A. Deposit: Before water is supplied to any customer, other than property occupied by owner/customer, whether the customer is applying for water service for the first time or whether through change of address or otherwise, is applying for water service at a new or other premises, such customer, as a condition precedent to the supplying of such water, shall deposit with the Village Treasurer the sum of fifty dollars ($50.00) as a guarantee of the payment of water and sewer rates or rents.
1. Refund: The water deposit shall be retained to the credit of the customer and deposited in a separate account. When such customer discontinues the use of water service this deposit shall be returned to such customer if, as and when all charges for water supplied to the premises or for water services have been paid and claim for a refund of said deposit has been made by the customer.
2. Failure To Notify Or Claim: Should a customer vacate premises and within sixty (60) days fail to notify the Village and claim a refund or transfer of said deposit, the Village shall attempt to notify the customer at the last known address through the United States mail service of any portion of deposit available for refund.
a. Sixty-Day Period: Should the customer fail to notify the Village of a claim for refund within sixty (60) days after the Village sends notice through the United States mail service, the balance of the deposit shall be transferred to the operations and maintenance account of the Water Fund. The Village shall maintain a record of this transfer for a period of two (2) years from the date the Village becomes aware of the customer vacating the premises.
b. Two Year Period: If the customer files a claim for refund of the deposit within a period of two (2) years from vacating the premises, the village will make such refund from the operations and maintenance account of the water fund. If no claim is filed, the account will be considered closed with the deposit having been charged for the cost of handling and maintaining the records.
3. Application To Delinquent Account: If any customer shall allow a bill for water rates, rents or services to become delinquent and remain delinquent for fifteen (15) days, then the deposit so made or so much of it as is necessary shall be applied to pay such delinquency.
B. Discontinuing Service:
1. Delinquent Charges: Water service may be shut off and discontinued to any property in which an owner/customer, occupant or user has allowed billing charges to become delinquent as defined in this chapter.
2. Restoration Of Service: It shall be the responsibility of any party requesting the restoration of water service to pay all fees, deposits and delinquent charges attributable to the property for which water service is provided.
3. Transfer Of Ownership: When the ownership of property is transferred to a new owner, it shall be the responsibility of the new owner to pay all fees, deposits and delinquent charges prior to water and sewer service being turned on or otherwise restored to property.
4. Payment In Full Required: Water service shall not be turned on or otherwise restored to a property until all fees, deposits and delinquent charges have been paid in full. (Ord. 628, 7-17-1995)
5. Disconnection Charges: If an owner/customer, occupant or user has allowed billing charges to become delinquent as defined in this chapter, prior to water service being discontinued, the village shall issue a tag (notifying of an impending shutoff) for the premises in question and a tag fee shall be assessed to the account at nine o'clock (9:00) A.M. on the day a tag is issued.
If water service is discontinued because of a delinquent account as set forth in this section or for any other reason, a fee shall be assessed to the account for disconnection at nine o'clock (9:00) A.M. on the day disconnection is scheduled, in addition to all amounts due on said account, payable in advance either by the customer or the owner of the property before water service to the premises is turned back on during regular scheduled working hours.
If water service to the premises is turned back on during a time period requiring overtime charges, an additional fee shall be payable. Disconnection fees shall be set by time to time by resolution of the board of trustees of the village. (Ord. 2012-10-02A, 10-2-2012)
C. Delinquent Charges; Collection:
1. All user charges levied under the provisions of this chapter shall be liens upon the real estate upon or for which service is supplied, as provided by law; however, such liens shall not attach to such real estate until such charges have become delinquent. For the purposes of this section, a charge shall be determined delinquent fifteen (15) days after the billing has been mailed. The village shall send to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number, a copy of each delinquency notice sent to the person who is delinquent in paying the charges and a notice that the unpaid charges or rates may create a lien on the real estate. The village shall file notice of the lien in the office of the recorder of the county in which such real estate is located. The notice shall consist of a sworn statement setting out:
a. A description of the real estate sufficient for the identification thereof;
b. The amount of money due for such service; and
c. The date when such amount became delinquent.
2. In addition to any other method of collection as herein provided or as is provided by law, the village shall also have the power and authority to sue the occupant or user of that real estate in a civil action to recover money due for water and/or sewer services, plus costs and a reasonable attorney fee to be fixed by the court.
3. Judgments recovered by the village before any court pursuant to state and federal ordinances shall draw interest at the rate of nine percent (9%) per annum from the date of recording until released. (Ord. 628, 7-17-1995)
4. Liens filed and recorded by the village pursuant to state statutes and village ordinances shall draw interest at the rate of nine percent (9%) per annum from the date of recording until released. In addition thereto, costs may be assessed against each lien filed and recorded. These costs shall include the actual costs incurred by the village as assessed by the county recorder and an administrative fee in an amount equal to fifty percent (50%) of the county recording fee, and may, at the sole discretion of the user, include a release of lien fee in the amount as assessed by the county recorder and an administrative fee in an amount equal to fifty percent (50%) of the county recording fee; and if release of lien fee is paid, the village, at no additional costs to the user, shall obtain, on user's behalf, the release of lien. (Ord. 2006-03-21A, 3-21-2006)
5. The village shall send statements to each user or customer on a monthly basis indicating the use data. Each billing shall become due fifteen (15) days after mailing. A service charge of ten percent (10%) shall be added to the bill if not paid within fifteen (15) days after mailing. Bills of single users with multiple water meters or flow meters shall be considered as one bill, and if any portion thereof is unpaid, the entire amount shall be considered as delinquent.
6. In the event a bill is not paid within fifteen (15) days after mailing and has, therefore, become delinquent as provided herein, the village shall have the power, in addition to the other powers herein granted, to refer the bill for collection to a collection agency, or other appropriate parties or agencies, for collection. At the time of such referral, the village shall make an additional charge to the user in the amount of twenty five dollars ($25.00), which charge shall be added to the user's delinquent bill. It is hereby determined that such additional charge is reasonable and proper in order to help the village defray its costs of collection.
7. If a customer disputes the amount of the water bill charged him, or a customer questions the accuracy of the meter for which data for computing the bill was obtained, then the village will, at the written request of the customer, cause tests and examinations of the meter to be made to determine its accuracy. If it is found as a result of such test that the meter registers a greater or less amount of water than is actually passed through it in excess of the allowable variation of two percent (2%), the public works department shall have authority to adjust the error either positively or negatively so that the water charge against the customer shall be that computed for the amount of water that actually passed through such meter. In no case, however, where water service has been rendered for six (6) months or a portion thereof, shall the bill be adjusted below the minimum charges as set by this chapter; and provided also, that no such adjustment shall be made if request for adjustment has not been made prior to the time such bill becomes delinquent. No charges shall be made for water leaking from the service pipe that has not passed through the meter nor shall any deduction or allowance be made with respect to the bill on account of leakage after water has passed through the meter.
D. Turn On After Disconnection: Any person who shall turn on or cause to be turned on the supply of water to any premises from which the supply of water has been turned off by order of the village on account of nonpayment of water services, rents, charges or benefits, without receiving permission or authority so to do, shall be guilty of a misdemeanor. Each and every day for which the water is turned on after the water is turned off shall be construed as a separate and distinct offense. (Ord. 628, 7-17-1995)
E. Administration And Processing Of Accounts: Village staff may promulgate administrative rules and regulations to address day to day issues, as they may arise, regarding the collection, service termination, and delinquencies of water billing accounts, so long as these policies are not inconsistent with any provision adopted herein. (Ord. 2015-12-01A, 12-1-2015)