(A) Payment Due; Liability: All bills for water used shall be rendered bimonthly for single-family residences, and monthly for all other users, as of the first day of the month succeeding the period for which the service is billed or as soon thereafter as possible, except as otherwise provided under subsection 7-5-6(A) of this chapter, and shall be payable not later than the close of business on the fifteenth day after the date the bills are rendered. If payment of the full amount of the bill is not made within said period, then a penalty as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” of the total outstanding and unpaid amount of the bill shall be added thereto and a late payment notice will be issued. If the bill or any portion thereof remains unpaid as of the due date stated on the late payment notice, then in addition to the penalty, an additional fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” will be added to the bill. The owner of the premises, the occupant thereof and the user of the services shall be jointly and severally liable for payment of service to any premises. In the event charges for services are not paid within thirty (30) days after rendition of a bill for such service, such charges shall be and are hereby declared delinquent, and thereafter such delinquency shall constitute a lien upon the real estate for which such services are supplied. The village finance director is hereby authorized and directed to file sworn statements showing such delinquencies in the office of the recorder of deeds of DuPage County, Illinois, and the filing of such statement shall be deemed notice of and constitute perfection of a lien for such services.
(B) Nonpayment:
1. The water supply may be disconnected from any premises owned or occupied by any person liable for the payment of the water bill if the bill remains unpaid for a period of thirty (30) days after the bill is rendered and mailed.
2. When such water supply is disconnected, reconnection shall not occur until all past due water bills, including penalties thereon are paid, together with the payment of the fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” for such reconnection. Payment of past due bills resulting in disconnection may be made by tendering same to the village business office during the regular business hours of said office or by depositing same in the village hall drop box or the village police department after the regular business hours of said office. In no event and under no circumstances may any such payment be tendered in any form to any village employee, including, but not limited to, public works department employees, except those persons authorized to accept such payment.
3. As soon as practicable after the payment of past due water bills according to the procedures set forth above, the village public works department shall, during the regular operating hours of the department, take all steps necessary to reconnect the water supply to the subject premises.
4. Provided, however, the foregoing notwithstanding, if any occupant, user or owner of the premises receiving service has a bona fide dispute over the statement, charge or penalty determined or issued by the village and challenges same as hereafter provided, then services shall not be disconnected until the occupant, user or owner raising said dispute shall have a reasonable opportunity to be heard by the assistant village manager, an employee of the village hereby designated to conduct a pretermination review of the disputed statement, charge or penalty subsequent to notice to the occupant, user or owner indicating to him the amount due the village, the nature of said statement, charge or penalty and notice that his water service will be terminated in the event that said statement, charge or penalty is not paid or adjusted after having said dispute considered by said assistant village manager.
5. In any final notice or notice of disconnection to occupant, user or owner prior to termination of service, the occupant, user or owner shall be notified that if he, she or it has a bona fide dispute, said person shall have ten (10) days within which to request, in writing to the village clerk, a hearing by the assistant village manager. If no request is made, the statement shall become final and service may be thereafter terminated by the village.
6. In the event that an informal hearing is held and the assistant village manager determines that the objection to the statement, charge or penalty is not proper and that the statement, charge or penalty is correct, and in the event that the occupant, user or owner wishes to have reviewed any decision of the assistant village manager with respect to statement, charge or penalty, the amount due or any reduction or increase in the amount due, then he shall have the right to appeal to the village board of trustees for their determination and review of the decision of the assistant village manager. Any decision of the assistant village manager not appealed from within the time hereinafter set forth shall be final.
7. Any request for review of the assistant village manager's decision must be made in writing, addressed to the village president and board of trustees and must be made within ten (10) days after any adverse decision of the assistant village manager and by filing same with the village clerk, who shall place the matter on the agenda of the next regularly scheduled meeting of the corporate authorities, whereat said matter shall be considered. At said hearing, the assistant village manager shall present his reasons for his decision. The occupant, user or owner shall also be heard as to his objection to any statement, charge or penalty and the president and board of trustees shall then make their decision and the village clerk shall cause it to be delivered to the occupant, user or owner within five (5) days, by personal service or certified mail. In the event that decision upholds any disconnection, said disconnection shall take place not less than ten (10) days thereafter unless said termination is stayed by order of a court of competent jurisdiction. (Ord. 95-2684, 9-5-1995; amd. Ord. 98-2983, 5-4-1998; Ord. 2021-4921, 9-20-2021)