(A) Lien.
(1) Generally. Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water service remains unpaid 30 days after it has been issued, 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 the amount, as well as for all charges for water served subsequent to the period covered by the bill.
(2) Foreclosure. The Village Attorney may institute a proceeding for the foreclosure of the lien referred to in division (A)(1) above, in the name of the village, in any court having jurisdiction over these matters, against any property for which a water bill has remained unpaid 60 days after it has been issued.
(B) Procedure for review of water bill. If, at any time, a user contends that his or her water bill is excessive due to the water meter not registering correctly or for any other reason, the following procedures shall be followed.
(1) A village employee shall be sent to the premises to physically check the meter reading and to check for possible plumbing problems. If the village employee determines that the meter is reading accurately, then the customer may either elect to pay the outstanding water bill in full or request that a field test be performed pursuant to division (B)(2) below.
(2) Upon request of a field test by the customer, a representative of the village shall explain to the customer the process and potential cost of the request to the customer, the village shall then so order the field test, upon receipt of the results of the test the following shall be required depending upon the results of the test.
(a) If it is determined that the meter is reading accurately, the customer may elect one of the following:
1. Pay the water bill in full plus the costs of the testing; or
2. Request a hearing before the local Hearing Officer as per division (C) below.
(b) If it is determined that the meter was reading inaccurately, the village shall, at its cost, replace or repair the meter and adjust the customer’s water bill accordingly.
(C) Administrative hearing process. The Hearing Officer shall review all cases presented under this section and shall make final determination concerning the water bill in accordance with the following.
(1) Administrative staff shall provide the Hearing Officer with all information relating to the customer’s water account and related meter tests.
(2) Each case shall be considered independently.
(3) If the Hearing Officer adjusts the water bill, the adjustment shall never be less than what the village pays for the water.
(4) If the Hearing Officer orders an adjustment to the water bill the adjusted amount shall be paid in full within two months of the order.
(Prior Code, § 52.50) (Ord. 04-07, passed 3-9-2004)