(A) Registration. All current property owners to which the village supplies water must register their name, village address, mailing address, and current phone number with the village within 30 days of receiving notice of this section. All property owners subsequent to the date of this section must register the same at the time the application to have water turned on is submitted to the village. There is no fee to register.
(B) Application. Application to have water turned on shall be made to the village office and shall contain an agreement by the applicant to abide by and accept all of the provisions of this chapter as conditions governing the use of the village water supply by the applicant.
(C) Deposit. A water service deposit of an amount as set forth in § 35.02 shall be made with each application for water service, this sum to be retained by the village to ensure the payment of all bills until all such bills have been paid and to be refunded when service is discontinued if all bills have been paid. When service to the applicant is discontinued permanently this deposit, less any amount still due the village for water service, shall be refunded without interest.
(D) Flat rate charge when no water meter installed. When no water meter has been installed by the village, the fee charged for water service shall be the flat fee established by the President and Board of Trustees for minimum consumption.
(E) Billing procedure.
(1) All bills for service shall be rendered monthly as of the first business day of the month succeeding the period for which the service is billed, and shall be payable not later than the close of business on the tenth business day of the same month.
(2) All bills shall be rendered to the owner of the premises and the owner of the premises shall be responsible for timely payment thereof.
(3) All bills for services rendered shall be deemed notice to all parties, whether or not the person charged with the statement is the occupant or user of the property served.
(F) Liability for payment.
(1) The owner of the premises, the occupant thereof, and the user of the service shall be jointly and severally liable to pay for the service on the premises and the service is furnished to the premises by the village only upon the condition that the owner of the premises, occupant, and user of the service are jointly and severally liable therefor to the village.
(2) If payment of the full amount of the bill is not made within that period, then a penalty of 12% per annum of the balance due shall be an additional charge due on the bill. The said 12% per annum additional charge shall accrue for each monthly period on the then current amount and delinquent balance.
(3) Nonreceipt of any bill described in this section shall not release liability of use for those charges. In any case where the user is responsible for the nonreceipt of bill, the conditions herein described for late payment and additional charges shall apply thereto. In any case where the village is responsible for the nonreceipt of a bill, the village, at its discretion, may grant the user an extension of any discount period and late payment conditions described herein.
(G) Duties of Treasurer regarding water revenues.
(1) The Village Treasurer shall receive all revenues from the combined waterworks system and all other funds and monies incident to the operation of this system as they may be delivered to him or her and deposit them in a separate fund designated as the Water Fund of the village. The Treasurer shall administer the fund in every respect in the manner provided by statute.
(2) The Village Treasurer shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the combined waterworks and sewerage system.
(3) At regular annual intervals, the Village Treasurer shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the combined waterworks system.
(H) Discontinuing service for nonpayment of bill.
(1) It is the policy of the village to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The village’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(a) That all bills are due and payable on or before the date set forth on the bill;
(b) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(c) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the village official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
(2) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(3) When it becomes necessary for the village to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of an amount as set forth in § 35.02.
(I) Lien for unpaid bill.
(1) Whenever a bill for water and sewer service remains unpaid 60 days after it has been rendered, the Village Clerk may file with the County Recorder 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 village claims a lien for this amount as well as for all charges for water served subsequent to the period covered by the bill.
(2) In all cases where the water service charge has become delinquent and the village elects to file a statement thereof in the office of Recorder of Deeds as hereinabove set forth, there shall be added in addition to the amount due the village such charges and expenses as are necessary and required to verify the legal description of the Village Board as sufficient to cover the cost of preparation of such notices and forms required. In each instance, the Clerk or a duly appointed employee of the village shall be authorized and directed to include such additional costs in the amount claimed due the village in the notice of lien.
(3) In addition to penalties and costs attributable and chargeable to the recording of such notices of lien, the user and owner shall be liable for interest upon all unpaid balances at the rate of 12% per annum.
(J) Foreclosure of lien.
(1) Property subject to a lien for an unpaid water and sewer bill shall be sold for nonpayment of the bill and the proceeds of the sale shall be employed to pay the outstanding bill, after deducting costs, as is the case in the foreclosure of statutory liens.
(2) The foreclosure shall be by bill in equity in the name of the village.
(3) The Village Attorney is hereby authorized and directed to institute lien foreclosure proceedings, in the name of the village, in any court having jurisdiction over such matters, against any property for which the bill for water or sewer service has remained unpaid 60 days after it has been rendered.
(K) File suit for collection.
(1) In the alternative, the village may, in its discretion file suit to collect such amounts as are delinquent and due against the occupant or use of the real estate in a civil action, and shall collect, as well, all attorney fees incurred by it, the same to be fixed by order of the court.
(2) In addition, the user and owner shall be liable for interest upon all unpaid balances at the rate or 12% per annum.
(Prior Code, § 8-4-1) (Ord. passed 10-12-2009) Penalty, see § 51.99