A. Rendition Of Bills; Due Date: The meters will be read by the village maintenance on the first day of every month, excluding weekend days. If weather conditions or other circumstances prevent the reading of meters, then each water bill will be estimated by the village. Bills will be mailed as promptly after the date on which the meters were read as feasible and will be delinquent on the first business day (Monday through Friday) of the next calendar month, excluding holidays. Bills will be paid to the village clerk/water billing clerk or designated representative.
B. Late And Delinquent Payments:
1. There will be a twenty percent (20%) penalty added to each bill that is unpaid by the first business day (Monday through Friday) of the next calendar month, excluding holidays.
2. If any bills remain unpaid fifteen (15) days into the next calendar month, after billing, the village clerk/water billing clerk or the water superintendent, or authorized representative, shall cause notification to be given to the owner of the premises, if known, and the user of the service that the service shall be discontinued within forty eight (48) hours after such notice is given, and such notice may be given either personally or by telephone call. Delivery to an occupant of the premises above the age of sixteen (16) years shall be deemed delivery to the owner or user.
3. After such notice, if given, the village clerk/water billing clerk or the water superintendent, or authorized agent, shall cause such service to be discontinued, and the service will not be restored until the delinquency and penalty are paid in full. In addition, a forty dollar ($40.00) service fee will be added to cover the cost of restoring service.
4. Bills remaining unpaid sixty (60) days after rendition shall constitute a lien upon the real estate to which the service has been rendered. The village clerk, for and on behalf of the village, is hereby authorized and directed to file a notice of such lien in the office of the recorder, Mason and/or Logan County, Illinois, and to pursue such legal action as is necessary to collect the delinquent charges. Any legal fees or expenses incurred in preparing the filing of any such notice of lien shall be added to the bill and become a part thereof. Any fees charged by the recorder, Mason and/or Logan County, for the filing of such notice of lien shall be added to the bill and become a part thereof. Such lien may be foreclosed by the village in the same manner as mortgages are foreclosed under the statutes of the state of Illinois, and the costs, attorney fees, and expenses of such foreclosure and of any sale of real estate shall be first paid out of any sale of the premises pursuant to such foreclosure. (2016 Code)
5. Failure by the village or a representative thereof to discontinue or terminate water service after delinquency shall not relieve the user or the owner from the obligation to pay for water service, penalties and charges with reference thereto up to the date of termination.
6. The fact that there has been a water deposit made under subection 8-1-2D of this title shall not relieve payment as in this section provided, and the existence of such deposit shall not be a defense to any claim or lien of the village.
C. Civil Liability For Nonpayment Of Water Charges: Any person, firm or corporation failing to make payment for any water bill or charges in connection with water service furnished such person, firm or corporation by the due date thereof shall be liable in a civil action to the village for such unpaid water bill and water charges and any penalties thereon provided by this section and for interest thereon from the due date thereof at the rate of twenty percent (20%) per annum until paid and for the reasonable attorney fees to be fixed by the court and for any court costs connected with such civil action. The village reserves the right to pursue any legal measures available and necessary to secure the payment of said fees and amounts owed by the person, firm or corporation that is responsible for the payment of such water bill. (Ord. 14-494, 12-15-2014, eff. 1-1-2015)