1046.41  FIRE HYDRANTS.
   (a)   Jurisdiction and Supervision. The Commissioner of Public Works and Streets or his or her designated representative and such other officers and employees as may from time to time be appointed shall have the responsibility for supervision, management and control of the inspection and maintenance of all fire hydrants, both public and private, controlled by the Village.  The Village shall inspect, at no charge to the property owners, all fire hydrants which are located on private property within the Village at least twice a year.
   (b)   Right of Entry for Testing and Maintenance.  The Commissioner of Public Works and Streets or his or her designated representative, and every person authorized by him or her, shall have ready access to any premises, for the purpose of testing and maintaining fire hydrants, at any time between 7:00 a.m. and 6:00 p.m. of any day.  No person shall interfere with, prohibit or obstruct the Commissioner of Public Works and Streets or his or her designated representative or such other persons in such work.
   (c)   Obstructing Village Officers; Responsibility for Repairs.  No person shall, in any manner, obstruct or cause to be obstructed the free access of any duly authorized person or employee of the Village to any fire hydrant located within the Village.  All repairs to and maintenance of any domestic or fire line water service which must be made on private property are the responsibility of the property owner.  If any person in the employ of the Village observes any leak or other damage in any domestic or fire line water service, he or she shall immediately notify the Commissioner of Public Works and Streets or his or her designated representative who, in turn, shall immediately notify the property owner to make whatever repairs are necessary within twenty-four hours.  If the proper repairs are not made within such period, the Village may, at its option, discontinue service to such property until the proper repairs are made.
   (d)   Accessibility.  No person shall restrict the access to any fire hydrant within the Village by trees, shrubs, bushes, weeds, plants, fences or any other means, unless he or she has first secured, in writing, permission from the Commissioner of Public Works and Streets or his or her designated representative to do so.
   (e)   Location and Type. The Commissioner of Public Works and Streets or his or her designated representative shall determine the location and type of all fire hydrants located within the Village.
   (f)   Inspections. All fire hydrants located within the Village shall be inspected as provided in this section.  All inspections and repairs, when required, shall be conducted in accordance with the American Water Works Association Manual M-17.
   (g)   Painting. The Village shall, as necessary, paint each and every fire hydrant located on private property.
   (h)   Inspection Reports; Nonliability of Village.  A copy of the report of the findings of the inspector and the results of the inspection shall be forwarded to the owner of property upon which the fire hydrant is located, such report shall include, but not be limited to, statements as to the type of inspection made, the results of such inspection, any repairs which have been made and the charges for the same.  Such report shall be dated and signed by the person making the inspection.  This report shall represent the condition of the fire hydrant at the time of inspection only.  The Village assumes no liability for any damage which may occur through accident or act of God between inspections, which damage may render the fire hydrant inoperative.  If any property owner or his or her agent observes any fire hydrant which may have been damaged by accident or act of God, he or she shall immediately notify the Water Division to make whatever repairs are necessary.
   (i)   Excavations Around Hydrants; Restoration. Whenever, during the course of repairs, it becomes necessary for the Village to excavate, dig or otherwise disturb the ground around a fire hydrant, the responsibility for restoring the ground to its original condition shall lie with the owner of the property.  The Village shall backfill the excavated area, place four inches of topsoil over the entire excavated area and leave the same in a reasonable condition so as to allow the planting of grass or sod.
   (j)   Charges for Repairs. If any fire hydrant which is located on private property is determined to be in need of repairs and/or maintenance, the Water Division is hereby authorized to make any and all such repairs to maintain fire-ready operation of such fire hydrant and shall bill the owner of the property for the actual costs of all labor and materials expended to make the necessary repairs.
   (k)   Responsibility for Payment; Shut-Offs; Liens.
      (1)   All charges for the repair or painting of any fire hydrant located on private property shall be due and payable on or before the twentieth day after the date when statements of such charges are returned and shall become delinquent if remaining unpaid thereafter.
      (2)   The Village Clerk shall cause statements for such charges to be delivered within ten days after the actual completion of the work.
      (3)   Whenever any charges for such work remain unpaid for more than thirty days from the date of the statement, the water, at the option of the Commissioner of Public Works and Streets or his or her designated representative, shall be turned off from the premises and the service shall not be restored until all bills and arrearages have been paid.
      (4)   Such delinquent charges are liens upon the real estate.  The Commissioner of Streets and Public Improvements or his or her designated representative shall file such lien against such real estate in the office of the County Recorder of Deeds or the County Registrar of Titles as provided for in Ill. R.S. Ch. 24, Sec. 11-139-8.
(Ord. 1987-41a.  Passed 8-24-87; Ord. 1995-16.  Passed 5-22-95.)