§ 86-165. Notice of delinquency; termination of service for nonpayment.

(a)

When the village clerk determines that a bill for water and/or sewer service is delinquent, he shall serve notice on the user, as well as the owner of property in which the user is residing and receiving service, that the bill is delinquent, and that a hearing will be held by the village staff to determine if services should be discontinued. The village board shall, by separate adoption of village policy (as set from time to time), establish the staff responsible for said hearings.

(b)

The notice shall be given by mailing such notice, by regular mail, in the U.S. mails with sufficient postage, not less than ten days prior to the date set for the hearing. The notice is to be sent to the user, with a copy to the owner of the real estate, if the owner of the real estate can be ascertained. The notice shall be mailed to the legal title holder, the person who the delinquent bill was originally sent to, and the occupant of the property. A notice addressed to "occupant" containing the street address of the property shall be sufficient notice to all occupants of the property. Where more than one person holds legal title to the property, the mailing of the notice to one of the owners shall be deemed sufficient notice to all owners. The service of the notice on the occupant may be made by publication of the notice in a newspaper of general circulation in the area served by the village, one time, at least ten days prior to the date set for the hearing.

(c)

The notice shall be in a form specified by village policy.

(d)

If the village staff determines at the hearing that the bill is, in fact, delinquent, and that no justification has been presented, it shall order water service to the involved property to be discontinued. The staff may also adjust the water bill if the facts demonstrate an error in calculation or other similar basis for adjustment of the amount due. The village staff shall have the authority to stay the disconnection for a period not to exceed 30 days. If the owner is dissatisfied with the decision of the village staff, they may appeal that decision to the village board within five business days in writing to the village board. If an appeal is made within said time period, the village shall not terminate said service until the village board considers said appeal. The village board shall consider the appeal at its next regular meeting or a special meeting called for that purpose (at the discretion of the village board). The village board shall sustain, modify or overrule the decision of the village staff after its review of the facts of the case in question.

(e)

Disconnected or terminated service shall not be reconnected until all delinquent charges have been paid.

(Code 1987, § 30-305; Ord. N0. 2010-01, § 1, 5-17-2010)