CHAPTER 937
Utility Billing, Payment and Disconnection Policy
 
 
937.01   Billings and payments.
937.02   Delinquent payments.
937.03   Deposit and responsibility for payment of bills.
937.04   Waiver in cases of undue hardship.
937.05   No allowance for loss of water through leakage.
 
 
CROSS REFERENCES
         Sewers - see S.U. & P.S. Ch. 927
         Water - see S.U. & P.S. Ch. 933
 
 
   937.01 BILLINGS AND PAYMENTS.
   (a)   Water meters are ready monthly via radio transmitter, rendering an actual reading.
(Ord. 52-2023. Passed 8-9-23.)
 
   (b)    All bills shall be payable on or before the twentieth day of the month in which rendered. After the twenty-fifth day, a penalty of ten percent (10%) of the bill rendered will be added for such late payment. The date a penalty is to be applied, if it falls on a weekend or holiday, shall be extended to the end of the next workday.
(Ord. 54-2016. Passed 7-5-16.)
 
   (c)   Bills are payable in person or by mail at the Office of the Clerk-Treasurer on or before the date specified on the bill. Failure to receive a bill or the existence of a deposit will not entitle the consumer to the remission of any charge for non-payment within the time limit specified.
(Ord. 31-1998. Passed 4-20-98.)
 
   (d)   Any payment made by check and returned by any financial institution as uncollectible, NSF (non-sufficient funds), payment reversals, etc., is subject to an additional thirty-five dollar ($35.00) handling charge.
 
   (e)   Customers of utility billing service may apply to participate in an automatic bank draft payment plan designating a bank account to be automatically debited each month on the due date and in the amount of the customer’s current bill. If the Village incurs two payment reversals of any kind within any twelve month period, the automatic bank draft payment plan for that customer may be terminated. After one year of consecutive, timely payments, customers shall be eligible to reapply for the automatic bank draft payment plan. All plan customers are subject to returned item fees as described in subsection (d) above.
(Ord. 9-2009. Passed 2-17-09.)
 
   937.02 DELINQUENT PAYMENTS.
   (a)   In the event that payment has not been received within sixty (60) days of the due date, a delinquent notice shall be served upon the delinquent customer by hand delivery or regular mail with a certificate of mailing to the property address requesting payment in full for all delinquent amounts due.
   (b)   In the event that payment has not been received within five days of the delinquent notice, a disconnection notice will be served upon the delinquent customer and property owner, if applicable, by hand delivery or regular mail with a certificate of mailing to the property address. If payment is not received within five business days of such notice, the utility service may be disconnected immediately and shall be resumed only upon full payment of the delinquent bill, plus a seventy-five dollar ($75.00) turn on charge.
(Ord. 52-2023. Passed 8-9-23.)
 
   (c)   Failure to contact the Office of the Clerk-Treasurer prior to the disconnection date and to pay the bill in full or make payment arrangements approved by the Office of the Clerk-Treasurer will result in disconnection of service.
(Ord. 71-1995. Passed 7-3-95.)
 
   (d)   No extended terms of payment shall be granted in the case of a tenant occupied property unless the property owner has consented in writing to such payment plan.
(Ord. 9-2009. Passed 2-17-09.)
 
   937.03 DEPOSITS AND RESPONSIBILITY FOR PAYMENT OF BILLS.
   (a)   For all services furnished by the Village, the current property owner of record of the land involved is responsible to insure the payment of all utility bills irrespective of who incurred such unpaid bills or when such bills were incurred, provided that the notice required under Section 937.02(b) has been given such owner.
   Prior to attempting collection from such property owner, however, the Village shall first attempt through all reasonable and practical means to obtain payment for such utility billing from the party actually or constructively in possession of the premises during the billing period. The means and extent of any collection efforts in a particular case shall be at the discretion of the Office of the Clerk-Treasurer taking into account the collectability and availability of such utility user. Owner responsibility hereunder shall not apply if the owner is vendor under a duly recorded land contract.
 
   (b)   Each charge or rental levied is hereby made a lien upon the corresponding lot, land or premises served by a connection to the utility service(s) of the Village, and if not paid within thirty days after it becomes due and payable, may be certified to the County Auditor, who shall place it upon the tax duplicate of the County, with interest and penalties allowed by law, to be collected as other taxes are collected. In addition, the Village may disconnect the service and take any other measures authorized by law, ordinance or regulation until all bills for same have been paid in full.
(Ord. 31-1998. Passed 4-20-98.)
   (c)   (1)   The Village reserves the right to require a one hundred dollar ($100.00) deposit for sewer service, and fifty dollars ($50.00) for water service as a condition precedent to obtaining utility service. In the case of a tenant- occupied property, the Village reserves the right to require a two hundred fifty dollar ($250.00) deposit regardless of the type of service provided. Such utility deposits shall be non-interest bearing. Any excess funds on deposit at the date of termination of service shall be returned to the customer. This deposit shall in no way be considered the maximum customer’s obligation in the event of greater usage. If such deposit is not paid within 30 days of the initial date of service, such deposit will be added to the next monthly utility bill and shall become payable in full with said monthly bill.
      (2)   After two years of continuous service at the same address, the Village may return the deposit of record to the account holder by applying the deposit to the customers’ utility bill. In the case of a tenant-occupied property, the deposit will be refunded on the tenant’s final utility bill. Any credit balance will be refunded by check to the customers. All returns of deposits are subject to the customer’s past payment record and will be paid at the discretion of the Clerk-Treasurer. Deposits made on tenant-occupied premises shall not be returned except at termination of service. (Ord. 9-2009. Passed 2-17-09.)
 
   (d)    The Village reserves the right to require an additional deposit, if the consumer's past record of payment indicates that such deposit is required to assure payment. Such additional deposit shall not be greater than one and one-half times the consumer's average quarterly bill or estimated average quarterly bill.
 
   (e)   For tenant occupied premises, any deposit required by the Village of a tenant is only for the convenience and protection of the property owner. Such deposit shall, in no manner whatsoever, relieve the legal property owner of the responsibility and obligation to insure payment of all bills for utility service supplied to the premises involved.
 
   (f)   After the effective date of this subsection no municipal utility will be supplied to tenant occupied premises unless the owner thereof signs the application for such utility as guarantor thereof. This provision does not apply to service contracts in existence as of the effective date of this subsection.
(Ord. 71-1995. Passed 7-3-95.)
 
   937.04 WAIVER IN CASES OF UNDUE HARDSHIP.
   The Clerk-Treasurer is hereby authorized to waive or reduce the reconnection charges required by Section 937.02(b), or waive or reduce a penalty incurred, or to offer more extended terms of payment of such charges or of any other utility charges due the Village. If the Clerk-Treasurer finds that payment of such charges in full would cause undue hardship, provided that at the time of offering such waiver, reduction or extended terms of payment, the Clerk-Treasurer shall document the reasons supporting the finding of undue hardship and a statement of the relief granted, and provided further that in no event will any unpaid charges for utility services previously rendered be waived or reduced.
(Ord. 9-2009. Passed 2-17-09.)
 
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