O-03-24 Amending Title 13, Chapter 13.08 (Water Meters and Water Rates) and Chapter 13.09 (Sewer Rates) of the Municipal Code of the Village of LemontVILLAGE OF
3&JEMONT
418 Main Street ( Lemont, IL 60439
TO: Village Board Meeting
FROM: Darshana Prakash, Finance
THROUGH: George Schafer, Village Administrator
SUBJECT: An Ordinance Amending Title 13, Chapter 13.08 (Water Meters and Water
Rates) and Chapter 13.09 (Sewer Rates) of the Municipal Code of the
Village of Lemont
DATE: January 8, 2024
SUMMARY/BACKGROUND
The Municipal Code Title 13, Chapters 13.08 (Water Meters and Water Rates) and 13.09
(Sewer Rates) were last revised in 1988. The attached recommended updates and revisions
will provide further clarity and codify current practices which were discussed. at the December
18 Committee of the Whole meeting.
Majority of the changes included in the attached Ordinance are:
(1) Include similar language in both Chapters 13.08 and 13.09.
(2) Clarity on how a dwelling unit is defined, waiving late charges, base fees are not prorated,
when a NSF is assessed, base fee is charged whether water service is on or off.
(3) Codify current practice on obtaining hardship payment plan, customer's appeal process on
shut offs.
ANALYSIS
Consistency with Village Policy
STAFF RECOMMENDATION
Approve the Ordinance as amended
BOARD ACTION REQUESTED
Approve the Ordinance as amended
ATTACHMENTS
Ordinance Amending Title 13 Chapters 13.08 13.09 - Jan 8 VB.pdf
VILLAGE OF LEMONT
ORDINANCE
NUMBER
AN ORDINANCE AMENDING TITLE 13, CHAPTER 13.08
(WATER METERS AND WATER RATES) AND CHAPTER 13.09
(SEWER RATES) OF THE MUNICIPAL CODE OF THE VILLAGE OF
LEMONT
JOHN EGOFSKE, Village President
CHARLENE M. SMOLLEN, Clerk
JANELLE KITTRIDGE
DAVE MAHER
KEN MCCLAFFERTY
KEVIN SHAUGHNESSY
RICK SNIEGOWSKI
RON STAPLETON
Trustees
Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemons on I
1
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ORDINANCE NO. Q`���
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AN ORDINANCE AMENDING TITLE 13, CHAPTER 13.08 (WATER
from edge: 0"
METERS AND WATER RATES) AND CHAPTER 13.09 (SEWER
RATES) OF THE MUNICIPAL CODE OF THE VILLAGE OF
LEMONT
WHEREAS, the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the
Village") is a municipality in the state of Illinois with full powers to enact ordinances and adopt
resolutions for the benefit of the residents of the Village; and
WHEREAS, the President and Board of Trustees of the Village of Lemont (the
"Corporate Authorities") may from time to time amend the text of the Village Code when it is
determined to be in the best interests of the residents of the Village; and
WHEREAS, the Corporate Authorities find that it is in the best interest of the Village to
amend the Village Code provisions in Title 13, Chapters 13.08 and 13.09, respectively; and
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
SECTION 1: That the above recitals are found to be true and correct and are hereby
incorporated herein and made a part hereof, as if fully set forth in their entirety.
SECTION 2: The Village Code, as amended, is further amended in Title 13, Chapter 13.08
(Water Meter and Water Rates) and Chapter 13.09 (Sewer Rates), with additions in underlined text
and deletions in stffkethfough as follows:
Page 2 of 15
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13.08.060. Water rates; definitions.
(a) The water rates or charges for all property upon which any building has been
or may be hereafter erected, having a connection with the village water
system, shall be based upon the amount of water consumed, as indicated by
the water meters, in accordance with the schedule and rates in the amount
established in the annual fee ordinance.
(b) For purposes of this section and sections 13.04.070 and 13.04.080, the
following definitions will apply:
Business means a proprietorship, partnership, corporation, association (profit
or nonprofit), or state, county, township or municipal entity which provides
services, labor, manufactured goods, equipment, merchandise, edibles or
consumer goods in return for compensation or for the good of the general public.
A single business building contains one business. A multiple business building
contains two or more businesses.
Multiple family residence means a building containing two or more dwelling
units.
Residential business building means a building having at least one dwelling
unit and at least one business unit.
Single-family residence means a building containing one dwelling unit.
(Code 1964, § 11.305; Code 1988, § 13.08.060)
13.08.070. Billing of 6haFgesprocedure; late fee; dishonored check; senior citizen
discounts.
(a) Bills for water used shall be sent e+�t-every two months based on actual meter
readings. If an actual meter reading cannot be obtained, an estimated bill will
be sent.
(b) All bills for water used shall be in the name of the owner, tenant or occupant
of the building or unit.
The owner of the property being provided municipal utility service, the
occupant thereof and the customer who uses the municipal utilities shall be
iointly and severally liable for payment of any bill rendered by the village for
such service or use.
Where a renter has vacated or abandoned the property to which the
municipal utility service is being supplied, and no new renter is in possession,
Page 3 of 15
then the municipal utility service account for the property shall be transferred
to and in the name of the owner of the property.
(c) The base (fixed) fee on water is applicable on all water bills whether water
service is on or off. Base (fixed) fee on water will not be pro -rated.
(d) For customer accounts that have more than one dwelling unit, the base (fixed)
fee is assessed per dwelling unit. Number of dwelling units within a customer
account is determined by the Building Department.
(se) The net amount of all water bills is due and payable in full upon receipt of
such bill. Any bill paid after the 20th day of the billing month will have a late
charge of ten percent (10%) of the unpaid bill a teR peFeeRt late ehaFge added
to the bill amount. One (1) late charge over a 12 bill period may be waived by
the Finance Director or designee at the request of the customer. Additional
late charges may be waived by the Village Administrator or designee only in
extenuating circumstances at the written request of the customer. The
decision to grant additional waiver of late charges rests solely with the Village
Administrator or designee.
(f) Any customer who presents a check to the Village which is subsequently
returned by the customer's bank for any reason shall be subject to charges
and fees set forth in the annual fee ordinance.
(4g)There shall be a senior citizen discount in the amount established in the
annual fee ordinance. The discount is only applicable to the dwelling unit in
which the senior citizen resides. To obtain the discount, the senior citizen
must present to the village ^Yeef ^f the following documents:
(1) W5-Proof of age, being 65 years or older;
(2) Ownership and residency of the property; or
(3) Proof of residency, including rental agreement in individually metered
rental unit.
(Code 1988, § 13.08.070)
13.08.080. Delinquent payment; service shutoff conditions.
(a) In the event the customer fails to pay
the water bill or any portion, including delinquent charges, within 30 days
after the charges therefore become due and owing, it shall be the duty of the
Page 4 of 15
d6rec�er Director of oublk Public wWorks to shut off the water service to the
building, provided proper notice is given to the ewReFcustomer.
(b) Before the c[Director of Ppublic wWorks can shut off the water services, the
ewrR customer ef-at the dwelling unit must be properly notified. The notice
must be sent by registered mail, return receipt requested, at least eight days
prior to the actual date of shutoff of services to the owner. The notice must
state the reason for the shutoff and the date the shutoff will occur, as well as
charges for the resumption of the services after the services have been
discontinued on account of such default. The notice must also give
information about the right of an appeal and the procedure for pursuing such
appeal. If the registered mail is returned to the village as undeliverable,
posting notice on the dwelling unit or building shall be sufficient notice for
purposes of this section.
(c) Appeals of the rh Aeff of reRsiGes shall he taken to the finance director If the
of the dwelling nit er hu il.diR wishes to appeal the rh-teff of
he M St SO Ratify the finance direetr.ron citing via ertifie.d ail
hefere the art -+I ;h,-teff .date I IP9R pFepeF etifffiGatie. , the fiRaR Hi.eetpr
hall make a .detelcminatiGR onciting s to the appeal. The fir.anee .direeter
may gFant an appeal ORIY of the ewneF ef the dwelling Unit OF buildftff-
.ides sufficient P of that all . .-,ter hills have been fully paid to the village.
To appeal the shutoff of services, the customer must notify the Director of Formatted: Indent: First line: 0"
Public Works in writing before the actual shutoff date. If the owner notifies
the Director of Public Works in writing, the Director shall place the owner on
the agenda for the next regularly scheduled committee meeting, at which
time the the Village Board shall decide whether or not all or part of the water
services shall be shut off.
(d) The village may provide for a hardship payment plan for all outstanding water
bills.
Page 5 of 15
. er�:s��■:rr: _MW
a. Th„ F e sid..„c„ i uhi„e++s.. ateF seFyiee shy Leff f„r .d„li„q eRt „ „t• . Formatted: List 2
b. He/she has not „ _ usl., „lied fee and r ,„d a paymeRt „1a„
I sl' but net limitesl t., a haF dsh•„ .,„+ „Ia„ an the past 12_
„+mvr thS; vnd
6. He/she caRpFeV'sl„ rtificati. of @Ry ..f+he fall
1. Geyer„m„„+ i „,d unempleyment ati„„.
,
221. 1 .. „ hi.me R-ReFgy assistanee „ m ( ILICAD);
,
,
4. Feed stamps;
6. On s+i. ili+- , .dU ty,i G' U.d' s+s and national g Fd OF beeR
,disrhaFge.d fr„m the mil'+ar., i„ the last 190 days—;
,
7 Participants iR the T„m „e FaF., Assistanr_e fer Needy C-.milies (TAAIC)
-..Jw.'„istered by the U.S. C fl„„art..•.ent of Health and Human
SeMees. PFegFaM „format'„„ ailahle .,„_li„e v ., hhs rt
g D•, t' + in the C„ al Supplemental AI +rit's. Dr m f...-We e _
I f-. + d Ghil,dr„„ (WIG) administered by the U.S. C DepaF+m„„t r.f
,
r
Gr-
1!l Ali._eF Gas Reee„„eet Assistance PFegFa Fn
(2) LJ .d h' pGyngent „!Gn If aR ewReF qualifies „slur swh-so�+i„„ (1) above,
the fi„a„s...diFec-tee shall „lace thequalified- ., haF drhi„
5%+k-
(1) In order to request a payment plan, the customer must provide proof of
guaranteed financial assistance from other financial assistance programs.
Page 6 of 15
(2) If a customer qualifies under subsection (1) above, the Finance Director or
designee shall place the qualified customer on a hardship payment plan, with
the following terms:
a. Make a down payment of 40 percent of the total charges for water
(including past due and current charges);
b. Pay the remaining 60 percent of the unpaid water bills in full within
90 days, over three separate equal monthly payments;
c. Remain current with all other debt due and owing to the village, and
all current and future water bills not subject to this section; and
d. Make payments on time.
(e) If the customer fails to comply with or otherwise defaults on
the requirements of the hardship payment plan, all water servieeutility bills in
arrears shall be immediately due and payable.
(f) Nothing in this section shall be construed as a waiver of the village's ability to
collect unpaid water bills or other debt, lien any property or seek any
judgment as authorized by the Illinois Municipal Code (65 ILCS 5/1 et seq.) or
the Lemont, Illinois Municipal Code.
(g) When any service is shut off, it shall not be renewed except upon payment of
all amounts in arrears, and a turn -on fee in the amount established in the
annual fee ordinance is paid. Any water supply that has been shut off due to
delinquent payment of bills will be turned on only between the hours of 7:30
a.m. and 4:00 p.m.
(Code 1964, § 11.307; Code 1988, § 13.08.080; Ord. No. 0-60-13, § 1, 12-9-2013)
13.08.090. Notice of delinquency; lien claim.
(a) Whenever a bill for water service remains unpaid 30 days after it has been
rendered, the village attorney 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 for water
subsequent to the period covered by the bill.
Page 7 of 15
(b) If the consumer of water whose bill is unpaid is not the owner of the
premises, the village attorney, if he has notice of this, shall mail the notice of
lien claim to the owner of the premises.
(c) The failure of the village attorney 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 bills as mentioned in this section.
(Code 1964, § 11.309; Code 1988, § 13.08.090)
13.08.100. Foreclosure; collection of lien.
Property subject to a lien for unpaid water 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.
Such foreclosure shall be by bill in equity in the name of the village. The village
attorney is 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 bill for water has remained unpaid 30 days after it has been
rendered.
(Code 1964, § 11.310; Code 1988, § 13.08.100)
Page 8 of 15
13.09.020. Sewer rates; definitions.
(a) The sewer rates or charges for all property upon which any building has been
or may be hereafter erected, having a connection with the village sewer
system, shall unless otherwise indicated, be based upon the amount of water
consumed, as indicated by the water meters, in accordance with the annual
fee ordinance.
(b) For the purpose of this chapter, the following definitions will apply:
Business means a proprietorship, partnership, corporation, association (profit
or nonprofit), or state, county, township or municipal entity which provides
services, labor, or manufactures goods, equipment, merchandise, edibles or
consumer goods in return for compensation or for the good of the general public.
A single -business building contains one business. A multiple -business building
contains two or more businesses.
Multiple family residence means a building containing two or more dwelling
units.
Residential business building means a building having at least one dwelling
unit and at least one business unit.
Single-family residence means a building containing one dwelling unit.
(Code 1988, § 13.09.020)
13.09.030. Billing procedure; late fee, dishonored check, senior citizen discount.
(a) Bills for sewer use shall be sent e4t-every two months. Usage is based on
actual water meter readings. If an actual water meter reading cannot be
obtained, an estimated bill will be sent.
(b) All bills for sewer use shall be in the name of the
ewee4:owner, tenant or occupant of the building or unit
The owner of the property being provided municipal utility service, the
occupant thereof and the customer who uses the municipal utilities shall be
jointly and severally liable for payment of any bill rendered by the village for
such service or use.
Where a renter has vacated or abandoned the property to which the
municipal utility service is being supplied, and no new renter is in possession,
Page 9 of 15
then the municipal utility service account for the property shall be transferred
to and in the name of the owner of the property.
(c) The base (fixed) fee on sewer is applicable on all sewer bills whether water
service is on or off. The base (fixed) fee will not be pro -rated.
(d) For customer accounts that have more than one dwelling unit, the base (fixed)
fee is assessed per dwelling unit. Number of dwelling units within a customer
account is determined by the Building Department.
(ce) The net amount of the sewer bill is due and payable in full upon receipt of
such bill. Any bill paid after the 20th day of the billing month will have a te4�
percent charge of ten percent (10%) of the unpaid bill added to the bill
amount.
One (1) late charge over a 12 bill period may be waived by the Finance
Director or designee at the request of the customer. Additional late charges
may be waived by the Village Administrator or designee only in extenuating
circumstances at the written request of the customer. The decision to grant
additional waiver of late charges rests solely with the Village Administrator or
designee.
(f) Any customer who presents a check to the Village which is subsequently
returned by the customer's bank for any reason shall be subject to charges
and fees set forth in the annual fee ordinance.
(g) There shall be a senior citizen discount in the amount established in the annual
fee ordinance. The discount is only applicable to the dwelling unit in which
the senior citizen resides. To obtain the discount, the senior citizen must
present the following documents:
(1) Proof of age, being 65 years or older:
(2) Ownership and residency of the property: or
(3) Proof of residency, including rental agreement in individually metered Formatted: Indent: First line: 0"
rental unit.
(Code 1988, § 13.09.030)
Page 10 of 15
13.09.040. Delinquent payment; service shutoff conditions.
(a) In the event the ewReF eF , .dwelling ,nit OF b ail.din., customer fails to pay
the sewer bill or any portion, including delinquent charges, within 30 days
after the charges therefor become due and owing, it shall be the duty of the
director of public works to shut off the water and service to the building,
provided proper notice is given to the ownercustomer.
(b) Before the direr -ter Director of publiG Public works Works can shut off of the
water or sewer services, the eweer A customer at the dwelling unit or units
must be properly notified. The notice must be sent by registered mail, return
receipt requested, at least eight days prior to the actual date of shutoff of
services to the owner. The notice must state the reason for the shutoff and
the date the shutoff will occur, as well as charges for the resumption of the
services after the services have been discontinued on account of such default.
The notice must also give information about the right of an appeal and the
procedure for pursuing such appeal. If the registered mail is returned to the
village as undeliverable, posting notice on the dwelling unit or building shall
be sufficient notice for purposes of this section.
(c) Appeals of the shuteff of seFVi.,e.- .-h-.II he taken to the seweF n.d watn.
Eem....ittee of the village heaFd IF the ewneF eF the land washes to appeal the
shuteff of se..,iee.- i he must s eti fy the .di.eetec eF n6119146 a eFkS i .itiRg
hefe.e the ar.- -a1 ohuteff .date IF the a etifeeo the .d0Fe Gte. Of n61b1;G
yox.,.I.r, i i 'tin., the .di.eGteF shall nlaee the ewReF n the � .d na Fe. the .
eXt . u laxly sehe.dule.d mittee meetingat which tmmp th^ rwAFPr and
.ate. Mittee eF the village heaF d .hall .deei.de whether a et all „ aFt
F the water seMees shall he shut eff until the Final dete..v.iRatien as made by
the seweF and , Ater GeM.Rittee eF the village hea Fd
To appeal the shutoff of services, the customer must notify the Director of Formatted: Indent: First line: 0"
Public Works in writing before the actual shutoff date. If the owner notifies
the Director of Public Works in writing, the Director shall place the owner on
the agenda for the next regularly scheduled committee meeting, at which
time the Village Board shall decide whether or not all or part of the water
services shall be shut off.
(d) The village may provide for a hardship payment plan for all outstanding water
bills.
Page 11 of 15
(1) In order to request a payment plan, the customer must provide proof of Formatted: Indent: First line: 0"
guaranteed financial assistance from other financial assistance programs.
(2) If a customer qualifies under subsection (1) above, the Finance Director or, Formatted:lndent: Left: 0.33", First line: 0"
designee shall place the qualified customer on a hardship payment plan, with
the following terms:
a. Make a down pavment of 40 percent of the total charges for water
(including past due and current charges);
b. Pay the remaining 60 percent of the unpaid water bills in full within
90 days, over three separate equal monthly payments;
c. Remain current with all other debt due and owing to the village, and
all current and future water bills not subject to this section; and
d. Make payments on time.
(e) If the customer fails to comply with or otherwise defaults on the
requirements of the hardship payment plan, all utility bills in arrears shall be
immediately due and payable.
(f) Nothing in this section shall be construed as a waiver of the Village's ability to
collect unpaid utility bills or other debt, lien any property or seek any
judgment as authorized by the Illinois Municipal Code (65 ILCS 5/1 et seq.) or
the Lemont, Illinois Municipal Code.
Formatted_ Indent: -First line_ 0_
(dg) When any service is shut off, it shall not be renewed except upon payment of
all amounts in arrears, and a turn -on fee in the amount established in the
annual fee ordinance is paid. Any water or sewer supply which has been shut
off due to delinquent payment of bills will be turned on only between the
hours of 7:30 a.m. and 4:00 p.m.
(Code 1988, § 13.09.040)
13.09.050. Notice of delinquency; lien claim.
(a) Whenever a bill for sewer service remains unpaid 30 days after it has been
rendered, the village attorney 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
Page 12 of 15
village claims a lien for this amount, as well as for all charges for wateFsewer
subsequent to the period covered by the bill.
(b) If the sewer customer whose bill is unpaid is not the owner of the premises,
the village attorney, if he has notice of this, shall mail the notice of lien claim
to the owner of the premises.
(c) The failure of the village attorney 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 wateFsewer bills as mentioned in this
section.
(Code 1988, § 13.09.050)
13.09.060. Foreclosure; collection of lien.
Property subject to a lien for unpaid sewer 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.
Such foreclosure shall be by bill in equity in the name of the village. The village
attorney is 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 bill for sewer has remained unpaid 30 days after it has been
rendered.
(Code 1988, § 13.09.060)
Page 13 of 15
SECTION 3: Those provisions of the Village Code that have not been expressly amended by this
Ordinance shall remain in full force and effect.
SECTION 4: If any section, paragraph, clause or provision of this Ordinance shall be held invalid,
the invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 5: All Ordinances, Resolutions, Motions or Orders in conflict with this Ordinance are
hereby repealed to the extent of this Ordinance.
SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and
publication as provided by law.
Page 14 of 15
ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS,
ON THIS 8TH DAY OF JANUARY 2024.
AYES NAYS ABSENT ABSTAIN
Janelle Kittridge
Dave Maher
Ken McClafferty
V
Kevin Shaughnessy
V
Rick Sniegowski
Ron Stapleton
\J
Attest:
Charlene M. Smollen, Village Clerk
Page 15 of 15
Approved. -
John Egof Village P sident