Article II: Rates and Regulations
DIVISION I – REGULATIONS
38-2-1 CONTRACT FOR SERVICES.
(A) Customer Accepts Service. The rates, rules and regulations contained in this Chapter shall constitute and be considered a part of the contract with every person, company or corporation who is supplied with water services from the water system and every person, company or corporation hereinafter called a “customer” who accepts and uses Village Water Services shall be held to have consented to be bound thereby.
(B) Not Liable for Interrupted Service. The Department will endeavor at all times to provide a regular and uninterrupted supply of service, but in case the supply of service shall be interrupted or irregular, or defective, or fail from causes beyond its control or through ordinary negligence of employees, servants, or agents, the Department shall not be liable therefore.
(C) Using Services Without Paying. Any person using utility services from the Village without paying therefore, or who shall be found guilty of breaking the seal of any meter or appurtenances or by-pass the meter shall, upon conviction, be fined a sum as is provided in Section 1-1-20 of this Code.
(D) Destroying Property. A person found guilty of defacing, tampering, injuring or destroying, or in any manner limiting the use or availability of any meter or any property of the utilities, or erecting signs on the property of the utilities without permission shall, upon conviction of such act, be fined as provided in Section 1-1-20 of this Code.
(E) Service Obtained by Fraud. All contracts for utility services shall be made in the name of the head of the household, firm or corporation using the established spelling of that person’s or firm’s name. Attempts to obtain service by the use of other names, different spellings or by substituting other persons or firms will be considered a subterfuge and service will be denied. If service has been discontinued because of non-payment of bills or any unpaid obligation, and service again has been obtained through subterfuge, misrepresentation or fraud, that service will be promptly disconnected and the whole or such part of the advanced payment as may be necessary to satisfy the unpaid obligation shall be retained by the Village and credited to the appropriate account.
(F) Full Payment Required. Statements for utility services in the Village shall be combined into a single statement, rendered every month, showing the amount charged for utility services. Such statements so rendered shall not be payable in part, and no payment other than that of the entire bill shall be accepted.
(G) Request to Discontinue Service. Water shall have been deemed to have been supplied to any property connected to the waterworks system during a month, unless the water user notifies the Village Clerk prior to the first day of the month in which water is to be discontinued.
(H) Billing; Utility Shut-off; Hearing.
(1) All bills for utility services shall be due and payable upon presentation. If a bill is not paid by the 17th day of the month or within 17 days of the date the bill is presented, whichever is later, a penalty equal to 10% of the amount due on said bill shall be added thereto. This penalty shall be in addition to the charge heretofore established for the utility services.
(2) If a utility bill is not paid within 17 days following billing, then the Village shall notify the customer of such failure to pay by first-class mail. The notice to the consumer shall state:
(a) Name and address of the consumer and the amount of his bill;
(b) The date, time, and location of the hearing to be held;
(c) That the consumer has a right to be heard and to present evidence in his behalf;
(d) That if the consumer fails to appear at the hearing, the consumer’s utility service shall be terminated without further proceedings.
(3) The time, date, and location of the hearing shall be determined by the Mayor of the Village Board, the Village Clerk, or the designee of the Mayor. The Mayor, Village Clerk, or designee shall preside over the hearing. The Mayor, Village Clerk or designee of the Mayor shall make a final determination as to the rights of the consumer and the Village based on the information received at the hearing.
(4) The consumer shall be notified within 2 working days of the decision rendered by the hearing officer. If the service is to be discontinued, a date and time will be set out in the notice to terminate the service or services of the consumer. Notice of the hearing officer’s decision shall be made by first-class mail. The owner of the property shall be notified of the delinquency also.
(5) If the hearing officer decides in favor of the Village, the Village shall have the right to discontinue the consumer’s services. Should the consumer fail to appear at the hearing or should the notice be returned non-accepted, then the Village shall also have the right to terminate the consumer’s utility services without further proceedings.
(6) Once utility services have been disconnected, the same shall not be again connected or used until all delinquent accounts and bills of service are paid in full, including a fee of $25.00 for each connection of such utility services, plus expenses incurred in the reconnecting of the utility services.
(I) Lien Notice. Whenever a bill for utility services remained unpaid for 90 days after it has been rendered, the Clerk shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the municipality claims a lien for this amount as well as for all charges for utility services served subsequent to the period covered by the bill.
If the consumer is not the owner of the premises and the Clerk has notice of this, then notice shall be mailed to the owner of the premises if his address is known to the Clerk whenever such bill remains unpaid for a period of 90 days after it has been rendered.
The failure of the Clerk to record such lien or to mail such notice, or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid utility bills as mentioned herein.
(J) Foreclosure of Lien. Property subject to a lien for unpaid utility charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the Village.
The Village Attorney is hereby authorized to institute such proceedings in the name of the Village in any court having jurisdiction over such matters, against any property for which the bill for utility services has remained unpaid 90 days after it has been rendered.
38-2-2 CONSUMER LISTS. It is hereby made the Village Clerk’s duty to prepare or cause to be prepared a complete and accurate list of all premises and properties receiving utility services, showing the name and address of the occupant, and the owner of the same. The list shall be kept up-to-date, and shall be corrected from time to time to allow changes in the occupancy or ownership of any such property or premises. It shall be presented at the regular monthly meeting.
38-2-3 LIABILITY FOR CHARGES. The owner of any lot, parcel of land or premises receiving utility services, the occupant of such premises and the user of the services shall be jointly and severally liable for the payment of the services to such lot, parcel of land or premises and all services are rendered to the premises by the Village only on the condition that such owner, occupant and user shall be jointly and severally liable therefore to the Village.
38-2-4 ESTIMATED CHARGE. Whenever any meter, by reason of its being out of repair, or from any cause, fails to properly register the water passing through the same, the consumer shall be charged at the rate shown for the corresponding time of the previous year. If no record of the previous year exists, then it shall be the duty of the Superintendent to estimate the amount of service consumed during the time the meter fails to operate, and the consumer shall be charged with such estimated amount.
38-2-5 UTILITY DEPOSITS –RENTERS.
(A) Residential. When any application is made for utility services in accordance with the provisions of this chapter, all applicants of rented or leased property for which the service is requested shall deposit with the application the following amounts:
Residential – inside city limits: $40.00
Where the amount of the deposit provided above is not sufficient to adequately protect the Water Department, a greater amount than stated above may be required, based
on the consumer’s estimated bill for a customary billing period.
(B) Security for Payment – No Interest. The deposits made under the provisions of this chapter shall be held by the Village as security for the payment of water services used by the applicant upon the premises to which his application pertains, and may be so applied when any default is made in the payment in the water bill in accordance with this chapter. The depositor shall earn no interest.