A. Collection Of Bills: It is hereby made the duty of the Water Department of the City to render bills for water and sewerage service, or either of them, and all other charges in connection therewith, and to collect all monies due thereon.
B. Liability For Bills: The owner of the premises and the occupant thereof and the user of either water or sewerage service, or both water and sewerage service, shall be jointly and severally liable to pay for the service on said premises, and the service is furnished to the premises by the City only upon the condition that the owner of the premises, occupant and user of the service, are jointly and severally liable therefor to the City.
C. Due Dates: Bills shall be rendered every two (2) months or six (6) times per year and shall be payable within fifteen (15) days after the date thereof, without a discount, and such bills shall be forwarded to the owner of said premises.
D. Delinquencies:
1. Delinquent Charges: If the charges for water and sewerage services, or either of them, are not paid within fifteen (15) days after the rendition of the bill for such services, a charge shall be added thereto for the City’s added costs due to delayed payment and thereupon said total charges shall become immediately due and payable, and if not paid within an additional fifteen (15) days, the water and sewage service, or either of them, shall be discontinued after notice to the owner or occupant of the premises receiving service. Applicable fees are provided for in the City of Sycamore Consolidated Fee Schedule. Provided, that said owner or occupant may request a hearing with the City Manager prior to discontinuance and the City Manager shall have the sole discretion to rescind or delay said discontinuance.
2. Lien: In the event said rates or charges for water and sewerage service, or either of them, and the penalties due thereon are not paid within the period aforementioned, such charges, together with penalties, shall be deemed and are hereby declared to be delinquent and thereafter such delinquencies shall constitute liens upon the real estate for which such services are supplied, and the City Clerk is hereby authorized and directed to file sworn statements showing such delinquencies in the Office of the Recorder of Deeds in DeKalb County, and the filing of such statements shall be deemed noticed for the payment of such charges and penalties for such services.
3. Civil Action: In addition to any other method of collection as herein provided or as is provided by law, the City shall also have the power, from time to time, to sue the occupant or user of the real estate involved in a civil action to recover money due for sewerage services plus a reasonable attorney fee to be fixed by the court.
4. Termination: In the event that any user fails to pay the billed charge for thirty (30) days after the due date, the City may proceed to terminate service and serve termination notice upon such user as provided in subsection 8-4-6N of this title.
E. Reinstatement Charge: In the event of discontinuance, services shall not, however, be reinstated until all past due charges of any sort are paid in full, together with an additional charge as set by the City of Sycamore Consolidated Fee Schedule for the cost of reinstatement.
F. Revenues:
1. Delivery To City's Chief Financial Officer: All revenues and monies derived from the operation of the combined water system and sewerage system shall be held separate and apart from all other funds of the City, and all of said sums, without any deductions whatsoever, shall be delivered to the City's Chief Financial Officer or an authorized representative not more than three (3) days after the receipt of the same or at such more frequent intervals as may, from time to time, be directed by the City Council.
2. Water Fund And Sewerage Fund: The City's Chief Financial Officer or an authorized representative shall receive all such revenues from the water system and sewerage system and all other funds and monies incident to the operation of the systems, as the same may be delivered to him, and deposit the same in a separate fund designated as the "Water Fund" and the "Sewerage Fund" of the City and he shall administer the funds in every respect in the manner provided by statute 1 .
3. Accounts: The City's Chief Financial Officer or authorized representative shall establish a proper system of accounts and shall keep proper books, records and accounts, in which complete and correct entries shall be made of all transactions relative to the water system and sewerage system. The adequacy of the water service charge and the sewerage service charge shall be reviewed, not less frequently than annually, by the certified public accountants for the City in their annual audit report. The water service charge and sewerage service charge shall be revised periodically to reflect a change in local capital costs or operation, maintenance and replacement costs.
G. Access To Records: The Illinois Environmental Protection Agency ("IEPA") or its authorized representative shall have access to any books, documents, papers and records of the City which are applicable to the City system of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of the loan agreement and rules or any State loan.
H. Appeals: The method for computation of rates and service charges established for water and sewer user charges in sections 8-5-1 and 8-5-2 of this chapter shall be made available to a user within ten (10) days of receipt of a written request for such. Any disagreement over the method used or in the computations thereof shall be remedied by the City Manager within thirty (30) days after notification of a formal written appeal outlining the discrepancies.
I. Uncontrolled Water Loss: In the event that an unexpected uncontrolled water loss occurs to an owner occupied residential user, the user’s water bill may be adjusted to the average bimonthly charge over the prior two (2) years, or the period of time that the owner has resided at the residence, whichever is less. This relief shall only apply to owner occupied residential users; the billing adjustments shall be made only in the event of a plumbing problem that is either unknown or beyond the control of the property owner; it shall be clear that the extraordinary water consumption was not owing to some planned use, e.g., filling a pool or spa, lawn watering, etc.; as a general guideline, the water/sewer bill should be three (3) times the average billing for the residence; the property owner shall show that insurance will not cover the cost of the water loss; the property owner shall show that all the necessary steps have been taken to correct the problem; and, the residential user’s account must be current with no outstanding balances or late charges. Only one claim shall be allowed per residential user and the user’s name and address shall be logged for reference in the event of a future claim. (Ord. 2003.19, 6-2-2003; amd. Ord. 2023.04, 5-1-2023)
Notes
| 1 | 1. 65 ILCS 5/11-139-9. |