(A)   A water supply emergency shall be deemed to exist at such times and for such periods during the period of May l to October 1 as the level of water in the Lake Jacksonville reservoir falls five feet or more below the level of the spillway of said lake and during all other months in the year as the level of water in said reservoir falls six and one-half feet below the level of the spillway of said lake.

   (B)   Whenever a water supply emergency shall exist the President shall issue a proclamation stating that such emergency exists, the number of feet and inches which the level of Lake Jacksonville has fallen below the level of the spillway, and which of the restrictions provided in division (C) below are in effect. Said proclamation shall be published one time in the Jacksonville Daily Journal and the Jacksonville Daily Courier. Upon publication of said proclamation in both of said newspapers, the restrictive provisions and penalties for violation of this section shall be in effect.

   (C)   (1)   When the level of Lake Jacksonville reservoir during the period May 1 to October 1 is at least five feet but not more than six feet, six inches or during the rest of the year is more than six feet, six inches but not more than eight feet below the level of the spillway of said lake, it shall be unlawful to make use of city water for the following purposes:

         (a)   Lawn sprinkling, washing streets, driveways, or walks, watering vegetable and flower gardens except commercial greenhouses and vegetable gardens; and/or

         (b)   Watering shrubs and trees, except shrubs and trees planted or transplanted within 12 months immediately preceding.

      (2)   When the level of Lake Jacksonville reservoir, during the period May 1 to October 1, is more than six feet, six inches but not more than eight feet or during the rest of the year is more than eight feet but not more than ten feet below the level of the spillway of said lake, it shall be unlawful to make use of city water for the following purposes:

         (a)   Washing motor vehicles; and/or

         (b)   All uses prohibited in division (C)(1) above.

      (3)   When the level of Lake Jacksonville reservoir during the period May l to October 1 is more than eight feet but not more than ten feet or during the rest of the year is more than ten feet but not more than 12 feet below the level of the spillway of said lake, it shall be unlawful to make use of city water for the following purposes:

         (a)   Watering of shrubs and trees transplanted within the 12 months immediately preceding;

         (b)   Watering of golf greens;

         (c)   Use of air conditioning equipment requiring water more than four hours per day; and/or

         (d)   All uses prohibited in divisions (C)(1) and (C)(2) above.

      (4)   When the level of Lake Jacksonville reservoir during the period May 1 to October 1 is more than ten feet or during the rest of the year more than 12 feet below the level of the spillway of said lake, it shall be unlawful to make use of city water for the following purposes:

         (a)   Use of air conditioning equipment requiring water; and/or

         (b)   All uses prohibited in divisions (C)(1), (C)(2), and (C)(3) above.

   (D)   The President shall cause to be published one time in the Jacksonville Daily Journal and Jacksonville Daily Courier, a notice when the level of Lake Jacksonville either decreases or increases so as to change the restrictions in effect under the provisions of the preceding section.

(Ord. 221, passed 8-6-1953)  Penalty, see § 53.999

(A)   A record was made that it is the intent of the Board not to permit any additional connections to the said water line by said parties and that it does not interpret the aforesaid easement agreements to require said Board to grant such additional connections to anyone.

(B)   In the event said Board does grant additional water connections to any of said parties, it is its intent to do so as a voluntary matter on a case by case basis and it is further its intent that the granting of such permission to a party shall not constitute a precedent requiring the grant of a similar privilege to any other party.

(Res. passed 1-16-1975)

(A)   There is imposed a charge for water services rendered to unimproved lots on which water service has been made available for purposes of construction of improvements but said service is not metered.

(B)   The charge for water service shall be a sum equal to $0.25 per $1,000 of the valuation stated in the application for a building permit for the premises in question.

(C)   The charge hereby imposed is for temporary usage only which is occasioned by the impracticality of metering during the early stages of construction and a meter shall be installed as soon as reasonably possible and, in any event, shall be installed forthwith upon notice to do so from the Superintendent of the Sewer and Water Department.

(Ord. 404, passed 11-4-1971)

It shall be unlawful for any person not authorized by the village to tamper with, alter, or injure any part of the village waterworks or supply system, or any meter.

(Ord. 945, passed 4-7-2011)  Penalty, see § 53.999

For the purpose of §§ 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ILLINOIS PLUMBING CODE. The standards for plumbing and the fixtures, materials, design, and installation methods of plumbing systems adopted and promulgated by the State Department of Health and/or its successor pursuant to the state’s Plumbing License Act, 225 ILCS 320 1/1 et seq. (2000), as amended, superseded, or revised.

NONRESIDENTIAL. Defined as property zoned A-1, R-3, B-1, B-2, ORI, I-1, PD, and PA in the village.

PERSON. Any and all persons, natural or artificial, including an individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.

PREMISES. Any building suitable for human occupancy, processing, manufacturing, or warehousing.

RESIDENTIAL SERVICE. Defined as property zoned R-1, R-2 and RA in Chapter 154 of this code.

SERVICE ORDINANCE. Sections 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071, entitled “The Village of South Jacksonville, Illinois, Water Use Ordinance 2011”.

SUPERINTENDENT. The Superintendent of the Village of South Jacksonville, Illinois, Sewer and Water Department.

VILLAGE. The Village of South Jacksonville, Morgan County, Illinois.

WATER DEPARTMENT. The Water Department of the Village of South Jacksonville, Illinois.

(Ord. 945, passed 4-7-2011)

(A)   No connections with the waterworks system shall be made without a permit issued by the village. All such connections shall be made by the village under the supervision of the village, and no connections shall be covered until the work has been inspected to the satisfaction of the Superintendent. Whenever any premises shall hereafter be connected with the waterworks system, a charge shall be made.

(B)   The owner, occupant, or party or parties in possession of any house, structure, factory, industrial or commercial establishment, or any other building or structure of any other character which uses water and is located on property within the corporate limits shall cause such house, structure, factory, industrial or commercial establishment, or any other building or structure of any other character to be connected with the waterworks system within 90 days from the date that water facilities become available to such property.

(C)   All improvements hereinafter made on real property annexed into the village must be connected to the village’s water system when the village’s water system is adjacent to the annexed property and within 100 feet of where said improvements are made except those exempt by present TIF Ordinance No. 837.

(Ord. 945, passed 4-7-2011)  Penalty, see § 53.999

(A)   Application. No water from the waterworks system shall be turned on for service into any premises by any person but the Superintendent or his or her designee. Application to have water turned on shall be made in writing to the Superintendent and shall contain an agreement by the applicant to abide by and accept all of the provisions of §§ 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071 as conditions governing the use and service of the waterworks system by the applicant.

(B)   Turn-on fee. A nonrefundable fee of $50 shall be paid for turning on the water and an additional nonrefundable fee of $50 shall be paid for turning off the water. In addition, a deposit fee of $100 shall be charged upon turning on the water. The fees set forth in this division (B) may be amended from time to time by the village.

(Ord. 945, passed 4-7-2011)

All service pipes and appurtenances from the waterworks system (water mains) to the structure shall be installed by landowner. If such water service must cross a village or state road or alley that requires boring and casing, the cost of such boring and/or casing shall be borne by the landowner for the service or the owner of the property being served. All such water services shall have a curb cock at the nearest point on the public right-of-way or easement with a curb stop and box flush with the ground.

(Ord. 945, passed 4-7-2011)

   (A)   (1)   It shall be the duty of the landowner, occupant, and user, jointly or severally, to immediately cause repairs to be made by a duly licensed and qualified plumber and pay all costs pertaining to said repair.

      (2)   All repairs, extensions, and/or additions to the service pipes and laterals shall comply with all applicable ordinances and the Illinois Plumbing Code.

         (a)   Residential service. All repairs for service pipes and laterals from the waterworks system (water mains) to the load side of stop box shall be made by and at the expense of the village. (As referenced in § 53.005, residential service defined as property zoned R-1, R-2 and RA in Chapter 154 of this code, as amended.

         (b)   Nonresidential service. From the tap at the water main to the property being served, all repairs and excavations shall be by and at the expense of the property owner.

         (c)   The village will accept K-copper or any materials from the latest Illinois Plumbing Code, (Section 890, Appendix A, Table A) from the load side of the curb stop to any premises being served.

   (B)   In the event the owner, occupant, and/or user or any of them fail to make repairs as herein provided, the village shall serve written notice on the owner and the occupant of said premises or post such notice in a prominent place on said premises, directing the foregoing persons to repair the break or leak within seven days of the date of said notice. In the event the foregoing persons or any of them fail to repair the same, the village shall secure a licensed plumber to make such repairs, and all charges for the same shall be paid by the foregoing persons or any of them upon said plumber rendering a bill for the same.

   (C)   In the event the village institutes repair of a break or leak, believing the same to be its responsibility, and finds after entering upon the work that the repair is the responsibility of the foregoing persons as set forth in §§ 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071, the village shall serve 24 hours written notice, the same to served as hereinabove set forth, directing the foregoing persons to secure a licensed plumber and complete the repair. In the event of the failure of the foregoing persons or any of them to complete the repair as aforesaid, the village shall complete the same and the foregoing persons or any of them shall pay all charges for the same upon rendering of a bill for the same by the licensed plumber secured by the village to complete the repair.

   (D)   In the event the charges for repairs payable by the owner of the premises, the occupant thereof and the user thereof as aforesaid are not paid within 30 days of receipt of the bill for the same, the village shall take all legal action necessary to recover the costs of repairs from the owner, occupant, and/or owner.

(Ord. 945, passed 4-7-2011)  Penalty, see § 53.999

(A)   If in accordance with the Illinois Plumbing Code or in the judgment of the Superintendent an approved backflow prevention device is necessary for the safety of the public water supply system, the Superintendent will give notice to the water customer to install such an approved device immediately. The water customer shall, at his or her own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code and all applicable local regulations and shall have inspections and tests made of such approved devices as required by the Illinois Plumbing Code and local regulations.

(B)   No person shall establish or permit to be established or maintain or permit to be maintained any connection whereby private, auxiliary, or emergency water supply other than the regular public water supply of the village enters the supply or distribution system of the municipality, unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved in advance and in writing by the village and the State Environmental Protection Agency.

(C)   It shall be the duty of the Superintendent to cause surveys and investigations to be made of industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made by an approved cross-connection control device inspector hired by the customer. Said surveys and investigations shall be made a matter of public record and shall be repeated at least every two years, or as often as the Superintendent shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five years.

(D)   The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying the presence or absence of cross-connections, and the Superintendent or his or her authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessees, or occupants of any property so served shall furnish to the Superintendent any information which he or she may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Superintendent, be deemed evidence of the presence of improper connections as provided in this section.

(E)   The Superintendent of the village is hereby authorized and directed to discontinue, after reasonable notice (not to exceed seven days) to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this section is known to exist, and to take such other precautionary measures as he or she may deem necessary to eliminate any danger of contamination of the public water supply distribution mains and to charge a $50 disconnection fee. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this section, and until a reconnection fee of $50 is paid to the village. Immediate disconnection with verbal notice can be effected when the Superintendent is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection.

(F)   The consumer responsible for back siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained, or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system.

(Ord. 945, passed 4-7-2011)  Penalty, see § 53.999

(A)   All water service from the water main to the curb stop shall be of K-copper without joints.

(B)   From the load side of the curb stop to premises being served shall be of material approved and outlined by the Illinois Plumbing Code, as amended from time to time, and shall comply with all village ordinances at no time will plastic or galvanized pipe be used regardless of who is laying said pipe.

(Ord. 945, passed 4-7-2011)  Penalty, see § 53.999

No water shall be turned on for the service in any premises in which the plumbing does not comply with the ordinances of the village and the Illinois Plumbing Code, as amended, provided, that water may be turned on for construction work in unfinished buildings, subject to the provisions of §§ 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071.

(Ord. 945, passed 4-7-2011)

(A)   Excavation for installing service pipes and appurtenances or repairing the same shall be made in compliance with the ordinance provisions relating to making excavations in streets, provided, that it shall be unlawful to place any service pipe in the same excavation with, or directly over, any drainpipe or sewer lateral, or in violation of the Illinois Plumbing Code.

(B)   The installation of water service shall be in compliance with the separation requirements for water and sewer lines as required by the State Environmental Protection Agency and the Illinois Plumbing Code.

(Ord. 945, passed 4-7-2011)

(A)   A curb stop and box shall be placed on every service pipe, and shall be located between the curb line and the sidewalk line where this is practicable.

(B)   Such boxes shall be so located that they are easily accessible and shall be protected from frost.

(Ord. 945, passed 4-7-2011)

(A)   No owner or plumber shall be permitted to connect water service pipes into any two distinct premises or tenements. Nor shall any water service lines be allowed to cross lots or buildings to adjoining premises. Existing apartment houses shall be considered as one premises.

(B)   All apartment buildings constructed after the adoption of §§ 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071 shall have meters for each apartment/unit in each apartment building unless other arrangements are agreed to by the Superintendent.

(Ord. 945, passed 4-7-2011)

   (A)   (1)   All premises using the village water supply must be equipped with an adequate cubic foot water meter. All meters three-quarters of an inch or less placed in service on any premises using the village water supply will be provided and owned by the Water Department which retains the right to inspect, repair, and replace them upon reasonable notice to the owner of the premises.

      (2)   Whether a meter owned by the village is placed in service, other than as a replacement for a meter owned by the village already in use, the property owner or other person receiving such service shall make a deposit as herein specified. When a meter owned by the village is placed in service as a replacement for a privately owned meter, the property owner, or other person receiving such service, will make a deposit as herein provided, unless the privately owned meter is received in exchange by the Water Department.

      (3)   A meter larger than three-quarters of an inch shall be installed and maintained by the property owner or other person receiving such service. The village reserves the right to inspect the meter, subject to reasonable notice being provided to the property owner or other person receiving such service, and the village may make all necessary repairs and replacements to the meter as deemed appropriate. All costs associated with repairs and/or replacements of said meters shall be borne by the property owner or other person receiving such service.

      (4)   The money received from these deposits, and all other deposits received by the Water Department, shall be placed in a revolving fund for the purchase and maintenance of water meters.

      (5)   Refund of the water deposit shall be made to the owners of the premises only if said premises are destroyed or no longer needed and the village owned meter is returned in good condition.

   (B)   Meters shall be installed in a location that will provide easy access thereto. All newly installed water meters shall be placed in a meter box, in a closet, or other area both easily accessible and acceptable to the Superintendent and his or her designees.

   (C)   The Superintendent shall read or cause to be read every water meter used by the village at such times as are necessary so that the bills may be sent out at the proper times.

   (D)   (1)   Upon request or complaint of the consumer, any water meter shall be tested for accuracy.

      (2)   If, upon testing, a meter owned by the village is found to be over 3% off in accuracy, the meter shall be replaced at no cost to the consumer.

      (3)   If the meter is found to be 3% or less in accuracy, then the consumer shall pay a testing fee of $50.

   (E)   Any house or building constructed within the village or constructed outside of the village and using village water must have installed a meter that will service each individual premises located upon any new constructed property.

(Ord. 945, passed 4-7-2011)

No water supplied by the waterworks system of the village shall be resold by any user. No water user may supply water to other families or allow them to take it, except for use on the premises and for the purpose specified in such user’s approved application, not after water is introduced into any building or upon any premises shall any person make or employ any other person to make any tap or connection with work upon the premises for alterations, repairs, extensions, or attachments without written permit therefor. Resale of authorized use of water shall be grounds for discontinuance of water service to the user, or the premises, or both.

(Ord. 945, passed 4-7-2011)  Penalty, see § 53.999

All waterworks service supplied by the waterworks system shall be upon the express condition that the village shall not be liable nor shall any claim be made against it for damages or injury caused by reason of the breaking of any main, branches, service pipes, apparatus, or appurtenances connected with said system or any part or portion thereof, or for any interruption of the supply by reason of the breakage of machinery, or by reason of stoppage, alterations, extensions, or renewals.

(Ord. 945, passed 4-7-2011)

The village reserves the right to shut off water at any time in the mains for the purpose of repairing, cleaning, making connections with or extensions to same, or for the concentrating of water in any part of the village in case of fire, and for restricting the use of water in case of deficiency in supply, including the suspension of the use of water for sprinkling lawns or gardens. No claim shall be made against the village by reason of the breaking of any service pipe or service cock, or damage arising from shutting off of water for repairing, laying, or relaying mains, hydrants, or other connections, or repairing any part of the water system, or from failure of the water supply, or by increasing the water pressure at any time, or from concentrated or restricted use of water as above.

(Ord. 945, passed 4-7-2011)

The village and its employees, the State Department of Public Health, and the State Environmental Protection Agency, shall have ready access at all reasonable times to the premises, places, or buildings where water service is supplied for the purpose of inspecting, examining, and testing the consumption, use, and flow of water, and it shall be unlawful for any person to interfere with, prevent, or obstruct the village or its duly authorized agent, the State Department of Public Health, or the State Environmental Protection Agency, in their duties hereunder. Every user of the system shall take the same upon the conditions prescribed in this section.

(Ord. 945, passed 4-7-2011)

   (A)   The Superintendent and other duly authorized employees of the village, the State Department of Public Health, and the State Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of §§ 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071. The Superintendent or his or her representative shall have no authority to inquire into any processes, including metallurgical, chemical oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment.

   (B)   The Superintendent and other duly authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the waterworks lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 945, passed 4-7-2011)

(A)   The water service charge for the use of and for service supplied by the water facilities of the village shall consist of a water user charge.

(B)   The water user charge is levied on all users to recover the operation, maintenance plus replacement (O, M, and R), debt service, and capital improvements costs and shall be based on water usage as recorded by water meters.

(C)   The water user charge shall be computed as follows:

(1)   Estimate the annual water volume;

(2)   Estimate the projected annual revenue required to operate and maintain the water facilities, including a replacement fund for the year, for all works categories; and

(3)   Compute costs per 1,000 gallons and cost per customer bill.

(D)   The adequacy of the water user charge shall be reviewed, not less often than annually, by certified public accountants for the village in their annual audit report. The water service charge shall be revised periodically to reflect a change in debt services, capital costs, or O, M, and R costs.

(E)   The volume of flow used for computing water user charges shall be the metered water consumption read and recorded and converted to whole gallons.

(F)   (1)   A minimum charge of $10.20 per month for premises served by both water and sewer; or a minimum charge of $11.02 for premises served by water only shall be applied to all users whose water consumption does not exceed 2,000 gallons per month.

(2)   Usage in excess of 2,000 gallons per month will be charged at the following rates:

   (A)   Said rates or charges for service shall be payable monthly. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the village only upon the condition that the owner of the premises, occupant, and user of the services are jointly and severally liable therefor to the village.

   (B)   (1)   Bills for service shall be sent out by the Water Clerk on the first day of the month second succeeding the period for which the service is billed.

      (2)   All bills are due and payable 15 days after being sent out. A penalty of 10% shall be added to all bills not paid by the fifteenth day after they have been rendered.

   (C)   If the charges for such services are not paid within 45 days of becoming delinquent, water service shall be discontinued without further notice and shall not be reinstated until all accounts are settled.

(Ord. 862, passed 12-5-2002)

   (A)   Lien; notice of delinquency.

      (1)   Whenever a bill for service remains unpaid for 45 days after it has been rendered, the Water Clerk shall file with the County Recorder of Deeds 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 a lien for this amount as well as for all charges subsequent to the period covered by the bill.

      (2)   If the user whose bill is unpaid is not the owner of the premises and the Village Clerk has notice of this, notice shall be mailed to the owner of the premises if this address be known to the Clerk whenever such bill remains unpaid for the period 45 days for a monthly bill.

      (3)   The failure of the Water Clerk to record such lien 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 bills as mentioned in the foregoing section.

   (B)   Foreclosure of lien. Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. 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 the monthly bill has remained unpaid for 45 days after it has been rendered.

(Ord. 862, passed 12-5-2002)

   (A)   All revenues and moneys derived from the operation of the water system shall be deposited in the water account of the Water Fund. All such revenues and money shall be held by the Village Treasurer separate and apart from his or her private funds and separate and apart from all other funds of the Village Treasurer not more than ten days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the President and Board of Trustees.

   (B)   The Village Treasurer shall receive all such revenues from the water system and all other funds and moneys incident to the operation of such system as the same may be delivered to him or her and deposit the same in the account of the fund designated as the “Water Revenue Fund of the Village of South Jacksonville, Illinois”. Said Treasurer shall administer such fund in every respect in the manner provided by statute of the Revised Cities and Villages Act, being 65 ILCS 5, effective January, 1942.

(Ord. 862, passed 12-5-2002)

   (A)   The Village Treasurer shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the water system, and at regular annual intervals he or she shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the water system.

   (B)   In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the water facilities, including a replacement cost. The financial information to be shown in the audit report shall include the following:

      (1)   Flow data showing total gallons received at the water plant for the current fiscal year;

      (2)   Billing data to show total number of gallons billed per fiscal year;

      (3)   Debt service for the next succeeding fiscal year;

      (4)   Number of users connected to the system; and

      (5)   Number of nonmetered users.

(Ord. 862, passed 12-5-2002)

The State EPA or it authorized representative shall have access to any books, documents, papers, and records of the village which are applicable to the village system of user charges for the purposes of making audit, examination, excerpts, and transcriptions thereof to ensure compliance with the terms of the loan agreement and rules or any state loan.

(Ord. 862, passed 12-5-2002)

The rates and service charges established for user charges in § 53.085 shall be effective beginning January 1, 2004 and on bills to be rendered on the second succeeding month beginning March 1, 2004 for month users.

(Ord. 862, passed 12-5-2002)

   (A)   The method for computation of rates and service charges established for user charges in § 53.085 shall be made available to a user within seven days of receipt of a written request for such. Any disagreement over the method used or in the computations thereof shall be remedied by the Superintendent after notification of a formal written appeal outlining the discrepancies.

   (B)   A user may file with the Water Clerk a written protest and petition for hearing within ten days of receiving his or her monthly bill. If a written protest and petition for hearing is not filed with the Water Clerk within the ten-day period, the water charges shall become a final bill due and owing without further notice.

   (C)   If a written protest and petition for hearing is filed within the ten-day period, the Superintendent shall fix the time and place for hearing and shall give written notice to the user. The hearing shall be scheduled for a date within 14 days of receipt of the written protest and petition for hearing, unless the user requests a later date convenient to all parties.

   (D)   Whenever a user has filed a timely written protest and petition for hearing, the Superintendent shall conduct a hearing regarding the appeal. The user, however, may request that a hearing officer conduct the hearing rather than the Superintendent.

   (E)   At the hearing, the Superintendent/hearing officer shall preside and shall hear testimony and accept any evidence relevant to the computation of rates and service charges. The strict rules of evidence applicable to judicial proceedings shall not apply.

   (F)   Within ten days of the conclusion of the hearing, the Superintendent/hearing officer shall make a written determination on the basis of the evidence presented at the hearing. The user shall be provided with a copy of the written decision.

(Ord. 862, passed 12-5-2002)

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Any person who shall violate the terms of § 53.001 shall be fined not less than $1 nor more than $100 for each and every offense.

   (C)   (1)   Any person found to be violating any provision of §§ 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071 shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit (not to exceed seven days) for the satisfactory correction thereof. A copy of said notice shall be promptly served on the owner of the premises. The offender shall, within the period of time stated in such notice, permanently cease all violations.

      (2)   Any person who shall continue any violation beyond the time limit provided for in division (C)(1) above shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding $200 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

      (3)   Any person violating any of the provisions of §§ 53.004, 53.005, 53.020 through 53.029, 53.040, 53.041, 53.055, 53.056, 53.070, and 53.071 shall become liable to the village by reasons of such violation and shall be liable for all damages sustained by the village including, but not limited to the costs of repairing and cleaning up the waterworks system.

   (D)   Any person, firm, or corporation violating any provisions of §§ 53.086 through 53.090 shall be fined not less than $200 for each offense.

(Ord. 221, passed 8-6-1953; Ord. 862, passed 12-5-2002; Ord. 945, passed 4-7-2011)