing period.
3. The sewer user charge for residential and Municipal suspended rate customers shall be five dollars ($5.00) per month.
4. The sewer user charge for all commercial suspended rate customers shall be ten dollars ($10.00) per month.
F. Service Charges: The following charges shall be effective with the billing cycle commencing July 15, 2020, and shall be applied to all customers:
1. One hundred dollars ($100.00) for missed appointments to turn on water service. An appointment will not be considered missed if the customer calls the main number of the Township (847-455-8616) during business hours not later than one (1) full business day prior to the turn on appointment to cancel or reschedule the appointment.
2. One hundred dollars ($100.00) for missed appointments for meter inspection. An appointment will not be considered missed if the customer calls the main number of the Township (847-455-8616) during business hours not later than one (1) full business day prior to the meter inspection to cancel or reschedule the appointment.
3. The reactivation of service to the premises of a suspended rate account shall be subject to payment of the account balance associated with the premises, and a reconnection fee as follows:
a. Seven hundred fifty dollars ($750.00) for accounts with a balance due of less than five thousand dollars ($5,000.00).
b. One thousand dollars ($1,000.00) for accounts with a balance due between five thousand dollars ($5,000.00) and ten thousand dollars ($10,000.00).
c. One thousand five hundred dollars ($1,500.00) for accounts with a balance due of more than ten thousand dollars ($10,000.00).
4. The fee for replacing a missing or damaged water meter is six hundred fifty dollars ($650.00).
5. The fee for replacing a missing or damaged MTU is four hundred fifty dollars ($450.00).
6. The fee for unauthorized removal or tampering with a meter or MTU shall not be less than twenty-five dollars ($25.00) and no more than one thousand dollars ($1,000.00), plus the applicable replacement fee.
7. Water service to a residential dwelling unit, Municipal rate customer premises or commercial rate customer premises may be terminated for a period of time upon written request and payment of a five hundred dollar ($500.00) winterization fee.
G. Sanitary Sewer Service Only Rate: Effective with the billing cycle commencing June 1, 2024, the minimum sewer service charge is hereby fixed and established as three hundred eighty-eight dollars and zero cents ($388.00) per monthly billing period for all Municipal and commercial rate customers who only receive sanitary sewer service.
H. Senior Freeze Minimum Monthly Rate: Effective with the billing cycle commencing June 1, 2024:
1. The minimum combined water use and sewer service charge for all residential rate customers receiving a senior freeze exemption on their second installment residential Real Estate Tax bill is hereby fixed and established as twenty-nine dollars and forty-six cents ($29.46) per monthly billing period, based upon actual or estimated meter reading of water furnished to the user for the monthly billing period up to, but not exceeding, three thousand (3,000) gallons.
2. Application for the senior freeze minimum monthly rate is required annually for the rate applied each January 1 through December 31. The senior freeze minimum monthly rate application period for each year starts on each December 15 of the prior year and closes on January 31 of the next year (e.g., December 15, 2022 through January 31, 2023).
3. Transfer of owner interest at any time will immediately move the monthly minimum rate to the rate established in subsection B.1. of this section.
I. Connection Fees: The charge for each initial connection to the combined system shall be based upon the diameter of the pipe furnishing water service, as follows:
1 inch diameter | $1,500.00 |
1 1/2 inch diameter | $2,500.00 |
2 inch diameter | $4,000.00 |
3 inch diameter | $5,000.00 |
4 inch diameter | $7,500.00 |
6 inch diameter | $10,500.00 |
8 inch diameter | $14,000.00 |
J. Additional Connection And Disconnection Fees:
1. Additional Connection Fees: The charge for each connection after the initial connection to the combined system shall be the cost incurred by the Superintendent in making such connection.
2. Disconnection Fees: The cost of building sewer and water service line disconnections from the combined system performed by the Township shall be as follows:
Residential building sewer and/or water service line | $2,500.00 |
Commercial building sewers and/or water service lines | $5,000.00, or time and material cost plus $500.00, whichever is greater |
Fire suppression systems | $5,000.00, or time and material cost plus $500.00, whichever is greater |
When contracted by Township | Contractor fee plus 10% |
K. Estimated Charges; Interest On Unpaid Bills:
1. In cases where it shall be found that a water or sewer meter has registered incorrectly or has stopped as a result of malfunctioning equipment, the charges and payments for sewer and water services shall be made on an estimate prepared by the Superintendent based upon the average of four (4) preceding readings of such meter, excluding excessive or obviously substantial deficient readings. Where such meter has been installed for less than one (1) year or where less than four (4) competent readings exist, such estimate may be based upon a lesser number of the four (4) preceding readings of such meter prior to such incorrect or stopped registration. Where such readings shall be found excessive or substantially deficient, the Superintendent is authorized to establish a billing which shall be due and payable when billed. The Superintendent may also include a reasonable charge for interest on unpaid sewer and water charges at a rate not to exceed one and five-tenths percent (1.5%) per month.
2. Estimated Charges; Interest On Unpaid Bills: In cases where it shall be found that a water or sewer meter has been tampered with or where any instrument, device or apparatus has been installed that causes diversion, interference, or inaccurate measurement of utility services, the charges and payments for sewer and water services shall be made on an estimate prepared by the Superintendent based upon the average of four (4) preceding readings of such meter, excluding excessive or obviously substantial deficient readings. Where such meter has been installed for less than one (1) year where less than four (4) competent readings exist, such estimate may be based upon a lesser number of the four (4) preceding readings of such meter prior to such tampering. Where such readings shall be found excessive or substantially deficient, the Superintendent is authorized to establish a billing which shall be due and payable when billed. The Superintendent may also include a reasonable charge for interest on unpaid sewer and water charges at a rate not to exceed five percent (5%) per month.
L. Adjustments: No Town employee is authorized to adjust bills for sewer and water service from that required by application of the appropriate charges to actual meter readings, except as may be authorized in writing by the Superintendent. The Superintendent may, in writing, authorize adjustments to a user's bill, if the Superintendent determines that the actual meter readings are excessive, the appropriate charges were not correctly applied to actual meter readings, or the adjustments are otherwise appropriate in the Superintendent's judgment.
M. Water Surcharge; Exclusive Service Violations: In cases where it shall be found that a user of the combined system is taking water service from another utility system or source in violation of subsection 5-1-5 A. of this title, a surcharge shall be imposed and charged to the user on all estimated quantities of water that such user receives or previously received from such other utility or source at the water user charge rate set forth in subsection B.1. of this section.
N. Changes In Status Of Not For Profit Customers:
1. All not for profit organizations that desire to be charged for sewer and water service at the municipal rate provided in this section shall submit a written application and any supporting material required by the township to establish to the satisfaction of the township that: a) the buildings or properties occupied by the applicant are actually and exclusively used for charitable, religious or beneficent purposes, and b) that the applicant is a qualified organization under section 501(c) of the internal revenue code.
2. All buildings, properties and customers that are classified as not for profit organizations and uses and that are charged at the municipal rate shall be reclassified as commercial customers and charged at the commercial rate for water and sewer use at such time as:
a. The customer loses its 501(c) status;
b. The building or property is no longer used exclusively for charitable, religious or beneficent purposes; or
c. The organization is unable to establish to the satisfaction of the township that it is entitled to be charged at the municipal rate for water and sewer use as provided under subsection A3 of this section.
3. Any organization that has applied and received the municipal rate for water and sewer use as a not for profit organization under this section shall notify the township supervisor in writing within five (5) business days of any change in its status under section 501(c) of the internal revenue code, of any change in its use or occupancy of a building or property that is receiving water charged at the municipal rate, or of any other circumstance or event that disqualifies the organization from receiving sewer and water service from the township at the municipal rate provided in subsection A3 of this section.
4. Failure of a water customer to give written notice to the township as required under subsection N3 of this section is a violation of this section which shall result in an enforcement surcharge of two hundred fifty dollars ($250.00) being added to the customer's current account, in addition to any other fees or charges that may be due from the customer. An adjusted water bill shall be issued to the customer charging the customer the difference between the commercial rate and the municipal rate for customer's water and sewer use for the period of time that the customer was not eligible to be charged at the municipal rate for water and sewer use, together with interest at the rate of one and one-half percent (1.5%) for each month, or part of a month, that the customer was disqualified from receiving sewer and water service at the municipal rate.
(Ord. SWO-2012-3, 3-13-2012; amd. Ord. SWO-2012-4, 4-10-2012; Ord. SWO-2012-5, 12-4-2012; Ord. SWO-2014-1, 2-11-2014; Ord. SWO-2014-3, 3-11-2014; Ord. SWO-2014-7, 12-2-2014; Ord. SWO-2015-1, 1-13-2015; Ord. SWO-2015-4, 12-1-2015; Ord. SWO-2016-3, 9-13-2016; Ord. SWO-2017-2, 5-9-2017; Ord. SWO-2018-4, 5-8-2018; Ord. SWO-2019-3, 7-9-2019; Ord. SWO-2020-2, 7-7-2020; Ord. SWO-2022-1, 2-8-2022; Ord. SWO-2022-3, 6-14-2022; Ord. TO-2022-13, 9-13-2022; Ord. SWO-2023-3, 11-14-2023; Ord. SWO-2024-6, 6-11-2024; Ord. SWO-2024-9, 10-8-2024)
A. Billing Period: The superintendent shall bill users for sewer and water service on a monthly basis, said charges to be based on the amount registered by the user's water meter for the billing period, or an estimate of the amount of water provided to the customer's premises when the user's water meter has not been read.
B. Access To Meters; Reading Meters: The superintendent shall cause all water meters of users to be read at least once every three (3) months. It is the duty of all customers of the combined system and of all persons, firms or entities having an ownership or occupancy interest in customer's premises receiving the benefit of sewer and water service, including their agents, trustees, receivers, successors, grantees, assigns and representatives, to provide prompt and efficient access to the user's water meter. In the case of water meters that are in locations that are not accessible to the superintendent, it is the customer's duty to provide keys to permit access to the water meter by the town's meter readers, or to be present to provide prompt access to the water meter upon request by the town's meter readers. Failure to provide prompt and efficient access to the user's water meter is cause for termination of sewer and water utility service from the combined system. Repeated failure to provide prompt access to the user's water meter is cause for the Superintendent to relocate the water meter, or to provide one or more additional water meters, at locations on or about the customer's premises that are accessible to the Superintendent, the cost of which shall be an additional charge to the user.
C. Bill For Sewer And Water Service: Charges for sewer and water service shall be paid at the Town Hall within fifteen (15) days after the billing date on the user's bill. All other charges shall be due and payable when billed.
D. Combined Bills For Sewer And Water Service And For Garbage Collection And Disposal Service: Charges for garbage collection and disposal services provided and made available to owners of any single-family, duplex and two-family apartment buildings in the Leyden Township Special Refuse Collection and Disposal District, and any charges for the abatement of a nuisance as provided in section 3-4-10 of this Code, shall be added to and collected as part of the sewer and water bill issued for such property and shall be paid at the Town Hall within fifteen (15) days after the billing date on the user's bill.
E. Late Charges: A late charge amount equal to five percent (5%) of the bill shall be added and charged on any bill for sewer and water service, on any combined bill for sewer and water service and for garbage collection and disposal service, and on any bill for abatement of a nuisance as provided in section 3-4-10 of this Code, that remains unpaid for more than fifteen (15) days after the billing due date. An additional five percent (5%) monthly late fee shall be added and charged for each subsequent month or part thereof that such bill remains unpaid. Any partial payments of a delinquent bill shall first be applied to late charges and penalties, and then to the principal amount of the charges. If applicable, late charges shall include the cost of recording liens against the customer's premises. Change of ownership or occupancy of customer's premises shall not be cause for reducing or eliminating these penalties.
F. Disconnection of Utility Service For Failure To Pay Bill: Any user who has not paid the charges billed for sewer and water service, for garbage and disposal service as provided in Section 3-4-11 of this Code, for nuisance abatement as provided in Section 3-4-10 of this Code, or any penalties for violations of Chapters 1 and 3 of Article 4 of this Code ("Public Ways and Property"), within thirty (30) days of the date of the issuance of the bill for such services or penalties may have the user's utility service cut off by the Superintendent in accordance with the procedures set forth in this title.
G. The charges billed by the Town for sewer and water service, for garbage and disposal service as provided in Section 3-4-11 of this Code, for nuisance abatement as provided in Section 3-4-10 of this Code, or any penalties for violations of Chapters 1 and 3 of Article 4 of this Code ("Public Ways and Property"), shall be a debt to the Town. All persons, firms or entities having an ownership or occupancy interest in premises receiving the benefit of sewer and water service, including their agents, trustees, receivers, successors, grantees, assigns and representatives, are jointly and severally responsible for the payment of all charges billed to the user and due the Town.
H. Lien For Charges: Charges for services that are not paid within fifteen (15) days after they are due shall be deemed delinquent. Charges that are not paid within thirty (30) days after they are due shall be a lien against the real estate being served and shall be subject to enforcement and collection as provided by law. Change of ownership or occupancy of customer's premises shall not be cause for reducing or eliminating charges for sewer and water service or for garbage collection and disposal services.
I. Notice Of Delinquency: At least five (5) working days before any action is taken to enforce the lien or collect the debt for delinquent charges, the Superintendent shall send or deliver a written notice of delinquency to owner or occupant of the premises upon or for which service was supplied, which notice shall state the amount of delinquent charges. Failure to provide or receive such notice, however, shall not affect the validity of the debt or any judgment secured or lien filed to collect the debt.
J. Enforcement Of Lien: The lien for delinquent charges may be enforced in the manner set forth below and in any other manner authorized by statute.
1. Notice of the lien shall be filed in the Office of the Recorder of Deeds of Cook County (or in the Office of the Registrar of Titles of Cook County if the property affected is registered under the torrens system). The notice of lien shall be verified by the affidavit of the Superintendent or any subordinate of the Superintendent familiar with the facts and shall consist of a statement setting forth the following:
a. A description of the premises or real estate sufficient for identification thereof upon or for which the services underlying the charges were supplied;
b. The amount or amounts of money due for the services supplied; and
c. The date or dates when such amount or amounts became delinquent.
2. Upon the filing of the notice of lien, the town may foreclose the lien in like manner and in like effect as the foreclosure of mortgages on real estate.
K. Sale Of Property:
1. It is the obligation of real estate purchasers to establish credit and a sewer and water account in their name upon the purchase of real estate or customer's premises served by the combined system, and to ensure that charges for sewer and water service provided to the premises, or for garbage collection and disposal service provided to the premises, have been paid prior to the transfer of legal or beneficial title or interest in the property or customer's premises.
2. It is the responsibility of the real estate seller, and the customer if different than the real estate seller, to pay all charges due for sewer and water service provided to the premises and for garbage collection and disposal service provided to the premises, and to close the sewer and water account prior to the transfer of legal or beneficial title or interest in the property or customer's premises. Payoff statements will be provided upon request.
3. Failure of a real estate purchaser to establish credit and a new sewer and water account within thirty (30) days of transfer of legal or beneficial title or interest in the customer premises will result in a default account transfer charge of one hundred dollars ($100.00) for failure to timely establish a new sewer and water account with responsibility for sewer and water service to the customer premises.
L. Security Deposit:
1. The town reserves the right at any time to require a new or existing customer to provide a credit reference. As a condition to continuing sewer and water service to a customer, or reinstating sewer and water service that has been disconnected as provided in this title, the superintendent may require a deposit to secure full and timely payment of the customer's account if an account is delinquent, paid with a bad check, or if the customer otherwise fails to establish or maintain good credit with the town.
2. Landlords shall be required to establish and maintain a security deposit to secure full and timely payment of the customer's account if an account is held in the name of a tenant.
M. Action To Collect Debt: The town may file an action in the circuit court of Cook County to recover money due for services from the combined system, for garbage collection and disposal service provided to the premises, or for nuisance abatement as provided in section 3-4-10 of this code, plus a reasonable attorney fee to be fixed by the court. A judgment entered in such a civil action operates as a release and waiver of the lien upon the real estate for the amount of judgment.
N. Release Of Lien: Any lien, claim for lien or suit to foreclose the lien shall be released, discharged or dismissed upon payment of the charges, court costs, recording fees, and all other expenditures made or incurred by the town in perfecting and enforcing its lien.
O. NSF Charges; Payment With Good Funds: If a check, draft or other instrument is tendered to the town in payment of a bill for sewer and water service, and such check, draft or other instrument is not honored upon presentment for payment, a charge of twenty five dollars ($25.00) shall be added to the customer's charges for sewer and water service. Following disconnection of sewer and water service, or payment of a bill for sewer and water service with a bad or NSF check, draft or instrument, the superintendent may require the customer to pay all outstanding and future charges with a certified check, bank check, cashier's check, U.S. post office money order, or cash.
P. Charges For Reinstating Service: Any user who has not timely paid the charges billed for services under this section, and who has had utility service to the user's property cut off as a result of such nonpayment, shall make an appointment with the Superintendent to reinstate utility service upon payment of all such charges. The charge for reinstating sewer and water utility service shall be fifty dollars ($50.00) per service.
Q. Accounting Directive: The corporate authorities of Leyden Township have determined that the compounding of user charges, penalties and delinquent charges imposed on vacant properties pursuant to this code during the severe economic downturn of recent years has resulted in unanticipated large delinquent accounts due to the township, which delinquencies may adversely affect the marketability of such vacant parcels, and which may in turn adversely affect the value of neighboring properties. Having further determined that large uncollectible delinquencies distort the financial reporting of the combined system, the board of trustees do hereby authorize and direct the superintendent and treasurer of the combined system to reduce and mark down the delinquent account balances of properties served by the combined system as follows:
1. All residential and municipal rate customer accounts with a delinquent account balance in excess of sixty five thousand dollars ($65,000.00) as of the end of the billing period terminating on or before April 30, 2019, and which: a) have been vacant and unoccupied for more than six (6) months; b) are not consuming any water as determined by the most recent meter reading, shall be reduced and restated as having an outstanding account balance of fifty thousand dollars ($50,000.00) as of May 1, 2019.
2. All commercial rate customer accounts with a delinquent account balance in excess of sixty five thousand dollars ($65,000.00) as of the end of the billing period terminating on or before April 30, 2019, and which:
a. Have been vacant and unoccupied for more than six (6) months;
b. Are not consuming any water as determined by the most recent meter reading, shall be reduced and restated as having an outstanding account balance of fifty thousand dollars ($50,000.00) as of May 1, 2019.
Notwithstanding subsection 5-4-3 J. of this chapter, the superintendent is authorized to adjust and compromise the amount required to satisfy the delinquent accounts described in this subsection.
(Ord. SWO-2001-2, 9-18-2001; amd. Ord. SWO-2009-3, 5-4-2009; Ord. SWO-2012-5, 12-4-2012; Ord. SWO-2013-3, 4-16-2013; Ord. SWO-2014-10, 12-2-2014; Ord. SWO-2014-11, 12-2-2014; Ord. 2019-2, 5-14-2019; Ord. SWO-2020-2, 7-7-2020; Ord. SWO-2022-1, 2-8-2022; Ord. TO-2022-13, 9-13-2022; Ord. SWO-2024-5, 5-14-2024)
The superintendent is authorized to accept payments of the service charges due from customers under the provisions of this chapter, including garbage collection and disposal charges, by accepting credit card payments as provided herein.
A. The superintendent is authorized to enter into agreements with one or more financial institutions or other service providers to facilitate the acceptance and processing of credit card payments for the satisfaction of service charges under this chapter. Such agreements may include a discount fee to cover the costs, fees, assessments or surcharges imposed by the service provider.
B. A convenience fee may be imposed upon the customer making payment by credit card in an amount not to exceed the discount or processing fee incurred by the township by its acceptance of the customer's credit card payments.
C. Subject to regulations established by the superintendent, a customer may pay all outstanding bills for sewer and water service, including any fees, penalties and interest that may be due, and any convenience fee imposed upon credit card payments, by charging such amount to a credit card accepted by the township or by the financial institution or other service provider contracted by the township to facilitate the acceptance and processing of credit card payments. (Ord. SWO-2002-2, 2-12-2002)