(A) Delinquent accounts.
(1) In the event the charges for service are not paid within 30 days after rendition of the bill for service, the charges shall be deemed delinquent. A notice of discontinuation of service in the amount of the delinquency shall be sent in writing to the utility customer on record. As applicable, at the village’s discretion, a copy of the notice of discontinuation of service may be sent to the taxpayer whose name appears on the real estate tax bill for the parcel as the owner of the premises (also known as “owner of record”), the occupant of the premises, and the user of the service by U.S. Postal Service. Such notices should state that discontinuation of service will occur within 72 hours of the date of delivery of the notice and that delinquency could also create a lien against the property.
(2) In addition to such notice, the account shall be assessed a fee as listed in the Comprehensive Fee Schedule (Tinley Park Code of Ordinances, Table of Special Ordinances, Table XI).
(3) In the case of buildings with three or more residential apartments, notice of discontinuation of service shall also be provided to all tenants pursuant to the provisions of the Rental Property Utility Service Act (ILCS Ch. 765, Act 735 § 0.01). In accordance with said Act, this notice shall contain the following information:
(a) The specific date, no sooner than ten days after the notice is rendered, that utility service is subject to termination;
(b) A statement of the tenants’ statutory right either (i) to pay the utility company the amount due and owing by the landlord and to deduct the amount paid to the utility company from the rent due on the rental agreement or (ii) to petition the court for appointment of a receiver to collect the rents due for use and occupancy of the building and remit a portion to the utility company for payment of utility bills;
(c) The dollar amount of the utility bills due and owing on the date such notice is given and the average monthly utility bill; and
(d) The name and telephone number of any legal services agency within the utility company’s service area where the tenants may obtain free legal assistance. Any notice provided to tenants of a building under this Act shall be of a conspicuous size, on red paper, and in at least 14-point bold face type, except that the words “notice of (utility service) termination” shall be in 36-point bold face type if the notice is posted, and shall state:
“It is unlawful for the landlord or his or her agent to alter, deface, tamper with, or remove this notice. A landlord or his or her agent who violates this provision is guilty of a Class C misdemeanor.”
(B) Service discontinuation.
(1) If an owner, tenant, or other user of village utility services wishes to discontinue service, a final reading of the water meter must be requested, and a final bill prepared. The consumption determined from the final meter reading will be rounded up to the next whole billing unit as provided under §§ 50.023C, 51.094D, and 51.095B for purposes of computing the final bill. Said final bill must be paid in full before service can be transferred into the name of a new owner, tenant, or other user.
(2) In the case of a delinquent account (i.e., a past due balance on a utility account), if the bill remains unpaid, and the owner, occupant or user does not request a hearing within the time allowed under division (E), fails to appear for a scheduled hearing, does not successfully dispute the bill at the hearing, or come to a settlement in relation to the bill, such utility service shall be disconnected at the village’s convenience.
(C) Lien. If the amounts owed remains unpaid, and the owner, occupant or user does not request a hearing within the time allowed under division (E), fails to appear for a scheduled hearing, does not successfully dispute the bill at the hearing, or come to a settlement in relation to the bill, a notice of lien may be prepared consisting of a sworn statement setting out a description of the real estate upon or for which service was supplied, the amounts of moneys due, and the date or dates when the amounts became delinquent.
(1) A copy of the notice of lien shall be sent to the taxpayer whose name appears on the real estate tax bill for the parcel as the owner of the premises (also known as the “owner of record”) and shall be recorded by the village in the office of the County Recorder in the county in which the property is located. In all cases where a lien, or a release the lien, has been recorded, a fee shall be charged in addition to the delinquent and any current charges, including such additional charges as provided under this section, §§ 50.029, 50.030 or 50.056, as listed in the Comprehensive Fee Schedule (Tinley Park Code of Ordinances, Table of Special Ordinances, Table XI) in addition to the recording fees charged by the county. Each recorded document (e.g., lien or lien release) will incur a separate fee.
(2) Property subject to a lien for unpaid utility charges may be sold for nonpayment of same at the discretion of the village. The proceeds of the sale shall be applied to pay the charges, after deducting the costs, as is the case in the foreclosure of statutory liens. A foreclosure shall be by bill in equity in the name of the village. When directed by the President and Board of Trustees of the village, the Village Attorney is authorized and directed to institute proceedings in a civil action in the name of the village in any court having jurisdiction of such matters, to recover the money due for services rendered plus reasonable attorneys’ fees as provided under § 50.030. Judgment in such a civil action shall operate as a release and waiver of the lien for the amount of the judgment.
(D) Purchasers of a property which has accumulated and outstanding unpaid charges for utility services are liable, as subsequent owners of the property, for the unpaid charges, plus any fees or fines related thereto. Future utility service will be denied if said amounts are not paid upon purchase, and/or the village may act to foreclose any utility lien filed against the property as provided in this section.
(E) Hearing.
(1) The owner, occupant, or user of village utility services has an opportunity to dispute or discuss a utility bill, or delinquent account by requesting a hearing prior to the date that discontinuation of service will occur as provided in the notice of discontinuation issued under this section.
(2) Upon receipt of said request, a hearing will be scheduled before the Village Manager, or designee, prior to discontinuation of service.
(3) The village may, at its discretion, provide the owner, occupant, or user an opportunity to come to a settlement in relation to the amounts owed.
(Am. Ord. 2002-O-075, passed 11-19-02; Am. Ord. 2019-O-032, passed 6-18-19; Am. Ord. 2019-O-081, passed 12-17-19; Am. Ord. 2022-O-015, passed 2-1-22; Am. Ord. 2023-O-056, passed 10-3-23)