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 5-4-3J of this chapter, the superintendent is authorized to adjust and compromise the amount required to satisfy the delinquent accounts described in this subsection, provided that any adjustment in excess of two thousand five hundred dollars ($2,500.00) shall be with the written concurrence of the supervisor, and shall be reported to the township board of trustees. (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)