§ 10-2-26 SEWER USER SERVICE CHARGES.
   (A)   There shall be and there are hereby established sewer user service charges for the use of and for the service supplied by the city sewerage works which shall consist of a basic user charge for operation and maintenance plus replacement, a debt service charge and a surcharge and penalties, if applicable.
   (B)   The city shall prepare annually, prior to the close of the fiscal year, an estimate of anticipated costs of operation, maintenance and replacement for the forthcoming fiscal year, specifically including direct operation and maintenance, administration, equipment replacement and depreciation costs, which estimate shall be submitted to the City Council to be considered, amended if necessary and adopted for the subsequent year by ordinance.
   (C)   The basic user charge rate shall be calculated by dividing the amount of revenue funds required to operate and maintain the sewerage works and to provide funds for equipment replacement, by the total annual water use as determined by users’ water meter readings and flat rate estimates and shall be expressed in dollars per thousand gallons water use.
   (D)   The annual debt service charge shall be calculated by dividing that portion of interest, principal and coverage of all revenue bonds outstanding allocable to the sewerage works, plus bond reserve funds required by bond ordinances of the city, by the total number of sewer users. The annual debt service charge shall then be divided by 12 to obtain the monthly debt service charge.
   (E)   Water usage shall be determined from readings taken from approved water meters and/or sewage meters for wastewater and shall assume discharge to the sewers of a wastewater having normal concentrations of 200 milligrams per liter BOD and 250 milligrams per liter suspended solids.
   (F)   A treatment service surcharge shall be levied to all sewer users whose wastewater exceeds the normal concentrations of 200 milligrams per liter of BOD and 250 milligrams per liter of suspended solids as determined by waste sampling which shall be performed as often as deemed necessary by the Superintendent and shall be binding as the basis for computing the surcharge.
   (G)   The rates to be used in the computation of the sewer user service charge shall be as follows:
      (1)   A basic user charge rate shall be $6.15 per 1,000 gallons of water used per month per user, and a flat rate charge of $4 per month per user shall be charged to fund the Capital Improvement Fund. Further, that the City Council shall establish a 2% rate increase to the basic sewer user charge at the beginning of each fiscal year beginning May 1, 2020.
      (2)   There is hereby established an increase in the wastewater treatment plant improvements fee a flat base rate at $10, with the current use rate based on a resident’s metered water usage of $3 for each 1,000 gallons of metered water usage, and the minimum rate shall be $16 and the maximum rate shall be $28.
      (3)   Then, on May 1, 2020,the wastewater treatment plant improvements fee shall increase to a flat base rate of $28 for each residential user.
      (4)   Further, that the proceeds generated by the wastewater treatment plant improvements fee rate increase created by this section shall be deposited in a reserve account designated as the wastewater treatment plant improvements account, and shall be utilized for that purpose exclusively.
      (5)   The surcharge rate for BOD shall be $0.30 per pound BOD in excess of seventeen one-hundredths pounds per 100 gallons.
      (6)   The surcharge rate for suspended solids shall be $0.32 per pound suspended solids in excess of twenty one-hundredths pounds per 100 gallons.
   (H)   The sewer user service charges for all users outside the corporate limits of the city shall include a surcharge of 100% of the sewer user service charges for users within the corporate limits of the city, except for intergovernmental sewer service agreements. The purpose of such surcharge shall be to recover capital costs of providing service which is not otherwise recoverable from unincorporated users.
   (I)   (1)   The total sewer user service charge shall be computed according to the following formula:
      C = a(WB + D + X) + P
      Where:
      C = Total sewer user service charge
      B = Basic user charge
      D = Unit debt service charge
      W = Water use
      a = Surcharge rate for unincorporated users
      X = Surcharge for excess strength
      P = Penalties
      (2)   The minimum charge shall be computed based upon and shall allow up to 2,000 gallons water use per month.
   (J)   The adequacy of the sewer user service charges shall be reviewed annually by the certified public accountants for the city in their annual audit report. The service charges shall be revised periodically to reflect changes in debt service or in operation and maintenance costs including replacement costs.
   (K)   Metered usage shall be read to the lowest even increment of 100 gallons. Sewer users who obtain any portion of their water service from other than public water supply sources shall install and maintain, at no expense to the city, water meters of a type approved by the Superintendent for the purpose of metering the water usage obtained from such other sources. Wherever required by the Superintendent, sewage metering devices shall be installed and maintained, at no expense to the city, when the volume of wastewater discharged to the public sewer cannot be otherwise determined by use of water meters. Metering devices shall not be removed without the consent of the Superintendent unless sewer use service is canceled.
   (L)   The city shall read water meters located in meter manholes, outside-reading water meters and, upon request, water meters in commercial or industrial establishments. All other metered water users shall receive a mail-in card on which the user shall record the water meter reading and return said card to the city prior to 4:30 p.m. for the fifteenth day of the month preceding the billing date. Failure to return said card properly filled out prior to the aforementioned time on the fifteenth day of the month preceding the billing date shall result in a $5 penalty assessment for the billing period, and the service charges shall be based upon an estimated water use consistent with previous usage.
   (M)   Whenever the Superintendent determines that a nonmetered sewer user is discharging more 3,000 gallons per month, the Superintendent may require such nonmetered sewer user to install metering devices on the building water supply or building sewer to measure the volume of wastewater discharged to the public sewer.
   (N)   Sewer user service charges shall be payable monthly on the first day of each month. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service on such premises and the service is furnished to the premises by the city upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefor to the city. All user charges levied under the provisions of this chapter shall become a lien upon the lands within the sewerage system service area. All bills for service shall be rendered monthly on the first day of the month and shall be payable not later than the close of business on the fifteenth day of the same month, the close of business being 4:30 p.m. on the fifteenth day of the month. If the fifteenth falls on Saturday or Sunday when the City Collector does not have office hours, then the bill for the service shall be payable not later than the close of business (4:30 p.m.) on the following Monday. If payment of the full amount of the bill is made after said period, then a penalty of 5% of the amount of the bill shall be added thereto.
   (O)   In the event the charges for service are not paid within 30 days after the date of billing for such service, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquencies shall constitute liens upon the real estate for which such service is supplied, and the City Clerk is hereby authorized and directed to file sworn statements showing such delinquencies in the office of the Recorder of Deeds of the county, and the filing of such statements shall be deemed notice for the payment of such charges for service. In the event that any user fails to pay the billed charge within 60 days after the date of billing, the city shall serve termination notice upon such user and proceed to terminate service, as provided hereinbelow.
   (P)   It is hereby declared to be a policy of the city that in the event any person or other legal entity whose residence or other building is connected to sewers which are tributary to the works of the system fails to pay the user charges as assessed under this chapter, they shall, upon due process, be disconnected. The following procedure, in the event of nonpayment of user charges, shall constitute the procedure to be utilized by the city in terminating service of such user.
      (1)   In the event that the payment of the user charge, after having been billed in accordance with this chapter, remains unpaid 60 days thereafter, the following notice shall be forwarded by registered mail, return receipt requested, certified mail or personal service to the occupants at the address of the building being served by the city:
 
NOTICE OF DELINQUENCY
You are hereby notified that the sewer user charges billed to you under date of (insert date) under the sewer user charge and industrial cost recovery regulations of the City of Mount Carroll for the building located at (insert address) have not been paid and remain delinquent. In the event that you fail to pay said user charges within 30 days hereafter, and unless you have applied for a hardship payment delay, your service will be disconnected and your building will be red-tagged as unfit for human occupancy on the forty-fifth day after date of this notice.
Dated ______________________________
City of Mount Carroll, Illinois
                                          By _________________________
            City Clerk
 
      (2)   The City Council hereby declares that it is against public policy for a building to be occupied by human inhabitants which has been red-tagged by the city after appropriate notice has been given that the building is “unfit for human occupancy”.
      (3)   In the event that such user charge remains unpaid on the thirtieth day after the posting of the aforesaid notice, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants of the building and also thumbtacked or taped to the front door of the building or housing unit within a building:
 
NOTICE OF TERMINATION
You are hereby notified that there has been no response to the “Notice of Delinquency” in the payment of the sewer user charge and the 30-day period therein stated has lapsed. You are hereby notified that on (here insert date 45 days after service of notice of delinquency) the city will physically disconnect the sewer system of your building from the lateral sewer to which it is connected and will red-tag the building located at (here insert address) as “unfit for human occupancy”.
Dated ______________________________
   City of Mount Carroll, Illinois
                                          By _________________________
            City Clerk
 
      (4)   The manner of severance and procedure for disconnection shall be determined by the city. Upon completion of said disconnection, the city shall forward to the occupant of the building by registered mail, return receipt requested, certified mail or personal service, a bill for the costs of making the disconnection, including all costs for labor and materials, and a $100 service charge for city supervision.
   (Q)   In the event of severance of service, the service may be reinstated in the following manner.
      (1)   Upon payment to the city of the full delinquency, plus penalties, plus the cost of the disconnection and the $100 city supervision fee, the city will issue a permit for reconnection of the building service line to the works of the system. Such reconnection costs, plus inspection fees in accordance with city ordinances, shall be the sole expense of the user.
      (2)   Upon reconnection and payment of all costs described hereinabove, the city through its agents, shall remove the red tag from the building and the building shall, as far as the city is concerned, be “fit for human occupancy”.
(1974 Code, § 7-5A-2) (Ord. 654, passed 7-14-1981; Ord. 1-87-7, passed 1-27-1987; Ord. 99-9-4, passed 9-28-1999; Ord. 2003-9-6, passed 9-22-2003; Ord. 2006-3-8, passed 3-28-2006; Ord. 2007-12-15, passed 12-18-2007; Ord. 2011-09-5, passed 9-13-2011; Ord. 2016-08-5, passed 8-9-2016; Ord. 2019-5-2, passed 5-14-2019; 2019-6-4, passed 6-25-2019)