§ 5-5A-14. Water consumption charges—Rates—Delinquencies.

A.

Water consumption charges shall be in accordance with the following schedule:

(1)

Residential: Any number of gallons*: seven dollars and seventy-five cents ($7.75) per one thousand (1,000) gallons.

*There shall be a minimum billing of ten dollars ($10.00) every month.

(2)

Commercial or Industrial: Any number of gallons*: seven dollars and seventy-five cents ($7.75) per one thousand (1,000) gallons.

*There shall be a minimum billing of ten dollars ($10.00) every month.

B.

Review of Charges. The adequacy of the water consumption and sewer user charges may be reviewed annually, by the certified public accountants for the Village in their annual audit report. The service charges shall be revised periodically to reflect changes in debt service or in operation and maintenance costs including replacement costs.

C.

Billing Dates. Water consumption charges shall be billed on a monthly, bi-monthly (two (2) month) or quarterly basis to all consumers. Sewer user charges may be similarly billed or may be billed annually.

D.

Owner/Occupant Liability. The owner of the premises served by the Village water system or sewer system, or both, the occupant thereof, the consumer of the water, and user of the sewer shall be jointly and severally liable to pay for the water consumed and use of the sewers as set forth herein and for maintaining the required security deposit.

E.

Failure to Pay—Service Disconnection Conditions. If the rates or charges for water consumption and/or sewer usage are not paid within thirty (30) days after the billing date, such services are subject to disconnection or discontinuation with such notice as the corporate authority may direct from time to time. After the thirty (30) day delinquency period and the shut off notice is delivered to the residence, the resident will be liable to pay in full, by the shut off dated indicated, the entire balance due on the account via cash or money order only.

F.

Civil Actions to Collect. In any civil action brought by the Village against the owner, occupant, user or consumer of the served premises for collection of the charges billed pursuant to this Chapter, the Village may seek and recover its reasonable attorney's fees as fixed by the court.

G.

Late Payment—Liability—Penalty Charge. If the amount payable by an owner of serviced premises, or consumer, or user of the water or sewer system is not paid to and received by the Village within fifteen (15) days of the date of billing, then the water consumption charge or the sewer user charge, as the case may be, shall be increased by ten (10) percent. The owner of the premises, and the occupant thereof, and the user/consumer of the service shall be jointly and severally liable to pay for water or sewer service provided to the premises and such service is provided to the premises by the Village only upon the condition that the owner of such premises, and the occupant, user and the consumer of such service are jointly and severally liable for rates, charges, penalties and interest therefor to the Village.

H.

Delinquent Payments—Notice.

1.

In the event the water consumption charges and/or sewer user charges, including any penalty and carrying charges, are not paid within fifteen (15) days after the billing date, such charges, penalty and carrying charges (if any) shall be deemed and are hereby declared to be delinquent and, thereafter, the Village may file a sworn or certified notice of lien claim with the Lake County Recorder of Deeds. This notice of lien claim shall include a description or permanent index number of the real estate sufficient for the identification thereof, the amount of money due for such services, including penalties, interest and carrying charges, if any, the date when such amount became delinquent.

Whenever the person whose service charges, and other charges hereunder, are delinquent, is not the owner of the property to which service was provided by the Village, and the Village is notified of the name and mailing address of such owner, a notice of the delinquency or lien may be mailed to such owner. The Village may, in addition to or instead of mailing to the owner, mail notice of the delinquency or lien to the person or entity at the address disclosed on the tax assessment records as the person or entity to whom was mailed the most recent ascertainable real estate tax bill for the subject premises. The failure of the Village to record the lien, or to mail the notice of delinquency or lien to the owner of the subject premises, or the failure of the owner to receive such notice, shall not affect the right of the Village to foreclose the lien or otherwise collect the amounts then due to the fullest extent authorized by law, the remedies available to the Village, whether in foreclosure, collection or otherwise, shall be cumulative and not exclusive.

2.

In addition to the rate and charges stated above, whenever the Village prepares and records a notice of lien for delinquencies as provided above, the costs of preparation of such notice, filing and releasing such lien shall be paid in full prior to the release of such lien.

I.

Notice of Delinquency and Lien—Filing with Village. The notice of delinquency and lien to be filed in the office of the Recorder of Deeds may be sworn to or certified by any one of the following Village officials:

1.

Village President/Mayor;

2.

Village Clerk or Deputy Clerk;

3.

Village Collector;

4.

Village Treasurer.

(Ord. 02-4, 3-12-02; Ord. 03-2, 1-14-03)

(Ord. No. 2009-O-05, § I, 7-14-09; Ord. No. 2017-O-05, § I, 10-10-17)