§ 26-203. Sewer service charge.

(a)

Authority. The village board shall have the authority to establish and collect a sewer service charge for the use of the public wastewater treatment works maintained by the village.

(b)

Classes of users. The following user classes are established:

(1)

Residential.

(2)

Commercial and institutional.

(3)

Industrial.

(4)

Public authority.

All users will pay at the residential rate plus the appropriate surcharges for their user class.

(c)

Method of computing. The service charge shall be based on water or wastewater meter readings, when available. When such meter readings are unavailable, the service charges will be a flat charge based on the estimate of usage for the unmetered users. This estimate shall be 14,000 gallons per quarter as determined from the average domestic strength user of the system. Where the flat charge must be used, it will be paid for the full quarter and shall not be prorated. If service should be interrupted for any full quarter, only the minimum will be charged. The flat charge will be adopted by resolution.

(d)

Debt service charge. All charges incurred for debts for capital improvements and operating and maintenance expenses for the wastewater treatment works shall be paid for by a debt service charge which is a part of the total sewer service charge, or by such sums as the village board may annually elect to take from the general fund. The amount of this charge will be reviewed annually and adopted by resolution.

(e)

Minimum charge. The minimum charge per user shall be the charge to cover the cost of billing and collecting of accounts and 75 percent of maintenance cost of the sewage collection system to be paid for each connection for the availability of the service. This charge will be made irrespective of use and shall be adopted by resolution.

(f)

User charge. The user charge for the residential user class for discharging domestic wastewater shall be based on a minimum annual charge per user and on the volume used by each user. The amount of this charge will be reviewed annually and adopted by resolution.

(g)

Surcharge. The commercial and institutional class of users shall be charged at the residential user rate and such additional surcharges as may be shown equitable. The industrial user class of users shall be charged at the residential user rate plus a surcharge developed at such time as an application is received for a permit to discharge an industrial waste.

(h)

Total sewer service charge. Total sewer service charge shall be the sum of the minimum charge, the debt service charge, user charge, and any applicable surcharges. For those unmetered services, the total sewer charge shall consist of the minimum charge plus the flat charge.

(i)

Billing periods. The minimum charge, debt charge, user charge, and applicable surcharges of the total service charges provided in this section shall be included as separate items by the village. The bill will be payable in accordance with the schedule established by the village. These bills are normally payable in four quarterly payments each year.

(j)

Due date. All portions of the service charges shall be payable at the time the bill for the same is issued.

(k)

Late penalties. Charges levied in accordance with this section shall be a debt due to the village and shall be a lien upon the property. If this debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent and a three percent charge added. This debt may then be recovered by civil action in the name of the village against the property owner, the person, or both. If delinquent payments are not received by November 1 of the calendar year, a ten percent charge shall be added to delinquent bills. Thereafter, if payment is not received prior to November 15, the delinquent bill will be forwarded to the county for placement on the succeeding tax roll.

(l)

Failure to pay, removal or closure of connection; restoration of service. The following provisions apply to the failure to pay, removal or closure of connections and restoration of sewer services:

(1)

In the event of failure to pay sewer service charges after they become delinquent, the village shall have the right to remove or close sewer connections and enter upon the property for accomplishing such purposes.

(2)

The expense of such removal or closing, as well as the expense of restoring service, shall likewise be a debt to the village and a lien upon the property and may be recovered by civil action in the name of the village against the property owner, the person, or both.

(3)

Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, shall have been paid.

(4)

Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

(m)

Audit of general account. The village shall conduct an annual audit, the purpose of which shall be to maintain the proportionality and adequacy of the sewer service charge relative to changing system operation, maintenance, and debt service costs.

(Code 1990, § 9-2-9)