(A) Each sanitary sewer bill shall include, but is not limited to, the following information:
(1) Service address;
(2) Date of billing;
(3) Amount due;
(4) Penalty clause;
(5) Due date;
(6) Account number;
(7) Days of service;
(8) Telephone number of City Hall;
(9) Notice that customers may contact City Hall for dispute procedures.
(B) Customer information. The city or its designee shall provide information on the following:
(1) The procedure to dispute a sanitary sewer bill.
(2) The procedure to avoid termination of sanitary sewer and garbage service due to nonpayment of sanitary sewer charges.
(3) The procedure for tenants to avoid termination of sanitary sewer service due to the landlord's nonpayment of sanitary sewer charges.
(4) The procedure to obtain reinstatement of sanitary sewer service.
(C) Customer Dispute Procedure.
(1) At any time before the date of termination of sanitary sewer services for nonpayment of the amount shown on a sanitary sewer bill, a notice of rejection or a notice of termination, a customer may dispute the correctness of all or part of the amount shown in accordance with the provisions of this chapter. The customer shall not be entitled to dispute the correctness of all or parts of the amount if all or parts of the amount were subject of a previous dispute under this section.
(2) The procedure for customer disputes shall be as follows:
(a) Before the date of termination the customer shall notify the city orally or in writing, that he/she disputes all or part of the amounts shown on the sanitary sewer bills, a notice of rejection or notice of termination, stating as completely as possible the basis for the dispute.
(b) If the city or its designee determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amounts shown, the city shall mail to the customer a notice stating that the present dispute is untimely or invalid. The city shall then proceed as if the customer had not notified the city of the present dispute.
(c) If the city determines that the present dispute is not untimely or invalid under this section, the city, within three days after receipt of the customer's notice, shall arrange an informal meeting between the customer and an official of the city.
(d) Based on the city's records, the customer's allegations and all other relevant materials available to the city official, the official shall attempt to resolve the dispute, in a manner satisfactory to both the city and the customer.
(e) Within five days after the meeting, the city official shall mail to the customer a copy of his or her decision.
(f) If the decision is unsatisfactory to the customer, the customer, with five days of his or her receipt of the city official's decision, may request in writing, a formal hearing before the Water Department Board.
(g) The formal hearing before the Water Board shall be held within ten days of the city's receipt of the customer's written request.
(h) At the hearing, the city and the customer shall be entitled to present all evidence that is, in the discretion of the Board, relevant to and material to the dispute, and to examine and cross-examine any witnesses. A tape recorded (or, at the option of the city, a stenographic) record of the hearing shall be maintained by the Board.
(i) Based on the record established at the hearing, the Water Board, within five days after the hearing, shall issue its written decision. This decision shall be final and binding on the city and on the customer.
(3) Utilization of this dispute procedure shall not relieve a customer of his or her obligation to timely and completely pay all other undisputed sanitary sewer charges, and the undisputed portions of the amounts which are subject of the present dispute. Notwithstanding § 51.109, failure to timely and completely pay all such undisputed amounts shall subject the customer to termination of sanitary sewer service in accordance with the provisions of this chapter.
(4) Until the date of the Water Board or the city official's decision, whichever is later, the city shall not terminate the water, sanitary sewer or garbage service of this customer and shall not issue a notice of termination to him/her solely for nonpayment of the disputed amounts. If it is determined that the customer must pay some or all of the disputed amounts, the city shall promptly mail to, or personally serve upon the customer a notice of termination, which shall contain the following:
(a) The amount to be paid;
(b) The date of the notice of termination;
(c) The date of termination, which shall be at least 15 days after the date of the notice of termination;
(d) Notice that unless the city receives complete payment in the amount shown prior to the date of termination, sanitary sewer services shall be terminated under § 51.109(E)(6)(d).
(D) Sanitary sewer termination procedure.
(1) Delinquent charges. Sanitary sewer and water service may be shut off and discontinued to any property in which an owner/customer, occupant or user has allowed billing charges to become delinquent as defined in this chapter.
(2) Restoration of service. It shall be tbe responsibility of any party requesting the restoration of sanitary sewer and water service to pay all fees, deposits and delinquent charges attributable to the property for which sanitary sewer and water services are provided.
(3) Transfer of ownership. When the ownership of property is transferred to a new owner, it shall be the responsibility of the new owner to pay all fees, deposits and delinquent charges prior to sanitary sewer and water service being turned on or otherwise restored to the property.
(4) Payment in full required. Sanitary sewer and water services shall not be turned on or otherwise restored to a property until all fees, deposits and delinquent charges have been paid in full.
(5) Disconnection charges.
(a) If an owner/customer, occupant or user has allowed billing charges to become delinquent as defined in this chapter, prior to sanitary sewer and water services being discontinued, the city shall issue a tag (notifying of an impending shutoff) for the premises in question and a tag fee shall be assessed to the account at 8:00 a.m. on the day the tag is issued.
(b) The City shall terminate sanitary sewer and water services for nonpayment of charges only during the hours of 8:00 a.m. and 3:00 p.m. Mondays through Thursdays. No termination shall be permitted on a legal holiday or on the day before a legal holiday.
(c) If sanitary sewer and water services are discontinued because of a delinquent account as set forth in this section or for any other reason, a fee shall be assessed to the account for disconnection and re-connection at 8:00 a.m. on the day disconnection is scheduled, in addition to all amounts due on said account, payable in advance either by the customer or the owner of the property before the sanitary sewer and water services to the premises are turned back on.
(d) If the owner/customer pays all fees, deposits and delinquent charges after 3:00 p.m. on a regular city business day and requests that sanitary sewer and water services to the premises to be turned back on after 3:00 p.m. on that day, or requests that the services be turned back on during a time period which results in the city employee earning overtime compensation, the owner/customer shall pay a $75 fee prior to the services being turned back on.
(e) Disconnection fees shall be set from time to time by resolution of the Polo City Council.
(E) Collection of delinquent charges.
(1) All user charges levied under the provisions of this chapter shall be liens upon the real estate upon or to which sanitary sewer and water services are supplied, as provided by law; however, such liens shall not attach to such real estate until such charges have become delinquent. For the purposes of this section, a charge shall be determined delinquent if it has not been paid in full prior to the due date of the next month’s bill for the subject property. The city shall send to the owner(s) of record of the real estate, as referenced in the most recent information in the City Clerk’s records, a copy of the delinquency notice which was sent to the person who is delinquent in paying the charges. The notice shall inform the owner(s) that the unpaid charges create a lien on the subject real estate. The City Clerk is authorized and is directed to file a notice of lien in the Office of the Ogle County Clerk and Recorder. The notice shall consist of a sworn statement setting out the following:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money due for such services; and
(c) The date when such amount became delinquent.
(2) In addition to any other method of collection as herein provided or as is provided by law, the city shall also have the power and authority to sue the occupant or user of the subject real estate in a civil action to recover money due for sanitary sewer and water services, plus costs including reasonable attorney’s fees to be fixed by the court.
(3) Judgments obtained by the city shall bear interest as provided by statute(s) on the unpaid balance of said judgment(s).
(4) The city may also require reimbursement from the owner/occupant for the fee to record the lien in the Recorder’s Office. After the charges referenced in the lien have been paid in full along with interest and the recording fee, the city will send a release of lien to the owner of the subject real estate who then may record the lien at his, her, their or its expense.
(5) Any monthly bill which has not been paid in full by the due date for that month’s bill shall be assessed an additional service charge equal to 10% of the delinquent bill.
(6) If a customer disputes the amount of the sanitary sewer and water bill charged to him or her or them, or questions the accuracy of the meter for which data for computing the bill was obtained, then the city will, at the written request of the customer, cause tests and examinations of the meter to be made to determine its accuracy. If it is found as a result of such test that the meter registers a greater or lesser amount of water than is actually passing through it in excess of the allowable variation of 2%, the Operator of the Waterworks and Sewerage System Department shall have the authority to adjust the error either positively or negatively so that the water charge to the customer shall be that computed for the amount of water that actually passed through such meter. Such adjustment shall not be retroactive for more than two months.
(F) Turn on after disconnection. Any person who shall turn on or cause to be turned on the supply of water to any premises from which the supply of water has been turned off by order of the city on account of nonpayment of sanitary sewer and water charges without having received permission so to do, shall be guilty of a misdemeanor as provided by statute. Each and every day for which the water is turned on without permission from the city after it has been turned off shall be deemed to be a separate and distinct offense.
(G) Administration and processing of accounts. City officials may promulgate administrative rules and regulations to address day-to-day issues, as the may arise, regarding the collection, service termination and delinquencies of sanitary sewer and water billing accounts, so long as they are not inconsistent with an provision adopted herein.
(H) Penalty.
(1) Except as otherwise provided herein, any person violating any of the provisions of this section shall be subject to termination of sanitary sewer and water services and incur the penalty as provided in § 10.99 of this code for each violation. A new and separate violation shall be deemed to have occurred for each day that a violation exists. In the event that the city pursues any legal action, regardless of its nature, for the enforcement of this section or any other applicable ordinances, the owner and or occupant shall be liable for all costs, including reasonable attorney’s fees, incurred by the city in taking such action. Even though a court has determined that a violation of this section has occurred and has assessed a fine or penalty as a result thereof, the city shall be authorized to seek recovery of any unpaid charges and fees or other sums due the city under this section or other ordinances because of the furnishing of its sanitary sewer and water services.
(2) The remedies and penalties provided in this section shall not be exclusive of any other remedy.
('72 Code, § 51.069) (Ord. 51-A, passed 10-4-76; Am. Ord. passed 9-20-82; Am. Ord. 99-16, passed 9-7-99; Am. Ord. 18-04, passed 5-7-18; Am. Ord. 19-03, passed 5-6-19) Penalty, see § 51.999