(A) Generally. From and after 11-1-1988, charges for sewage transmission, treatment, disposal, and debt service to each user connected to the system shall be as follows.
(1) Charges; fees.
(a) For each single-family residential premises or single-family residential equivalent served by the sanitary sewage system, there shall be, subject to revision by resolutions of the Village Council, a sewer service charge of: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis.
(b) The fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis. for any monthly bill not paid by the twentieth day of the month in which it is due shall also be charged.
(2) Adoption. For all other users of the system, and except as otherwise provided, the village adopts a Table of Unit Factors for the village wastewater collection and treatment system which table is in Appendix A of this chapter. This table shall set forth and identify the user class and all applicable factors to be multiplied by the monthly charge established for single-family residential premise which is designated as a residential equivalent (RE). This table may be modified or amended from time to time by resolution of the Village Council.
(3) Interpretation. Rules for interpreting the Table of Unit Factors are:
(a) The minimum equivalent factor for all users shall be one RE;
(b) Equivalent units for users not originally contained in this table may be added from time to time by resolution of the Village Council; and
(c) Where multiple businesses exist at one location, the various businesses located therein shall be considered separately in determining the equivalent units (number of RE's) at the location, unless the owner has had installed a water meter which measures usage for each individual unit located there, in which case, the equivalent use shall be determined as provided in division (A)(3)(b) above.
(4) Revision and modification of equivalent units.
(a) Review. The equivalent units of users having an equivalent unit factor of more than one RE shall be reviewed by the village at least once each year. Unless the equivalent unit factor of the user is changed by resolution of the Village Council on or before the fifteenth day of the last month preceding the commencement of the system's fiscal year, the equivalent unit factor of the user shall remain the same as it was for the preceding fiscal year. Failure to specifically review as provided shall not cause the factor to be omitted and shall not be considered grounds for its discontinuance.
(b) Review of metered users. The equivalent unit factor for the purpose of determining the service charge of any user having an RE factor for any individual unit or more than one and where the user has been required pursuant to ordinance or by agreement to install a meter to register water flow and has installed a meter or meters which separately measure(s) the flow from each unit within the structure, shall be reviewed and adjusted yearly to assure the equivalent unit factor assigned to the user is compatible with use. The formula for determining the equivalent unit factor for the users in the units for purposes of determining the service charge for the next fiscal year shall be as follows: average quarterly use during previous years divided by 20,200 gallons = equivalent unit factors (number of RE's).
(5) Appeal. A property owner having an equivalent unit factor of more than one may, upon written request, appeal to the Village Council.
(6) Effective dates for application of equivalent units. Where equivalent units are used to determine the connection, service and other charges of a property owner, the equivalent unit which shall be used in the calculation of the charges shall be the equivalent unit factor assigned to the factor as of the following dates:
(a) For calculating a direct connection charge, the date the property owner applies for the permit or the last day of the period during which he or she is required by this chapter to connect to the system, whichever comes first; and
(b) For calculating the operation, maintenance, and replacement service charge, the date the property owner's available sanitary sewer becomes operational and thereafter on the first day of the last month preceding the commencement of the system fiscal year.
(B) Village use. For the reasonable cost of sewage disposal services rendered by the system to the village and its various departments, the village shall pay according to the amounts set forth in the Table of Unit Factors in Appendix A of this chapter.
(C) Operation and maintenance surcharge. If the character of the sewage of any user shall impose an unreasonable additional burden upon the sewage disposal and/or transmission system of the village, then and in that event an additional charge shall be made over and above established rates. Effluent in excess of the maximum limitations imposed by this chapter shall be deemed prima facie subject to surcharge. If necessary to protect the system or any part, the village shall deny the right of any user to empty the sewage into the system. Surcharges required by this section shall be computed as the pro-rated share of the annual cost of operation and maintenance, including replacement, attributable to treating the substance multiplied by the ratio of weight of surchargeable excess of the discharged substance to the total weight of the substance that is treated in that year. This amount shall be collected on the basis of estimated surchargeable amounts with each periodic billing and shall be adjusted annually to reflect actual operation, maintenance and replacement costs. Surcharge rates shall be established by resolution of the Village Council and the amount and necessity of surcharge may be appealed by the user to the Village Council.
(D) Inspection fees. The cost of connecting private premises to the village sewer shall not be paid from the proceeds of any bond issue or from the revenues of the system but shall be paid by the property owners. In addition, each premise connecting to the facilities of the system shall pay a charge for the inspection of the connection. The charge shall be payable in cash upon application for permit to connect the system and shall be in the amount established by resolution of the Village Council. Each unit in a multiple commercial premise, each living unit in a duplex, apartment, or housing project and each mobile home space in a mobile home park shall be treated as a separate user and a separate inspection charge shall be made for each such user.
(E) Connection and capital charges.
(1) A capital charge in an amount to be determined by resolution of the Village Council shall be charged for each residential equivalent connecting to the system on or after the effective date of this chapter.
(2) In addition to the capital charge, a connection charge for the purpose of defraying the costs of construction shall be charged to each single-family residence or residential equivalent unit in an amount to be determined by resolution of the Village Council for the following classifications:
(a) For premises served by sewers installed and "available" for connection prior to 9-1-1988;
(b) For premises served by sewers installed and "available" for connection after 9-1-1988, unless the costs for the construction are defrayed by special assessment, in which case, the amount so established shall be paid; and
(c) For premises in a multi-unit development served by sewers constructed at the expense of the developer.
(F) Voluntary connections. Voluntary connections for owners of premises not subject to mandatory hookup may be allowed subject to capacity of the system to transport and treat the wastewater in accordance with the following.
(1) The owner shall pay the actual cost of all pipe, risers, stubs, wyes, or other apparatus and the costs of all labor necessary to accomplish the connection and in addition thereto, and shall pay all other fees and costs, including all capital connection charges established in this chapter.
(2) The connection to, and use of, the system by the premise shall be by gravity flow except by prior approval of the village.
(3) The surface of any disturbed right-of-way shall be returned to the condition at least equal to that existing before any excavation was undertaken.
(4) The owner shall obtain prior approval from the village of all plans, specifications, and materials to be utilized to accomplish the connection.
(5) All wyes, stubs, pipe, risers, or other apparatus not owned by the village shall, after installation and inspection, become for purposes of operation and maintenance, the responsibility of the owner. The responsibility of the village for operation and maintenance shall be limited to sewer mains, manholes, lift stations, and the wastewater treatment plant located within the village.
(6) Upon voluntary connection as set forth, the owner and premises shall be subject to all ordinances, resolutions, rules, and charges relating to use of the system then in effect and later adopted.
(G) Contractual rates. The foregoing provisions relating to rates shall not be construed as prohibiting any special agreement or arrangement between the village and the users or class of users whereby the sanitary wastes of unusual strength or character of the user or class of users may be accepted into the system, subject to payment by the user or class of users.
(H) Revision of rates and charges. The rates established by this chapter shall be reviewed at least annually and are estimated to be sufficient to provide revenues for the payment of the operation and maintenance costs, debt service charges, and any other charges and expenditures for the system. The rates shall be revised from time to time as required to maintain the fiscal integrity of the system and the same may be revised and fixed by resolution of the Village Council as may be necessary to produce the amounts required to pay the charges and expenditures and provide the funds necessary to maintain the financial integrity of the system.
(I) Deferring charges. No free service shall be furnished to any user of the system, and there shall be no waiver or forgiveness of charges levied pursuant to this chapter. Any resident eligible for deferment of payment of the fees and charges pursuant to the laws of the state shall be afforded ample opportunity to request the deferment or partial payment. In addition, by resolution of the Village Council, capital and connection charges may be paid in installments upon the terms as the Council prescribes.
(J) Enforcement of charges.
(1) Nonpayment of capital and connection charges. Nonpayment of charges shall subject the property owner to liability for the charges and penalties as provided for a late or delayed connection.
(2) Nonpayment of service charge.
(a) Discontinuance of service. In the event a service charge established pursuant to division (A) above remains delinquent for a period in excess of three months, the village shall have the right to shut off and discontinue water or sewer service to the user. The service shall not be reestablished until all delinquent charges, penalties and a charge for the discontinuance of the service shall be paid. This turn-off charge shall be established by resolution of the Village Council.
(b) Collection by litigation. In addition to discontinuing service to the user, the village shall have the option of collecting all the delinquencies and penalties due by legal proceedings in a court of competent jurisdiction.
(c) Collection by enforcement of lien. Capital and connection charges, permit fee and service charges for areas within the village, including penalties which remain delinquent for a period in excess of 90 days, shall constitute a lien on the premises served. The lien shall be perfected by the village official in charge of the collection, by certifying annually not later than September 1 of each year to the Tax Assessing Officer the fact and the amount of the delinquency. The charge shall then be entered by the Tax Assessing Officer of the village upon the next tax roll as a charge against the premises and shall be collected and the lien thereof enforced in the same manner as general taxes against the premises are collected.
(K) From and after 7-1-1989. From and after 7-1-1989, charges for sewer services to each premise served shall be established as follows:
(1) Operation, maintenance, and replacement:
(a) Nonmetered customer: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis; and
(b) Metered customer: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis.
(2) Debt service: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis; and
(3) Division (A) above is amended to modify any of its provisions to incorporate the above charges as may be necessary.
(Ord. 114, passed 11-7-1988; Ord. 117, passed 11-6-1989) Penalty, see § 51.99