Upon the failure of the owner or occupant of any premises to pay the charges or any portion thereof including connection charges, water meter repair or replacement costs, within thirty (30) days after such charges are due and payable, or in the event such owner or occupant is found to be in violation of the provisions of this chapter pertaining to tampering with the water meter, or of making an illegal connection or one without a permit, or of making an illegal cross connection or of using a sprinkling system in violation of a proclamation prohibiting the same or of maintaining a condition on the property that does not comport with the village code or otherwise endangers the village's water system, the supply of water to said premises shall be subject to being turned off and no water shall be supplied to said premises until the payment of all arrearages has been made, or the removal of all illegal connections or cross connections, or the replacement of the tampered meter or elimination of sprinkling has occurred, or the violative or endangering conditions have been corrected, together with an additional charge of seventy five dollars ($75.00) for service in again turning on said water supply. An additional one hundred dollar ($100.00) charge shall be assessed to the owner or occupant if such restoration is performed before or after business hours of the village, or on weekends or holidays. No water supply shall be shut off pursuant to this section unless written notice shall first be given by the village to the owner or occupant in question, by regular mail and personal service or certified mail, which will include a signed return receipt, addressed to the person and address last shown on the village's water billing records, or by posting on the premises in question where the owner or the owner's place of residence, upon diligent inquiry, cannot be found, of the village's intent to shut off such water supply and the reason therefor, and offering such owner or occupant a hearing into the subject matter of the proposed water shutoff before the village treasurer; which hearing shall be held not less than seven (7) days following the receipt of notice thereof. Where, following notice and hearing (in the event the owner or occupant elects to be heard) or expiration of the opportunity to be heard, determination to shut off the water supply is made, notice to the owner will be made in the same manner as above provided, and shall further be posted on said premises. Payments of less than the full amount billed on a combined bill will be applied first to pay any late payment penalty fees and processing charges, then sewerage charges, then any water connection and water meter repair or replacement charges.
Additionally, when an owner or occupant of any premises that receives water service from the village's water system refuses to provide the Village with access to a premises pursuant to Section 8-6-6 of the village code, the village may, upon thirty (30) days' written notice, impose a water surcharge fee that doubles the otherwise applicable charges for water provided by the village pursuant to Section 8-6-2 of the Village Code until the owner or occupier of the premises provides the village with such access to the premises. Notice of the village's intent to impose such surcharge and the reason therefor shall be given by the village to the owner or occupant in question either by personal service, certified mail (return receipt requested), or by posting on the premises in question in the event that the owner or the owner's place of residence, upon diligent inquiry, cannot be found. In the event that the owner or occupant of a premises subject to a surcharge pursuant to this paragraph does not provide access to a premises pursuant to Section 8-6-6 of the village code within sixty (60) days after the imposition of such surcharge, the village may undertake to terminate the supply of water to said premises in the manner provided in the preceding paragraph. (Ord. 2828, 11-7-2013; amd. Ord. 4008, 12-2-2021; Ord. 4072, 10-5-2023)