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(A) Village billing personnel shall, at all reasonable times, be available to receive and consider disputes of any customer, applicant or user relative to an account for utility service. The person having a dispute which cannot be resolved by billing personnel must request the hearing in writing, directed to the village utility office. The customer, applicant or user shall be advised of the customer’s right to have a hearing conducted by the Office Manager or the Office Manager’s designee (who shall be a village employee other than the billing employee who initially discussed the matter with the person requesting the hearing). The village shall not disconnect the service of any person for non-payment during the pendency of the dispute if:
(1) Written notice is given to the village utility office as herein provided;
(2) Payment of all undisputed portions of the bill is made; and
(3) The person making the complaint or dispute enters into a bona fide effort to resolve the disputed matter with all due dispatch.
(B) Notice of a dispute shall be made in writing and contain the name, address and telephone number of the person disputing a charge; the address at which utility service is received which is the subject of the dispute; the specific grounds or reasons for which the charges billed are disputed; and the specific relief requested.
(C) Upon filing of the notice, the Office Manager, or his or her designee, shall schedule a hearing with the customer; if the customer has been sent a notice of delinquency, the hearing shall be scheduled on or before the disconnection date specified in the notice of delinquency.
(D) The hearing shall be informal but shall consist, as a minimum, of the customer presenting reasons the customer believes the billing to have been in error, and the billing personnel presenting reasons why the billing was not in error. The customer’s ability to pay is not a relevant consideration.
(Prior Code, § 50C.011) (Ord. 95-024, passed 10-16-1995; Ord. 2004-019, passed 6-21-2004)
(A) As used in this chapter, BAD CHECK refers to the non-payment or dishonor of a check by a bank or other financial institution upon which the check is drawn for any reason, including but not limited to the following reasons:
(1) Refer to maker;
(2) Nonsufficient funds;
(3) Signature missing or incomplete;
(4) Payment stopped;
(5) Account closed;
(6) Postdated; and/or
(7) Staledated.
(B) The maker of each bad check returned to the village by a bank or other financial institution will be assessed the following handling fee for each item returned:
(1) On the first occasion: $25.
(2) For the second occasion within one calendar year of the first occasion: $50.
(C) After any person provides the village with a second bad check that is returned within one calendar year of the first occasion, the village shall accept no more checks from such person for six months from the date the payment is made good; all payments to the village shall be made by cash or money order. If a person owing the village money is late with a payment, e.g., with a payment for utility services due on a date certain, during the six-month period, the running of the six-month period shall recommence.
(D) The village shall use reasonable efforts to notify any person who has tendered a bad check to the village at the address and phone number of the person noted on the check or in the village’s files, e.g., a utility application. However, the village’s inability or failure to make contact with such person shall not extend any time period set forth in this policy.
(E) A person who has tendered a bad check to the village shall have two business days from the date the check is returned to the village in which to pay the village the amount of the bad check, plus the village handling fee, plus any charges imposed by the village’s financial institution for handling the bad check. All payments for bad checks shall be in cash, or by money order; no checks will be accepted in payment for a bad check.
(F) When person tenders a bad check for utility services, any time periods applicable to delinquent payments and utility reconnections shall be calculated as if no payment at all had been made. If the check is not made good within two business days, utilities may be disconnected without further notice.
(G) In order to minimize the potential for bad checks, the village will accept no THIRD PARTY CHECKS (defined as a check written by a maker to a payee who then endorses the check over to the village). Nor will the village accept postdated checks.
(Prior Code, § 50C.012) (Ord. 95-024, passed 10-16-1995; Ord. 16-001, passed 1-4-2016; Ord. 16-021, passed 9-6-2016)
The amount of any bill which is delinquent shall constitute a lien upon the real estate for which such services were rendered, and the Village Clerk is authorized and directed each month to file sworn statements showing such delinquencies in the office of the Recorder of Deeds of the county. The filing of such statement shall be deemed notice of lien for payment of such charges for such services. To the extent permitted by law, any property subject to such a lien may be sold for non-payment to pay the charges, after deducting costs. The Village Board may authorize and direct the Village Attorney to institute foreclosure proceedings in the name of the village.
(Prior Code, § 50C.013) (Ord. 95-024, passed 10-16-1995)
The Office Manager is hereby granted the discretion to turn any delinquent account over to a collection agency or attorney retained by the village for collection. In the event the village sues to collect an account, the village shall be entitled to recover, in addition to the amounts due, its costs, expenses and reasonable attorney fees incurred in collecting the debt.
(Prior Code, § 50C.014) (Ord. 98-017, passed 4-20-1998)
EXTRATERRITORIAL UTILITY SERVICES
On and after 3-1-1998, it shall be the policy of the village that utility services, including, but not limited to, gas, water, electric and sewer services, will be provided to new customers who are not located within the corporate limits of the village only on the condition that such customers shall annex to the village within six months of their becoming contiguous to the village. Customers who become contiguous to the village and do not annex within six months thereof shall have utility services disconnected by the village. For purposes of this subchapter, a NEW CUSTOMER includes an existing customer who requests additional services or an expansion of existing services.
(Prior Code, § 50E.001) (Ord. 98-007, passed 2-16-1998)
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