(A) In general. The Village Council shall establish, by resolution, rates and charges for services of the water supply system. The rates and charges set by the Village Council shall take into consideration all aspects of the operation of the system including administration, operation, maintenance, debt service, replacement and depreciation.
(B) No free service. No free water service shall be furnished to any person, firm or corporation, public or private, or to a public agency or instrumentality.
(C) Contracts for service and rates and charges for service outside of the village; franchise contracts; outside village service.
(1) The village may enter into contracts with certain townships whereby the village receives consideration in exchange for providing certain capital costs, and other indirect costs, of providing service to users of the water supply system located in those townships. Rates and charges billed for use by the user of those townships shall be in accordance with an applicable contract.
(2) In the event a nonresident is served by the water supply system and whose premises is not located within an Act 425 or Franchise Contract area, the rates charged for readiness to serve charge and commodity usage shall be multiplied by two times for residential service.
(D) Payment of charges by village, exception. The village shall pay for all water used by it at the rates established by ordinance. The water used through a fire hydrant by the village is hereby deemed to be a public benefit and there shall be no charge for service. Charges against the village shall be payable in monthly installments from current funds of the village.
(E) Illegal disconnection, connection or tampering with a water meter. For illegally disconnecting, connecting or tampering with a water meter, the property owner shall be charged two times the cost of the last monthly billing. No service shall be provided until such bill is paid in full. If not paid, such cost shall be added to the property taxes and collected as delinquent.
(F) Fee for water turn-off and turn-on. If service is discontinued, a fee, as established by Council, shall be charged to turn the utilities off and back on.
(G) Final readings. At least 24 hours notice shall be given to the village for a final notice reading on a property. If such time limit cannot be given, a fee, as established by Council, shall be made to perform the work on an emergency basis.
(H) Contracts for service. No user shall receive service from the water supply system without first completing a contract application and providing evidence of ownership of the property to be served or, if the user rents or leases the property being served, until providing sufficient deposit with the village to be retained by the village until the renter leaves the property being served. No utility service will be activated without a signed contract, and no billings shall be made to "occupant" or any person other than the owner of the property being served, or a tenant who has complied with the requirements of this section, or such other person as the Village President approves.
(I) Billing cycle; penalty; collection. The Director shall have charge of the reading of all meters and shall have all meters read at least quarterly. Bills for water service shall be due and payable when rendered. There shall be added to all bills not paid on or before the twentieth day of the month a penalty of 10% of the amount of the bill. The Treasurer shall be responsible for collecting all charges and crediting the proper account.
(J) Non-payment of bills. All bills not paid shall result in the termination of water service to the premises. No user who has had his or her water shut off shall reactivate his or her service by their own action. The village may disable the service to prevent future reactivation.
(K) Liens.
(1) By Section 21 of Act 94 of the Public Acts of 1933, as amended, and by the terms of this chapter, the rates and charges for services furnished by the water supply system shall be liens on the property served. The village shall certify those rates and charges delinquent for six months or more to the Village Tax Assessing Officer, who shall enter the amount of the delinquent rates and charges on the tax roll against the premises to which the service was rendered, and who shall collect the rates and charges and enforce the lien in the same manner as provided for the collection of ad valorem property taxes assessed upon the same roll and the enforcement of the lien for taxes.
(2) For premises equipped with a separate water shut-off, in all cases where a tenant represents to the village, by filing an affidavit evidencing the legal execution of a lease containing a provision that the lessor shall not be liable henceforth for payment of water or sewage system bills, then the tenant shall pay to the village a deposit as set by resolution of the Village Council from time to time as security for payment of future rates and charges. If the tenant fails to pay rates and charges the delinquent rates and charges shall not become a lien against the premises. The village shall, however, cease to provide water service to the tenant's premises until the tenant pays the delinquent charges in full.
(Ord. 211, passed 11-8-2010) Penalty, see § 10.99