(A) Delinquent bills. If the charges for such services are not paid on or before the due date listed on the rendition of each bill for such services, water services shall be discontinued subject to division (D) of this section and shall not be reinstated until all claims are settled. A $25 fee shall be paid prior to reconnection.
(B) Lien notice of delinquency.
(1) Whenever a bill for water service remains unpaid for 60 days for monthly service after it has been rendered, the Village Treasurer shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the village claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.
(2) If the user whose bill is unpaid is not the owner of the premises and the Village Treasurer has notice of this, notice shall be mailed to the owner of the premises if his address be known to the Treasure, whenever such bill remains unpaid for the period of 60 days for a monthly bill after it has been rendered.
(3) The failure of the Village Treasurer to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing section.
(C) Foreclosure of lien. Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. The Village Attorney is hereby authorized and directed to institute such proceedings in the name of the village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid 60 days.
(Ord. 573, passed 10-25-89)
(D) Disconnection for late payment.
(1) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(a) That all bills are due and payable on or before the date set forth on the bill; and
(b) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(c) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complain and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.
(2) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified.
(3) (a) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid and any deposit required has been made. All requests for reinstatement shall be received by 3:00 p.m. on the day reinstatement is requested to insure that reinstatement will occur that day. An applicant for reinstatement who submits an application after 3:00 p.m. on the day reinstatement is requested shall have the option to pay all costs incurred by the village, including overtime costs paid to village employees, to obtain reinstatement that day. The village may require a deposit to insure payment.
(b) Also, all requests for either turning on water or turning off water service shall be received by 3:00 p.m. on the day service is requested to insure that service will occur that day; a $20 fee shall be paid at the time of each request. An applicant requesting that water be turned on or turned off who submits a request after 3:00 p.m. on the day that such service is requested shall have the option to pay all costs incurred by the village, including overtime costs paid to the village employees to obtain service that day. The village may require a deposit to insure payment.
(Am. Ord. 985, passed 11-5-07; Am. Ord. 1017, passed 11-3-08)