(A) Customer accepts service. The rates, rules and regulations contained in this public works title shall constitute and be considered a part of the contract with every person, company or corporation who is supplied with water and sewer services from the waterworks and sewerage system and every person, company or corporation, hereinafter called a “customer”, who accepts and uses village water and sewer services shall be held to have consented to be bound thereby.
(B) Not liable for interrupted service. The Department shall endeavor at all times to provide a regular and uninterrupted supply of service, but in case the supply of service shall be interrupted or irregular, or defective, or fail from causes beyond its control, or through ordinary negligence of employees, servants or agents, the Department shall not be liable therefor.
(C) Using services without paying. Any person using utility services from the village without paying therefor, or who shall be found guilty of breaking the seal of any meter or appurtenances, or by-pass any meter, shall be guilty of violating this public works title and, upon conviction, shall be fined a sum as provided in § 10.99 of this code of ordinances.
(D) Destroying property. Any person found guilty of defacing, tampering, injuring or destroying, or in any manner limiting the use or availability of any meter or any property of the waterworks system and sewerage system, or erecting signs on the property of the Department without permission shall, upon conviction for such act, be fined as provided in § 10.99 of this code of ordinances.
(E) Service obtained by fraud. All contracts for water and sewer services must be made in the name of the head of the household, firm or corporation using the established spelling of that person’s or firm’s name. Attempts to obtain service by the use of other names, different spellings or by substituting other persons or firms will be considered a subterfuge and service will be denied. If service has been discontinued because of non-payment of bills, or any unpaid obligation and service has again been obtained through subterfuge, misrepresentation or fraud, that service will be promptly disconnected and the whole or such part of the advanced payment as may be necessary to satisfy the unpaid obligation shall be retained by the village and credited to the appropriate account.
(F) Failure to receive bill. Failure to receive a bill shall not excuse a customer from his or her obligation to pay within the time specified. Should the Department be unable to bill a customer for services used during any month, the following billing shall include the charges for services used during the unbilled month.
(G) Request to discontinue service. Customers shall notify the village ten days prior to the first day of the new billing month to discontinue services, if the village is not notified ten days prior to the first day of the new billing month, the customer shall be responsible for the service provided for that month.
(H) Billing; utility shut-off.
(1) The water meters will be read by village representatives on or about the second week of each month. If weather conditions or other circumstances prevent the reading of the water meters then each utility bill will be estimated by the village. All bills for utility services shall be due and payable upon presentation. If a bill is not paid by the fifteenth day of the following month, a penalty equal to 20% of the amount due on said bill shall be added to the bill. This penalty shall be in addition to the charge heretofore established for the utility services. In the event that any check presented for payment of utility service is returned not paid to the village (e.g., for insufficient funds, account closed and the like) a charge in the amount of $25 for each check delivered shall be assessed. This charge shall not preclude the village from pursuing any other civil or criminal remedies available by law.
(2) Any customer who fails to pay the utility bills within a week of presentation shall have the utility services disconnected after notice by the Collector has been mailed to the customer.
(I) Lien notice. Whenever a bill for utility services remains unpaid for 60 days after it has been rendered, the village shall file with the county’s 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 municipality claims a lien for this amount as well as for all charges for utility services served subsequent to the period covered by the bill.
(1) If the consumer of utility services whose bill is unpaid is not the owner of the premises and the village has notice of this, then the notice shall be mailed to the owner of the premises if his or her address is known to the village whenever such bill remains unpaid for a period of 30 days after it has been rendered.
(2) The failure of the Collector 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 utility bills as mentioned herein.
(J) Foreclosure of lien.
(1) Property subject to a lien for unpaid utility charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens.
(2) The Village Attorney is hereby authorized 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 for utility services has remained unpaid 60 days after it has been rendered.
(K) Landowner responsible for water and sewer accounts.
(1) All water and sewer accounts shall be the responsibility of both the tenant and the landowner (joint and severally).
(2) The landowner shall be responsible for the deposit and monthly bills on the water and sewer accounts if after demand has been made to the tenant, the tenant fails to pay the amount due and payable.
(3) Notice of the tenant’s failure to pay shall be forwarded to the landowner.
(Prior Code, § 38-2-1) (Ord. 06-382, passed 12-18-2006)