(A) Bills and notices relating to the conduct of the business of the municipality will be mailed to the customer at the address listed on the application, unless a change of address has been filed in writing at the business office of the municipality; and the municipality shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused from nonpayment of a bill or from any performance required in the notice.
(B) (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; and
(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 bill shall have a right to a hearing at which time the customer 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 $25.
(C) Where the water supply to a customer has been discontinued for nonpayment of delinquent bills, a charge of $2 will be made for reconnection of water service, but the reconnection will not be made until after all delinquent bills and other charges, if any, owed by the customer to the municipality have been paid.
(D) The municipality reserves the right to request a nominal sum be placed on deposit with the municipality for purpose of establishing or maintaining any customer’s credit.
(E) All meters shall be installed, maintained and renewed by and at the expense of the municipality, and the municipality reserves the right to determine the size and type of meter used.
(F) Upon the written request of any customer, the meter serving the customer shall be tested by the municipality. The test will be made without charge to the customer if the meter has not been tested within 12 months preceding the requested teat; otherwise a charge of $10 will be made and then only if the test indicates meter accuracy within the limits of 2%.
(G) Where a meter has ceased to register, or motor reading could not be obtained, the quantity of water consumed for billing purpose will be based upon an average of the prior 6 months consumption, and the conditions of water service prevailing during the period in which the meter failed to register.
(H) Water for building or construction purposes will be furnished by meter measurement, only after suitable deposit has been made, the minimum deposit being $75; and the amount to be determined by the municipality depending upon the size of the construction work contemplated; end all water for building or construction purposes, as set forth in the permit, must pass through one and the same meter. Water so supplied shall be discharged through a hose or pipe directly upon material to be wet, or into a barrel or other container, and in no case upon the ground or into or through a ditch or trench and all use of water by other than applicant or use of water for any purpose or upon any premises not so stated or described in the application must be prevented by the applicant, or water service may be discontinued without notice.
(I) The municipality shall make all reasonable efforts to eliminate interruption of service, and when the interruptions occur will endeavor to reestablish service with the shortest possible delay. Whenever the service is interrupted for the purpose of working on the distribution system or the station equipment, all consumers affected by the interruption will be notified in advance whenever it is possible to do so.
(J) The municipality shall in no event be hold responsible for claim made against it by reason of the breaking of any mains or service pipe, or by reason of any other interruption of the supply of water caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption of service which. in the opinion of the municipality may be deemed necessary.
(Ord. 1976-40, passed 10-1-1976)
(K) Board of Public Affairs’ rules and regulations.
(1) Responsibility. The property owner is responsible for all charges for water, sewer service or repairs and shall be billed for all water use and sewer services upon their property by any tenant. Should the owner fail to pay any charges against his property, those charges may become a lien against the property and, upon proper board action, certified to the County Auditor for collection with the taxes on that property, or deliver them to the Village Solicitor for collection, or terminate services until payment is received.
(a) The village office may bill the tenant instead of the property owner upon completion of an agreement to indemnify the village in the event that the tenant does not pay their bill. The property owner will receive a copy of the tenant's delinquent notice. Any property owner not completing an application will receive the utility bill(s).
(b) It is incumbent upon a prospective purchaser of property to ascertain whether there is an unpaid water bill standing against the property.
(c) The Water Department must be notified in writing when there is a change of ownership of a property.
(d) The Utilities Department computes and delivers bills as a matter of convenience to the consumer. Failure to receive a bill will not relieve the consumer or owner of the premises of responsibility for prompt payment or penalties.
(e) Any owner wishing to discontinue service should notify the water department to have the meter read and to have a final bill computed by the utilities office.
(f) If notice of a property owner's wish to discontinue service is not given to the Utilities Department, the owner will be responsible for all water used on the premises.
(g) When the Utilities Department turns off the water at any premises, it does not drain the pipes or otherwise protect the fixtures within the premises and is in no way responsible for damage that might follow.
(h) Before transferring to another account, the customer shall have ten days to pay the balance due in full. All tenants will also have ten days to pay the final bill. If this is not received within ten days, the landlord will automatically be billed or the water will be shut off at the service address.
(2) Turning water on and off. The Water Department may turn the water off at any time for the purpose of making emergency repairs and will resume service when the repairs are made at no charge to the customer.
(a) Except in an emergency, a charge of $25 will be made for turning the water on or off.
(b) For extended vacations, etc., the water department will remove a meter from a property at the request of the property owner for a fee of $25 and take a final reading to bring the account up to date. The $25 fee shall include reinstallation of the meter at a later date.
(3) Residential meter testing. Upon written request and deposit of $10 by a customer, the water department shall test the customer's water meter.
(a) The owner or his agent shall witness any such test.
(b) The Water Department reserves the right to test any meter.
(c) Meters may not be removed for testing or repairs by anyone other than a Water Department employee.
(d) Any meter larger than 5/8 x 3/4 must be tested outside the village.
(4) Meter readings. Meters damaged by frost, by hot water backing into them, by being set in proximity to heat of any kind, or by any carelessness or accident, will be repaired by the Water Department at the expense of the property owner. Repairs to fixtures, valves, etc., other than the meter, must be made by the owner.
(5) Adjustments. If, upon receipt of a bill, a customer feels the bill to be inaccurate or unusually high for reasons beyond his control, he should immediately make a written request to the Board of Public Affairs to review and/or adjust his bill. The Board will review the billing and make any adjustments it deems necessary.
(6) Estimations. If, after two attempts, the water department is unable to ascertain the charge, having been denied access to the meter for any reason, the charge may be estimated and a bill for the estimated amount delivered.
(7) Charge for returned checks. The Water Department will charge a fee of $20 for any check that has been returned due to insufficient funds. This would cover the cost of bookkeeping and service calls.
(8) Discount for senior citizens. Any senior citizen who is eligible for the HOMESTEAD exemption will receive a 20% reduction off their bill. Any senior citizen desiring this discount must register at the Village Hall and bring proof of their eligibility.
(9) Outside rates. Water and sewer rates outside of the municipality will be one and one half times as great unless otherwise stated in an agreement or contract.
(10) Billing for less than a month. For the purpose of billing for a portion of one month, the following division will be made to determine the charge: One to ten days — 1/3 of the monthly charge; 11 days to 20 days — 2/3 of the monthly charge; 21 days or more – entire monthly charge. NOTE: billing may be higher based on the meter reading.
(11) Additional charges.
(a) Where there are multiple dwelling units with only one meter, an additional charge of $5 per month per dwelling unit will be billed.
(b) Where there are multiple business units with only one meter, an additional charge of $5 per month per unit will be billed.
(c) Any combination of the above will be charged $5 per month per unit.
(d) If any of the above property owners requests the installation of separate meters, the Water Department will install the meters at no cost, except that all plumbing costs will be at the expense of the property owner.
(12) Separate meters. Each individual family or business unit shall be separately metered.
(13) Penalty. All water and sewer rates and other charges are due and payable on the twentieth day of the month. If the twentieth falls on Saturday, Sunday or holiday, the due date will be the next business day. A penalty of 10% of the amount of the bill will be charged if not paid on or before the due date of the month of issue.
(14) Shut-off notices. Shut-off notices will be printed and mailed starting the twentieth of each month (or due date if other than twentieth). They will be sent to those customers who are delinquent beyond 30 days. The customer will be given ten days to pay the past due amount in full, then the water will be shut off If the water is shut off due to non-payment, the entire bill including all delinquent charges must be paid plus a $25 turn-on fee before service is resumed. Only cash or money orders will be accepted in payment of an account that has been turned off due to a delinquent bill.
(Am. Res. 2011-03, passed 2-28-2011; Am. Res. 2012-03, passed 2-13-2012)