(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.)