CHAPTER 34
Utility Ordinance: Division 104 -
User Charge System and Additional Charges (p. 25)
1. User Charge System
2. Additional Charges for Industrial Users
3. Sampling and Monitoring Charges
4. Billing Procedures and Penalties
5. Collection Procedures: Delinquent Residential
Accounts
Sec. 34‑104.5 Billing
Procedures and Penalties
104.5.1 User charge for sewage services established by
this Article shall be made monthly for all residential customers. Each bill shall be rendered or dated on a
monthly cycle following the period for which the charges are made. All residential bills for the monthly period
of service shall be payable within 25 days from rendition. If a bill remains unpaid, either partially or
totally after the due date, said charges shall then be delinquent and there
shall be added a late-payment penalty in the amount of 1-1/2% (1.5%) of the
outstanding balance, which will continue to be charged each month thereafter
that the bill remains delinquent and outstanding. Whenever the period of usage of the City’s
Utility Systems is less than the full period, charges for such use may be
pro-rated.
104.5.2 User charge for sewage services established by
this Article shall be made monthly for all non-residential customers. Each bill shall be rendered or dated on a
monthly cycle following the period for which the charges are made. All non-residential bills for the monthly
period of service shall be payable within 20 days from rendition. If a bill remains unpaid, either partially or
totally after the due date, said charges shall then be delinquent and there
shall be added a late-payment penalty in the amount of 1-1/2% (1.5%) of the
outstanding balance, which will continue to be charged each month thereafter
that the bill remains delinquent and outstanding. Whenever the period of usage of the City’s
Utility System’s is less than the full period, charges for such use may be
pro-rated.
104.5.3 All non‑sufficient
fund checks received by the Kankakee Municipal Utility will be subject to a
$25.00 charge plus all remedies available to the City under the civil and
criminal remedies of the State of
104.5.4 User charge bills
rendered shall show names of persons charged, location of property for which
charges are made, basis of the rate on which the charges are made, the amount
due, when and where payable, the period for which the charge is made, and any
additional information deemed necessary by the Superintendent for the Kankakee
Municipal Utility's purpose. If a delinquency exists, the amount of penalty
charged and the date of the delinquency shall also be shown.
104.5.5 The superintendent
shall receive all revenue from the City’s Utility Systems and all other funds
and monies incident to the operation of the City’s Utility Systems as may be
delivered to him, and deposit all such revenues.
104.5.6 For all residential
users of the City's Utility Systems, a five percent (5%) discount may be
allowed on their first bill of the City's fiscal year (May 1 through April 30)
for the payment of user charges for utility services on an annual basis.
104.6.1 NOTICE OF VIOLATION:
In the event a user charge rendered to any parcel of real estate or residential
unit thereon becomes 90 days delinquent and the user/owner has received a
Notice of Delinquency, the Kankakee Municipal Utility may prepare a Notice of
Violation to be served on the user/owner in any of the following manners, or
combinations thereof;
By regular first
class mail addressed to the user/owner at his last known place of business or
residence, or other address where it is reasonably believed that he will
receive the Notice;
By certified or
registered mail, return receipt requested, addressed to the user/owner at his
last known place of business or residence, or other address where it is reasonably
believed that he will receive the Notice;
By personal or abode service in a manner that, and by a person who, would be appropriate for the service of a Summons in a civil action on the individual, partnership or corporation pursuant to the civil practice law of Illinois in effect at the time of the service, except that no court order appointing the person serving shall be required; or
By publication in the
manner and to the extent permitted in a civil action in lieu of service of
Summons pursuant to the civil practice law of
The Notice of Violation shall be served not less than thirty (30) days before service of a Notice of Disconnection is made. Service by mail is accomplished upon mailing. The affidavit of the person who served the Notice of Violation is prima facie evidence of service and may be rebutted only by clear and convincing evidence to the contrary.
The Notice of Violation shall specify the amount
of delinquent user charges and penalties, the period of delinquency and the
service. The Utility may also notify any
other person with an interest in the subject premises whose rights may be
affected by continued enforcement proceedings.
104.6.2 NOTICE OF DISCONNECTION: If payment of
the delinquent user charges does not occur within 30 days of service of the
Notice of Violation, a Notice of Disconnection shall be served by one of the
methods prescribed (with the exception of regular first class mail) at least
thirty (30) days prior to the disconnection date to the users, the owner and to
the mortgage and lien holders of record. The building code enforcement office
shall be notified of the disconnection date. The Notice of Disconnection shall
state the service address, the amount of delinquent charges, interest, and
penalties, and the earliest date on which disconnection might take place.
A property disconnected pursuant to the
provisions of this Chapter may be reconnected upon payment by cash or certified
check of all outstanding charges, interest and penalties and payment of all
costs and fees incurred by the Kankakee Municipal Utility in performing the
disconnection as well as costs assessed. Any reconnection pursuant of this
Section must comply with all ordinances of the Kankakee Municipal Utility. A disconnect fee and a reconnect fee will be
assessed and collected by the Kankakee Municipal Utility in all cases. No reconnection shall be made if the user is
otherwise indebted to the City of
104.6.3 LIENS: Whenever such
user charges for sewage service become delinquent as set forth herein, the same
shall become and constitute a lien upon the real estate to which sewage service
is supplied. The Superintendent shall
file sworn statements showing such delinquencies in the Office of Recorder of
Deeds of the County of Kankakee, Illinois, which shall be deemed notice of the
lien for payment of such sewage service.
The claim for lien shall be made in the form of a sworn statement
setting out (a) a description of the real estate sufficient for the
identification thereof, upon and for which sewage service was supplied, (b) the
amount or amounts of money due for such sewage service and (c) the date or
dates when such amount or amounts became delinquent. If all amounts shown due remain unpaid after
recording as provided by law, the City may foreclose such lien in a like manner
and with like effect as in the foreclosure of mortgages on real estate. In the alternative, the City may in its
discretion, file suit to collect such amounts as are delinquent and due against
the owner of the real estate or against the occupant or user of the real estate
in a civil action and shall collect, as well, all court costs pertaining to
said action, the same to be fixed by order of the court plus the cost of
preparation of such notices and forms required.
104.6.4 ADDITIONAL CHARGES: In
all cases where the user charge for sewage service has become delinquent and
the City elects to file a statement thereof in the Office of Recorder of Deeds
as hereinabove set forth, there shall be added in addition to the amount due
the City such charges and expenses as are necessary and required to verify the
legal description of the property to which the lien is to attach, plus the
recorder's fee for the filing of such statement plus the cost of preparation of
such notices and forms required. In each instance, the Superintendent shall be
authorized and directed to include such additional costs in the amount claimed
due the City in the notice of lien.
The Kankakee Municipal Utility shall add interest at a rate of eight percent (8%) per annum on all liens filed against property owners for delinquent charges, and shall add interest at a rate of nine percent (9%) per annum on all judgments filed against users or property owners for delinquent user charges.
104.6.5 OWNER RESPONSIBILITY: The failure of any
owner of property or sewer user to receive a bill or statement of user charges
shall not be grounds for non‑payment or reason to extend or defer the
date upon which payment is due or avoid the inclusion of penalties and
interest. Record title owners of property which are subject to recording of
notice of lien or judgment pursuant to the terms herein shall be charged with
notice of the existence of the charge and are responsible for ascertaining from
all amounts, if any, due as provided in this Article. The fact that the record title owner is not
the user pursuant to the definition thereof in this Article shall not relieve
the owner of the burden on title caused by the recording of such lien or
judgment or the foreclosure thereof.
104.6.6 PRE-EXISTING, PAID-UP CONTRACTS: Any written
contracts or agreements between the City of Kankakee and the user/owner that
were entered into prior to the effective date of this Ordinance and in which
the payments are up-to-date will continue in full force and effect so long as
payments are current. All other agreements are hereby declared to be null and
void.
104.6.7 AMNESTY: No property will be disconnected if the
owner/user makes payment in full of all outstanding user charges for said
property by
104.6.8 APPLICATION OF
PAYMENTS: The user/owner of multiple properties may designate on the payment
which properties said payment is to apply to. If not designated, the City of