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HomeMy WebLinkAboutOrd 3528 05/21/1985 427V ORDINANCE NO. 3528 AN ORDINANCE TO AMEND ARTICLE V ENTITLED "METERS AND RATES" OF CHAPTER 22 OF THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: Article V entitled "Meters and Rates" of Chapter 22 of the Village Code of Mount Prospect, Illinois 1981 as amended is hereby further amended by deleting said Artic±e V in ins entirety, and by substituting therefor a new Article V to read as follows: "ARTICLE V METERS AND RATES SECTION: 22 501. 22 502. 22 502.1 22 502.2 22 503 22 504. 22 504.1 22 504.2 22 504.3. 22 505. 22.506 22.506.1. 22.506.2. 22.506.3 22.507 22.508 22.509 Meters Required Reading Meters Meter Inspections Meter Repairs and Replacement Testing Meters Water and Sewer Rates Definition Water Rates Sewer Rates Billing Delinquent and Unpaid Accounts Late Payment Penalty; Service Shut-Off Lien Foreclosure of Lien Leakage No-Rate Deduction Penalty Access to Records Section 22.501. Meters Required. Before any premises a£e occupied, a Village owned water meter shall Oe installed therein or application made for each installation, as hereinafter speciEleQ, and no water shall be furnished such premises in the absence of said installation or application. Ail premises using the Village water supply must Oe equipped with an adequate Village-owned water meter equipped with an outside reading device to be furnished, installed by the Village at the cost and expense of the consumer, provided, however, that water may be supplied Dy the Village at a flat rate o~ charge between the time of the aforesaid application and the date when such meter is connected. Meters shall be installed in a location that wll± De easy of access. SECTION 22.502 Reading Meters A. The Director of Public Works shall read or read every water meter used in the Village at such times necessary that bills may be sent out at the proper ~lme. cause to De as are B. In the event that a water meter reading is not obtained at least five (5) days prior to the mailing date or a water bill, the Director of Finance shall estaDlish an estimated meter reading to be used for billing purposes, based upon a like per~oa uring the preceding year, or in such manner as the Director may determine. C. Where a water meter is so located that it is not readily accessible to reading by Village officials, or in the event any given user's water meter cannot be read, the Director o~ Public Works is hereby authorized to install or cause to be installed outside meters or read-o-matic or equal meters. D. The reading of the inside meter is the meter of record and prevails over all other readings. Section 502.1 Meter Inspection A. Inspectors, meter readers or other employees of the Village Water Department, whose duty it may be to enter upon private premises to make examinations of water meters, pipes, fixtures or appurtenances, in connection with the Village water supply, or to read meters, shall be provided with proper badges and other credentials for identification purposes. B. Any such person is herein authorized to have free access at any and all reasonable hours to any premises supplied with Village water for the purpose of reading meters or for making any inspection required of the entire water supply distribution system on the premises. Such person shall present his badge and credentials to the owner of the premises when seeking admittance thereto. C. If any owner or consumer refuses admittance to any premises where admittance has been requested by an authorized representative of the Water Department for any purposes provided this Article, then access to the premises shall not be obtained until a proper warrant has been issued. in D. No person who is not an authorized ~gent or employee of the Water Department shall p~ssess, wear or exhibit any badge or credentials of the Water Department. It shall be the duty of any employee possessing any such badge or credentials to surrender such badge or credentials to the Director upon leaving the services o~ the Water Department. Section 22.502.2 Meter Repairs and Replacement A. The Water Department is herein authorized to enter, any and all reasonable hours, any premises supplied with Village water for the purpose of repair or replacement of any meter. at B. Ail turbine compound or line meters of 2" in orifice size or larger shall be maintained and repaired by the Wate~ Depart- ment at the expense of the consumer. All other installed meters shall be maintained and repaired or replaced by the Water Department at no cost to the consumer when rendered unserviceable Dy reason of normal use and shall be subject to replacement after ten ~10) years of use pursuant to a meter replacement program to be established from time to time by the Department; provided, however, that where replacements, repairs or adjustments of any meters are rendered necessary by the act, neglect, or carelessness of the consumer or occupant of any premises, or where meters are damaged Dy freezing, hot water, exposure or other improper use any expense caused the Water Department thereby shall be charged against and be collected from the consumer. C. In the case of breakage, stoppage or any other irregularity in the meter, the owner or consumer shall notify the Water Department immediately, and any necessary repairs will De made by the Department, as provided in this Section. D. If any consumer refuses admittance to any premises where admittance has been requested by an authorized representative of the Water Department for any reason provided in this Section, -2- hen access to the premises .shall not De obtained until a proper warrant has been issued. E. In no case shall any person interkere wi~h or use the curb stopcock except by specific permission from the Water Department. No person, other than an authorized employee of the Water Department, shall turn on the Village water supply to any premises from which the said supply has been cut o~f on account ot repairs or for any other cause whatsoever. F. No person shall turn on the water Supply at any premises or use the same, unless proper application for meter has been made and the water supply turned on Dy the Water Department. Section 22.503 Testing Meters. A. Where the accuracy or record of a water meter is questioned, it shall be removed at the consumer's or owner's request, and if so desired, shall be tested in his presence in the shops of the Water Department by means of the apparatus there provided and a report thereof duly made. Both parties to the test must accept the findings so made. If the test discloses an error against the consumer of more than three percent in the meter's registry, the excess of the consumption on the bill shall De adjusted and the entire expense of the test will De borne by the Village, and the deposit required as hereinafter prescribed sha±i De returned. Where no such error is found, the person who has requested the test shall pay the charges fixed for said test. B. Before making a test of any meter, the person requesting such test shall at the time of making application for a test make a deposit of Twenty Dollars ~$20.00) at the office of the Village Collector subject to the conditions of this Section. C. No meter shall be removed or in any way disturbed, nor the seal broken, except in the presence of or under the direction o~ the Director of the Department of Public Works. Section 22.504. Water and Sewer Rates Section 22.504.1 Definition. "User," for purposes hereof, is defined as any person or family unit occupying a single family residence, duplex, townhouse, apartment, condominium or cooperative residence unit. The term shall also include any person, firm, institution, or corporation occupying any portion of any.commercial, industrial or combination use structure. Section 22.504~2 Water Rates A. Ail Village users within the Village, having a direct or indirect connection with the Village water mains or pipes shall pay the following rates: Water rate - Per each 1,000 gallons of water consumed, or portion thereof $1.97 B. Ail Village users outside the corporate limits of the Village having a direct or indirect connection with the Village water mains or pipes shall pay the following rates: Water rate - Per each 1,000 gallons of water consumed or portion thereof. $3.94 C. Ail Village users located outside the ~oundaries of Special Service Area No. Five shall pay ~n additional monthly availa- bility charge based upon the size of the water meter as follows: -3- /8" meter 8.25 3/4" meter 12.50 1" meter 23.00 1 1/2" meter 35.00 2" meter 72.00 3" meter 124.00 4~ meter 210.00 6" meter 394.00 8" meter 817.00 D. Water furnished by the truckload shall be billed at the rate of twice the amount charged in paragraph (A) above, together with payment of a $10.00 hookup charge, and such water must be picked up at the Public Works building. E. If any meter at any time fails to register the quantity of water consumed, the same shall be determined and charges made, based upon a like period during the preceding year, or in such manner as the Finance Director may direct. F. It shall be the duty of the consumer to give notice to the Village of intention to vacate premises or discontinue water service. Such notice shall so far as possible specify the date when such service is to be discontinued to the end that the Water Department may remove the meter from the premises, or take a final meter reading and issue a final bill. G. A consumer shall be responsible for all water used through the meter or otherwise at the premises described in his application until notice to discontinue such service has been given to the Village, and Water Service has thereafter been discontinued by the consumer. Section 22.504.3 Sewer Rates A. Measurement of Flow. The volume of flow used for computing basic user charges shall be the metered water consumption read to the lowest even increments of 1,000 gallons. Bo Computation of Sewer Rates. The based on potable water consumption as measured servicing those properties, multiplied by the sewer user charge is by the water meter established sewer rate. C. Rate: 1. Ail Village sewer users within the corporate limits of the Village having a direct or indirect connection with the Village sewer and water mains or pipes shall pay the following sewer rate, based upon the amount of water consumed to which sewer service is furnished. Per 1,000 Gallons of water consumed, or portion thereof: $0.13 2. Ail Village sewer users within the corporate limits of the Village having a direct or indirect connection with the Village sewer mains or pipes, and not with Village water mains or pipes, shall pay a flat rate of $1.25 per month per dwelling unit. 3. Ail sewer users outside the corporate limits of the Village of Mount Prospect having a direct or indirect connection with the Village sewer and water mains or pipes, shall pay the following sewer rate based upon the amount of water consumed to which sewer service is furnished: -4- er 1,000 Gallons of water consumed, or portion thereof $0.26 4. Ail sewer users ousside the corporate limits of the Village of Mount Prospect having a direct or indirect connection with the Village sewer mains or pipes and not with Village water mains or pipes, shall pay a flat rate of $2.50 per month, per dwelling unit. 5. The adequacy of the sewer service charges shall be reviewed, not less often than annually, by certified public accountants for the Villge in their annual audit report. The sewer rate shall be revised periodically to reflect a change in local capital costs or a change in operation and maintenance costs including replacement costs. The users of sewer service will be conjunction with a regular bill, of the rate and user charges which are attributable to the waste operation, maintenance and replacement. notified in that portion of the water treatment Section 22.505 Billing. Billing for the above charges shall be compiled and processed bi-monthly or as the Director of Finance shall determine. Users of both water and sewer shall receive a combined bill. Section 22.506 Delinquent and Unpaid Accounts. Section 22.506.1 Late Payment Penalty~ Service Shut-Off. All water and sewer charges shall be due and payable on or before the twenty-first (21st) day after the date of the statement for such charges. All bills unpaid after the 21 day period provided for shall become delinquent and a penalty of ten percent (10%) of the total amount of such charges shall be added thereto and shall be due in addition to the charges for such service. Whenever more than sixty (60) days from the for, the water service may be shut delinquent consumer, provided that least ten (10) days written notice services, and the reason therefor, charges for water service have remained unpaid for date of the statement provided off from the premises of such the consumer shall be given at of intent to shut off such and an opportunity to request and obtain a hearing with respect to such unpaid charges before the Finance Director, which, if adverse, shall further allow the consumer a reasonable period of time, not less than five (5) days, to pay the delinquent charges prior to the shut off of services. Water service which has been shut off shall not be resumed until all bills in arrears shall have been paid, including Twenty-Five Dollars ($25.00) for expenses incurred in shutting off and turning on the water. It shall be the duty of the Director of Finance to enforce the provisions of this Section whenever delinquency shall occur. Section 22.506.2 Lien. Charges for water and sewer shall be a lien upon the premises upon and for which such service is supplied, as provided by Section 11-139-8 of Chapter 24 of the Illinois Revised Statues, whenever a bill for water or sewer service remains unpaid sixty (60) days after it has been rendered. The Village Clerk may file in the office of the Recorder of Deeds of Cook County, Illinois, or in the office of the Registrar of Torrens Titles of Cook County, Illinois, the statement of lien claim which shall contain a legal description of said premises, the amount of all unpaid charges for water and sewer service supplied thereto, including connection and water meter repair or replaceme.nt cost, up to the date of filing such statement, the date when such amount became delinquent, and a notice that the Village claims a lien for this amount as well as for all charges for water and sewer service to the premises subsequent to the period covered by the bill. Said statement of lien claim shall be a sworn statement. If the user of water and sewer 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 -5- lerk, whenever such bill remains unpaid for a period of sixty (60) days after it has been rendered. The failure of the Clerk to record such lien claim 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 water and sewer bills as mentioned in the following Section. ~ Section~22.~06.g~ Foreclosure of ~i¢~.~ Prop~r~v subject to a lien rot ~p~d w~ ' ' s~w~i c~£g~ $~ De SO1G ror 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 complaint for foreclosure filed in the Circuit Court of Cook County in the name of the Village. The Village Attorney is hereby authorized and directed to institute such proceedings, in the name of the Village, in any court having jurisdiction over such matters, against any property for which a water or sewer bill has remained unpaid sixty (60) days after it has been rendered. Section 22.507 Leakage No-Rate Deduction. No deduction shall be made on account of a water leak after water has passed through a meter except as is hereinafter provided. In the event that meter registration amounts to substantially more than the usage for the preceding twelve mont~s and inspection reveals that the increase in meter registration was caused by a 16ak as a result of a defective meter, defective plumbing or plumbing fixtures or such other conditions as are beyond the control of the consumer, occurring prior to the consumer's knowledge of the defect, as determined by the Public Works Director, then the Finance Director, in the exercise of.reasonable discretion, may abate or refund an amount equal to seventy-five (75%) of the excess over an amount equal to the sum of the usage of the twelve (12) preceding months plus the average use for the current billing period times the current rate; provided, however, that no rebate or refund shall be allowed unless and until the defect is repaired. Section 22.508 Penalty. Any person violating any provision of this Article shall be fined not less than Twenty Five ($25.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 22.509 Access to Records The IEPA, USEPA or its authorized representative shall have access to any books,~documents, papers and records of the Villge which are applicable to the Village system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with State and Federal terms and conditions pertaining to any State or Federal Grant." SECTION TWO: effect upon its passage, in accordance with law. PASSED AND APPROVED this AYES: 6 NAYS: 0 ABSENT: 0 This Ordinance shall be in full force and approval and publication in pamphlet form 21stday of May , 1985. VILLAGE ~RESIDENT VILLAGE CLERK -6-