Chapter 13.12
WATER RATES AND CHARGES
Sections:
13.12.020 Water meter charges.
13.12.080 Bills – Penalty for late payment – Persons liable.
13.12.085 Water service termination.
13.12.090 Charge for premises outside the village.
13.12.100 Construction contractors.
13.12.130 Foreclosure of lien.
13.12.140 Fee for water turn-off and on service.
13.12.010 Meters required.
All premises using the village water supply must be equipped with an adequate water meter furnished by the village but paid for by the consumer. In the event of damage to the meter or to any of its appurtenances, all repairs, to include labor, shall be paid for by the person in whose name the water account is registered, or in the event of a tenant, the landlord jointly with the tenant. If the meter or its appurtenances fail due to normal wear and tear the village shall replace the failed items at no cost to the rate payer. (Ord. 99-09, 1999)
13.12.020 Water meter charges.
A. Whenever it is proposed to install a water meter and/or a trace head the charges shall be based on the cost to the village of the equipment plus twenty percent.
B. Notwithstanding any of the charges set out in subsection A of this section, in the event the village shall require the installation of a compound meter of the type and make required at the option of the village, the charge shall be based on the cost of the meter, plus twenty percent.
C. Over two inches shall be a compound meter of the type and make required at the option of the village and the charge shall be based on the cost of the meter plus fifteen percent. (Ord. 2005-01 § 1, 2005; Ord. 95-15 § 1, 1995)
13.12.030 Access.
Meters shall be installed in a location that will be easy of access.
13.12.040 Reading meters.
The superintendent of public works shall read or cause to be read every water meter used in the village at such times as are necessary that the bills may be sent out at the proper time.
13.12.060 Testing meters.
A. A municipal meter shall be taken out and tested upon written complaint of the consumer and upon payment by the consumer of a fee for such testing which is equal to the cost of testing, shipping and a fifteen percent charge of labor.
B. If a meter test results in the meter running at one hundred two percent of normal or greater (meter running fast) the consumer will be given a refund of the percentage of the amount over one hundred percent as applied to the last six months of municipal utility billing that is based on water usage. In addition, for a meter running fast, the meter testing fee will be refunded to the consumer. Should the meter test result in the meter running at ninety-eight percent of normal or less (meter running slow) the consumer will be charged the percentage of the amount under one hundred percent as applied to the last six months of municipal utility billing that is based on water usage. (Ord. 2005-01 § 2, 2005; Ord. 99-09, 1999; Ord. 94-7 § 1, 1994)
13.12.070 Rates.
The rates for water from the municipal water distribution system shall be as follows; provided, that bills for water so consumed are paid within fourteen days of the date the bill therefor is rendered; if not paid within fourteen days, then a penalty of ten percent of the bill shall be paid.
Beginning on the next billing cycle, nine dollars and fifty cents per thousand gallons shall be the rate charged to persons, firms or corporations consuming water each month; provided, however, that in the event any water meter registered for any one reading period as fixed by ordinance any number of gallons, the cost of which amounts to less than nineteen dollars, then and in that event there shall be charged to the consumer the minimum charge of nineteen dollars. (Ord. 2018-08 § 3, 2018; Ord. 2015-28 § 3, 2015; Ord. 2011-31 § 1, 2011; Ord. 2010-07 § 1, 2010; Ord. 2007-52 § 1, 2007; Ord. 2006-02 § 1, 2006; Ord. 2005-02 § 1, 2005; Ord. 2003-41 § 1, 2003; Ord. 2000-36 § 1, 2000; Ord. 2000-11 § 1, 2000; Ord. 99-19, 1999; Ord. 98-21 § 1, 1998; Ord. 96-28 § 1, 1996; Ord. 96-3 § 1, 1996; Ord. 94-46 § 1, 1994; Ord. 94-6 § 1, 1994; Ord. 94-1 § 1, 1994; Ord. 92-36 § 1, 1992; Ord. 92-32 § 1, 1992; Ord. 92-9 § 1, 1992; Ord. 91-27 § 1, 1991; Ord. 90-9 § 1, 1990; Ord. 89-11 § 1, 1989; Ord. 85-8 § 1, 1985; Ord. 82-5, 1982)
13.12.080 Bills – Penalty for late payment – Persons liable.
Bills for water service shall be rendered every two months and shall be delinquent fourteen days after their rendition; and in the event of failure to pay the bills within the fourteen-day period, an additional charge of ten percent shall be added to the bill. Accounts not paid within thirty days following the date of the bill shall be subject to disconnection as set forth in this chapter.
Except in the case of a multifamily dwelling where such units are not individually metered, the owner of any premises to which water service is rendered, the occupant thereof, and the user of the service shall be jointly and severally liable to pay for such service and such service is to be provided by the village only upon condition of such joint and several liability. The village clerk is hereby authorized to implement reasonable rules and regulations to implement this section. (Ord. 2014-30 § 3, 2014; Ord. 2013-27 § 5, 2013; Ord. 2009-07, 2009; Ord. 98-26 § 1, 1998; Ord. 97-30, 1997; Ord. 90-9 § 2, 1990; Ord. 84-18 § 1, 1984; Ord. 84-10 § 1, 1984)
13.12.085 Water service termination.
The delivery of water service from the village water main to any building, structure or premises shall be subject to termination in any of the following instances and in such instances the village shall have the right to shut off the service pipe connecting the water main with said building, structure or premises:
A. When the invoice for water charges theretofore delivered to said building, structure or premises is not paid on or before the thirtieth day following the date of the bill. The village shall have the right to turn off the water service and, upon termination, water service shall not again be resumed until all arrears and any fees under RMC 13.12.140 are paid to the village for resumption of service. The village will provide written notice of impending termination of water service to the customer at least seven days prior to termination of such service. The notice shall state the delinquency could result in a lien being filed against the property and that the service will be terminated on the stated date unless all service fees and other charges are paid in full or the village clerk receives a written request from the owner, occupant or user, within seven days after mailing of the termination notice, disputing the delinquent payment, in which case a hearing will be scheduled before the village clerk or his/her designee prior to discontinuation of service. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing.
1. The bill, notice of a water service charge or notice of delinquent payment of a water service charge shall be prima facie evidence that the utility customer identified in the statement or notice is liable for such bill, charge or fee.
B. When a duly authorized official or employee of the village designated to read, inspect, test, or repair meters is denied permission to read, inspect or test a meter, or repair or replace a meter installed at such building, structure or premises. Such denial shall be construed to include failure by the owner to remove any obstructions or encasements or any other interference which would prevent reading, repairing or replacement of a water meter. Failure of any owner to permit entry or access as herein set forth, after five days’ written notice of such denial of access, shall result in the village right to terminate the water service without further notice, and, upon termination, water service shall not be again resumed until the terms and provisions of this title are fully complied with to the satisfaction of the village, and any charge incurred pursuant to RMC 13.12.140 is paid.
C. When any waste or misuse of water service, sewer service or combined water and sewer service is allowed, on account of improper or failing service pipes, fixtures or openings, or plumbing systems generally, or any failure on the part of the owner to keep the same in suitable condition or repair so as to prevent the waste of water service, sewer service or combined water and sewer service, the village shall have the right to turn off the water service and, upon termination, water service shall not again be resumed until all repairs are executed and water or sewer service return to a suitable condition. The village shall provide written notice of impending termination of water service to the customer at least ten days prior to the termination of such service and to advise the customer of a right to request a hearing to dispute the proposed termination. Such requests must be made in writing to the village clerk by the owner, occupant or user. In the event that the village clerk receives such a request within ten days after mailing of the termination notice, disputing the termination of water service, a hearing will be scheduled before the village clerk or his/her designee prior to discontinuation of service. Failure to request to attend a scheduled hearing shall be deemed a waiver of the right to a hearing. (Ord. 2018-20 § 3, 2018; Ord. 2014-30 § 4, 2014; Ord. 2013-30 § 3, 2013; Ord. 2013-27 § 6, 2013)
13.12.090 Charge for premises outside the village.
The charge for water furnished to premises outside the village limits, where authorized by the board, shall be fifty percent above current rates for sale of water within the village.
13.12.100 Construction contractors.
A. During the construction of any building and before any water is installed, as is hereafter provided, the contractors so constructing such building may be permitted to use the municipal water supply by making application therefor, and paying the fees set out in this section.
B. Whenever a building permit is issued for the purpose of construction in which water shall be used from the village water system and before water meters are installed, the following charges shall apply:
1. Single-family dwelling: one-tenth of one percent of the construction price for construction of masonry walls; one-tenth of one percent of the construction price for the construction of plastered walls;
2. Two-family dwelling: one-tenth of one percent of the construction price for the construction of masonry walls; one-tenth of one percent of the construction price for the construction of plastered walls;
3. Multiple-family dwelling and/or apartment buildings: one-tenth of one percent of the construction price for the construction of masonry walls; one-tenth of one percent of the construction price for the construction of plastered walls;
4. Commercial and industrial and all other types of buildings or structures not previously related: one-tenth of one percent of the construction price for the construction of masonry walls; one-tenth of one percent of the construction price for the construction of plastered walls.
13.12.120 Lien.
A. Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water services remains unpaid sixty days after it has been rendered, the clerk may file with the recorder of deeds of Cook County 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 village claims lien for this amount as well as for all charges for water served subsequent to the period covered.
B. If the consumer of water whose bill is unpaid 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 sixty days after it has been rendered.
C. The failure of the clerk to record such lien claim or to mail such notice shall not affect the right to foreclose the lien for unpaid water bills as mentioned in RMC 13.12.130.
13.12.130 Foreclosure of lien.
A. Property subject to a lien for unpaid water charges shall be sold for nonpayment 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.
B. The village attorney is authorized and directed to institute proceedings, in the name of the village, in any court having jurisdiction over such matters, against any property for which a water bill has remained unpaid sixty days after it has been rendered.
13.12.140 Fee for water turn-off and on service.
Whenever it is necessary, in accordance with the ordinances of the village, to either turn on or off water service, there is hereby imposed a one-hundred-dollar fee for each such service. Any repairs required to be made to inside and/or outside water meter wire, automatic registers, or reading devices shall be charged fifty-five dollars for labor plus the cost of materials. Emergency shut-offs which are required to be made outside of the normal operating hours for the public works department shall be assessed a cost of one hundred twenty-five dollars. Water will not be turned on until these fees are paid. (Ord. 2015-23 § 3, 2015; Ord. 2010-02 § 1(e), 2010; Ord. 2008-13 § 1, 2008)