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O-08-26 Amending Title 13, Chapter 13.08 (Water Meters and Water Rates) and Chapter 13.09 (Sewer Rates) of the Municipal CodeD 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Darshana Prakash, Finance THROUGH: George Schafer, Village Administrator Ralph Pukula, Public Works Director 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: February 23, 2026 SUMMARY/BACKGROUND Consideration and approval of amendments to Title13, Chapters 13.08 and 13.09, to provide additional clarity and formally codify existing practices, including revisions specifying when and to whom an unpaid balance may be transferred and identifying acceptable documentation for senior discounts and payment plans. This was discussed at the February 16 Committee of the Whole meeting. ANALYSIS Consistency with Village Policy STAFF RECOMMENDATION Approve the Ordinance BOARD ACTION REQUESTED Approve the Ordinance ATTACHMENTS Ordinance Amending Title 13 Chapters 13.08 13.09 - FINAL.pdf VILLAGE OF LEMONT ORDINANCE NO. _ r- (o 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 Adopted by the President and Board of Trustees Of the Village of Lemont This 23r`' Day of February, 2026 Published in pamphlet form by Authority of the President and Board of Trustees of the Village Of Lemont, Cook, DuPage, and Will Counties, Illinois this 23rd day of February, 2026 Page 2 of 15 ORDINANCE NO. O- ,,-26 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 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 frilly 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 stfi et4o„as follows: Page 3 of 15 13.08.060. Water rates; definitions. (a) The water- rates or ehafges f6r- all pfapefty upon whieh any i1II1g 11UJ VL•e of may be hefeaftef efeeted, havi . -etion with the village watef system-, shall be base upon the nl mAiTTotint of watereonstimed, as indica4ed by the w metefs, in aecor-danee with the sehedule and fates in the amotint established in the '-annual fee ofdinZCnee. (ba) For purposes of this seeti ,n and seet ons 1 n4 non and i nn nQnchapter, 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. bl The water rates or charLyes for all aropertv upon which anv buildiniz 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. (Code 1964, § 11.305; Code 1988, § 13.08.060) 13.08.070. Billing procedure; late fee; dishonored check; senior citizen discount. (a) Bills for water used shall be sent 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-,4he- * *here^ and the customer who uses the municipal utilities shall be Page 4 of 15 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, then the municipal utility service account balance for the property shall be transferred to and in the name of the owner of the property. (Ec) The base (fixed) fee on water is applicable on all water bills whether water service is on or off. Base (fixed) fee ^„ will not be pro -rated. (dd) 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. (ee) The net amount of all water bills is due and payable in full seeh illby the due date. Any bill paid after the 20th day of the billing month will have a late charge of ten percent (10%) of the unpaid current bill added to the bill amount. One (1) late charge over a 12 month 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. (ff) Any east" er- who presents a eheekpayment made 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. (gg)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 pfesent provide: the following ,aoeti , ents. (1) Proof of age, being 65 years or older; (2) Proof of Owne,-ship ownership and rip mary residency of the property;—er- l9�lil�<SllSl Acceptable documents as proof are:- • Property tax bill • Property closing documents Page 5 of 15 • Lease agreement 9Quit Claim Deed (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 Director of Public Works to shut off the water service to the building, provided proper notice is given to the customer. (b) Before the Director of Public Works can shut off *'-ediscontinue water services, the customer at the dwelling unit must be properly notified by telephone, personal delivery or certified U.S. mail with return receipt:, at least eight days prior to the actual date of shutoff of services. The notice must state the fease f6f 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 alse-geprovide reference to this Ordinance which includes information won the right of an appeal and the procedure for pursuing such appeal. If the certified mail is returned to the village as undeliverable or unaccepted, posting notice on the dwelling unit or building shall be sufficient notice for purposes of this section. (c) To appeal the shutoff of services, the customer must notify the Director of 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. (1) In order to qualify for a payment plan, the customer must provide proof of eli ig•bility and/or guaranteed financial assistance from the Lemont Township or LIHEAP (Low Income Home Energy Assistance Pro rg_am) esker financial assistance programs. (2) A payment plan can only be offered once in a three year period. Page 6 of 15 (�3) 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; and e. Remain ettr-fentwith all othef debt due and owing to the village, and all etir-fent and Attur-e water- bills not subjeet to this seetion dc. Make timely payments on current and future bills.tme. (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. Upon nonpayment, the Village reserves the right to discontinue water service The water service can be reconnected only after full payment of balance on account, including the reconnection fee per the annual fee ordinance. (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 511 et seq.) or the Lemont, Illinois Municipal Code. (g) When any service is shut off, it shall not be ren reconnected except upon payment of all amounts in arrears, including a tom onreconnection fee in the amount established in the annual fee ordinance is paid. Any water supply that has been s-ef€discontinued due to delin ent—nonpayment of bills will be t nreconnected only on weekdays MondaythroughFriday efA�- 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 may take whatever action is lawful and necessary to collect delinquent accounts, including, without limitation, termination of service, hiring a collection agency, until the delinquent account has been paid in full, including any service charges and costs of collection. Page 7 of 15 (b) If a customer moves from one address to another within the village, the unpaid balance will be transferred to the new address. (c) A tenant's unpaid balance will be transferred to the landlord's residential account if the landlord resides within the village. (hd) Whenever a bill for water -service remains unpaid 30 days after it has been rendered, the village -reserves the right to 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 as well as lien processing and recording fees- (ee) If the ,,, nsun e f of watercustomer whose bill i-s-remains unpaid is not the owner of the premises, the village, shall mail the notice of lien claim to the owner of the premises. (df) The failure of the village 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. i o sewer - rates or eh rges fi r al property upon 11rhie any building has boon or may be hereafter efeeted Y1n1 ..tl n _011neetio + �V1t1the village sewer- system,be based upon the amount of water- . ed, as iI dictate by �� n4or ter-s, in aeeofdanee with the annual foe Crn�CC�I�IC[�C�7�I1-U�C�TCCCn IL�,�OTL1�CIiC uiliil{ul tb` (ha)For the —purposes 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. abl The sewer rates or charges for all vrovertv 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. (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 every two months. -For commercial customers, Rage-us_�is based on actual water meter readings. If an actual water meter reading cannot be obtained, an estimated bill will be sent. (Supp. No. 15) Created: 2023-05-03 15:04:03 [EST] Page 9 of 15 (b) All bills for sewer use 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- e,.,, ant thefeof 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, 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. (e) The net amount of the sewer bill is due and payable in fullupen ----ipt of sue ' by the due date. Any bill paid after the 20th day of the billing month will have a late charge of ten percent (10%) of the unpaid bill added to the bill amount. One 1) late charge over a 12 month period may 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 eustomef who presents a cheepayment made 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 Page 10 of 15 senior citizen resides. To obtain the discount, the senior citizen must provide (1) Proof of age, being 65 years or older; (2) Proof of Ownership and primary residency of the property-,--o-r- (3i Proof of residene in elu inn fent l agreement in individually moiorv� Fental unit. Acceptable documents as proof are: • Property tax bill • Property closing documents • Lease agreement • Quit Claim Deed (Code 1988, § 13.09.030) 13.09.040. Delinquent payment; service shutoff conditions. (a) In the event the customer fails to pay the sewer 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 director of public works to shut off the water and service to the building, provided proper notice is given to the customer. (b) Before the Director of Public Works can shut discontinue the water or sewer services, the customer at the dwelling unit or units must be properly notified by telephone, personal delivery or certified U.S. mail with return receipt., at least eight days prior to the actual date of shutoff of services. 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 provide reference to this Ordinance which includes also give information about the right of an appeal and the procedure for pursuing such appeal. If the certified mail is returned to the village as undeliverable or unaccepted, posting notice on the dwelling unit or building shall be sufficient notice for purposes of this section. (c) To appeal the shutoff of services, the customer must notify the Director of Public Works in writing before the actual shutoff date. If the owner notifies the Page 11 of 15 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. (1) In order to requ -squali _ for a payment plan, the customer must provide proof of eligibility and/or guaranteed financial assistance from the Lemont Township or LIHEAP (Low Income Home Energy Assistance Program) eta financial assistance programs. (2) A payment plan can only be offered once in a three year period. (23) 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; and MINI .: - - :- LWA dc. Make timely payments on current and future billst. (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. Upon nonpayment, the Village reserves the right to discontinue water service. The water service can be reconnected only after full payment of balance on account, including the reconnection fee per the annual fee ordinance. (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 511 et seq.) or the Lemont, Illinois Municipal Code. (g) When any service is shydiscontinued, it shall not be "er�d-reconnected except upon payment of all amounts in arrears, and including a tum enreconnection fee in the amount established in the annual fee ordinance -ice Page 12 of 15 paid. Any water of sewefsupply which has been effdiscontinued due to delinquent7nonpayment of bills will be tufned onreconnected only on weekdays Monday through Friday, 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 may take whatever action is lawful and necessary to collect delinquent accounts, including, without limitation, termination of service, hiring a collection agency, until the delinquent account has been paid in full, including any service charges and costs of collection. (b) If a customer moves from one address to another within the village, the unpaid balance will be transferred to the new address. (c) A tenant's unpaid balance will be transferred to the landlord's residential account if the landlord resides within the village. (bd) -Whenever a bill for wate sewer service remains unpaid 30 days after it has been rendered, the village reserves the right to 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 sewer subsequent to the period covered by the bill as well as lien processing and recording fees- (ee) If the sew customer whose bill is -remains unpaid is not the owner of the premises, the village shall mail the notice of lien claim to the owner of the premises. (ef) The failure of the village 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 sewer- 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 sewet sewer charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay Page 13 of 15 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 f^� for sewer -has remained unpaid 30 days after it has been rendered. (Code 1988, § 13.09.060) (Supp. No. 15) Created: 2023-05-03 15:04:03 [EST] Page 14 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 fiill force and effect upon its passage, approval and publication as provided by law. Page 15 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 23rd DAY OF FEBRUARY 2026. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES Samuel Forzley Janelle Kittridge Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: Charlene vAy..' Smollen,*&llage Clerk 6EAL t� 11/in6%s NAYS ABSENT ABSTAIN Approved: John Egofske, Village President Page 16 of 15