Definitions.

Chapter 20 – Waters and Sewers

Article III.  Sewers.

Division 1.  Generally

Sec. 20-28.      Definitions.  [back to top]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Director means the Director of Public Works of the Village or his authorized deputy, agent or representative.

Engineer means the person hired by the Village as Village Engineer or his authorized representative.  He shall prepare a water and sewer atlas and update same.

Inspector means the person duly authorized by the Village to inspect and approve the installation of the public sewer or water system and any connection thereto.

Manhole means a structure of suitable design and construction to permit access to the sewer from the surface for inspection, control and maintenance to the public sewer.

Plans means the official documents, including detailed specifications and engineering drawings, which explain the work to be performed.  All plans must bear the written acceptance of the Engineer to be official. (Ord. 63-35)

Sec. 20-29.      Statement of Policy and Purpose.  [back to top]

It is the policy of the Village to maintain the most economical, highest standards of treatment of the domestic and industrial wastes collected at the sewage treatment plant of the Village in order that such wastes be given a degree of treatment necessary to prevent the pollution of the waters of the State. The main purpose of this Article is to control the use and possible misuse of the Village sewers. (Ord. 63-35.)

Sec. 20-30.      Depositing Excrement, Garbage, etc., on Public or Private Property.  [back to top]

It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Village, or in any area under the jurisdiction of the Village, any human or animal excrement, garbage or other objectionable waste.  (Ord. 63-35.)

Sec. 20-31.      Installation of Toilet Facilities and Connections Required.  [back to top]

The owner of each house, building or property used for human occupancy, employment, recreation or other purpose, situated within the Village and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the Village, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article, within ninety (90) days after the date of official notice to do so; provided that such public sewer is within two hundred (200) feet of the property line.

Repair or replacement of the sewer service line shall be at the expense of the owner or person in control of the property concerned.  It shall be the responsibility of such person to maintain and keep in repair the sewer service line between the dedicated right of way or Village easement for utility services and the building.  The Village may, in case of emergency, repair any sewer service lines, and if this is done, the owner shall be responsible for the cost of such work and the amount thereof shall be a lien against the premises to the same extent and with the same effect as delinquent water and sewer charges.  (Ord. 63-35; 88-12.) 

Sec. 20-32.      Right of Entry of Village Employees for Purposes of Inspection, Testing, etc.  [back to top]

The Director and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this Article.  (Ord. 63-35.)

Sec. 20-33.      Violations.  [back to top]

Any person found to be violating any provision of this Article except Section 20-34 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.

Any person who shall continue any violation beyond the time limit provided for in this Section shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each violation, and each day in which any such violation is permitted to exist shall constitute a separate offense.

Any person violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned to the Village by reason of such violation.  (Ord. 63-35; 91-19)

Sec. 20-34.      Garage Drainage.  [back to top]

Floor drains in garages shall be connected with the storm sewer system.  Such drains shall have intercepting mud or grease traps adequate to prevent the flow of mud or grease in the storm system.  (Code 1959, §645.)

Division 2.  Connections and Specifications.

Sec. 20-35.      Applicability of Division.  [back to top]

The construction of public sanitary sewers and appurtenances for public use in the Village shall conform to the requirements of this Division.  (Ord. 70-02.)

Sec. 20-36.      Installation of Permanent Markers.  [back to top]

(A)       The developer or owner who installs or causes to be installed a new sanitary sewer or water main that will become the property of the Village will cause permanent markers to be installed in the concrete curb identifying the points where the curb crosses the service trenches.

(B)       The developer or owner will require his curb contractor to imbed permanent markers in the vertical or horizontal face of the curb at all crossing points before the concrete hardens.

(C)       The markers shall be the letter "W" and the letter "S" and shall measure at least three (3) inches in height.  Materials may be metal, plastic or other material approved by the Village Engineer. (Ord. 75-50.)

Sec. 20-37.      Connections--Generally.  [back to top]

(A)       Extensions to the public sanitary sewer systems may not be connected to such system until permits have been granted by both the State Sanitary Water Board and the Village.

(B)       Any drains or private sewers shall normally be connected to the public sanitary sewer by means of a sixty (60) degree "Y" fitting installed in the main line. Unused "Y" fittings shall have socket ends closed by watertight rubber or plastic stoppers suitably fastened or braced to prevent dislodging by back pressure from the main line.

(C)       Where no "Y" branch has been provided, connection to the main line may be made by installing a new "Y" in the proper location or by machine cutting a tapered hole into the main and applying a chemically cemented "Y" saddle.

(D)       Each slant, tapered hole, "Y" branch or other connection shall be the same size as the existing private sewer or drain, unless otherwise ordered by the Engineer.

(E)       In no instance shall any connection to the public sanitary sewer restrict, obstruct or otherwise diminish or interfere with the flow of sewage in such sewer.

(F)       Connections to the public sanitary sewer shall be made only in the presence and to the satisfaction of the Engineer, inspector or their authorized representative. In the event one of the above is unavailable or if notice has not been received in time for the inspection to be accomplished during construction, the contractor will be required to uncover the connection so that proper inspection can be made. (Ord. 70-02; 79-54)

Sec. 20-38.      Connections--Notification of Readiness for Inspection; Supervision of Connection.  [back to top]

An applicant for a building sewer permit shall notify the Director of Public Works when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director or his representative.  (Ord. 63-35, §306.)

Sec. 20-39.      Sewer Tap-on Fees.  [back to top]

(A)       Where sanitary sewer service requires the tapping of sanitary sewers, it shall be the responsibility of the person obtaining sanitary sewer service, at his own expense, to provide proper excavating to the sanitary sewer, to backfill same, to make the necessary connection to the sanitary sewer, and to restore the street area to its original condition, including repaving or any other restoration where necessary.

(B)       All work shall conform to specifications set forth in the Village Code.  When the sanitary sewer connection is made to the public sewer system of the Village, the connection shall be made under the supervision of the Director of Community Development or his representative, and a certificate of approval must be issued prior to the use thereof.

(C)       The charge for each sanitary sewer service connection shall be as herein set forth.  The charge for each sewer service connection shall be based upon the size of the water meter serving the same premises, regardless of the diameter of the sanitary sewer service connection tile or pipe.  If there is no water meter serving the premises, then the three quarters (3/4) meter tap-on fee shall apply.

                Base Sewer Tap-on Fees and Charges

Plus:  a Capital Cost Recovery fee equal to fifty dollars ($50.00) per lineal foot of the applicant’s property frontage adjacent to a Village-financed sewer main at which the connection is made.  If the adjacent sewer main has been privately financed, a recapture fee may be owed to a private developer under a recapture agreement with the Village.

(D)       The total sewer tap-on fee for a single-family residential subdivision shall be the sum of the individual sewer tap-on fees for the various lots of the subdivision.  The total sewer tap-on fee for a townhouse, apartment, condominium or similar development shall be the sum of the sewer tap-on fees for each unit.

(E)       If a non-residential development contains more than one (1) water meter, the total sewer tap-on fee shall be the sum of the sewer tap-on fees based upon the individual meters.

(F)       No connection with a sanitary sewer shall be made without a permit having been issued and twenty-four (24) hours notice having been given to the Director of Community Development or his representative.  All such connections shall be made and all such work done at the expense of the applicant who shall also furnish materials necessary for such work; all such connections shall be made under the supervision of the Director of Community Development, and no connections shall be covered until the work has been inspected by him. Applications for such connections shall be made through the Community Development Department, and a fee as stated in the Fees Section of the Building Code shall be paid for the permit and inspection.

(Code 1959, §641; Ord. 90-29; 92-2; 93-17; 94-9; 95-4; 95-109; 97-3; 09-67)

Sec. 20-40.      Materials--Pipes and Fittings.  [back to top]

All pipes and fittings twenty-four (24) inches in diameter and smaller shall be best quality vitrified clay pipe conforming to AST, designation C700, "Specified for Extra Strength Clay Pipe."

The following pipe materials may be installed in place of the vitrified clay pipe in locations where the ultimate service area has been determined to be entirely residential by the Village Engineer:

(A)       Armco Truss Pipe ASTM designation D2680-70 or equal.

(B)       Johns Manville Ring-Tile PVC Sewer Pipe or equal with pipe and fittings meeting or exceeding all of the requirements of ASTM specification D-3034-72.

All pipe and fittings twenty-seven (27) inches in diameter and larger shall be Class III reinforced concrete pipe as specified in ASTM designation C76, Table III, Wall B, "Specifications for Reinforced Concrete Culvert Storm Drain and Sewer Pipe"; except that all pipe to be jacked, as shown on the plans, shall conform to ASTM and WPCF Manual of Practice shall apply. (Ord. 79-54)

Sec. 20-41.      Materials--Manholes.  [back to top]

Manholes shall be constructed of monolithic concrete or precast concrete rings, unless otherwise shown on the plans.

(A)       Ladder rungs shall be ductile iron with a twelve (12) inch tread and thirteen (13) inch hooks equivalent to or better than Neenah R-1981-W as shown in their 1969 construction castings catalogue "R."

(B)       Manhole frames, lids and covers shall be of cast iron in the shapes and dimensions shown on the plans. Standard frames and covers for use in paved areas shall be equivalent to Neenah R-1031, (four hundred fifty (450) pound) with Type "B" lids of non-rocking design. The standard frames and covers for use in parkways and other nonpaved areas shall be equivalent to Neenah R-1060, (three hundred fifty (350) pound) with Type "B" lids of non-rocking casing.  (Ord. 70-02; 79-54)

Sec. 20-42.      Materials--Building Sewers.  [back to top]

All building sewer shall be vitrified clay pipe or polyvinyl chloride pipe with A.S.T.M.C. 425-58 joints, Type I or III.

A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the Director of Public Works.  (Ord. 63-35; 78-02; 79-54)

Sec. 20-43.      Joints.  [back to top]

(A)       Each length of vitrified clay pipe shall be jointed in such manner as to produce a compression type joint conforming to the requirements of ASTM designation C425, "Compression Joints for Vitrified Clay Bell and Spigot Pipe," or ASTM designation C594, "Compression Couplings for Vitrified Clay Plain-End Pipe."

(B)       All reinforced concrete pipe shall be rubber gasketed in accordance with ASTM designation C443, "Compression Joints for Reinforced Concrete Sewer Pipe." 

(C)       All polyvinyl chloride pipe shall be jointed by a compression type joint making the connection secure and watertight.  (Ord.  70-02; 78-02; 79-54.)

Sec. 20-44.      Pipe Laying.  [back to top]

(A)       All vitrified clay pipe shall be emplaced in accordance with ASTM designation C12, "Installing Vitrified Clay Sewer Pipe."

(B)       All other types of pipe shall be emplaced in accordance with the applicable ASTM specifications for that material or as designated in the approved plans and specifications. (Ord. 70-02; 79-54.)

Sec. 20-45.      Excavations Crossing Other Underground Facilities; Backfilling.  [back to top]

(A)       Wherever the excavations for a public sanitary sewer cross any other underground facilities, such underground facilities shall be left undisturbed and in place, unless removal or replacement has been provided for in the plans and specifications.

(B)       When the sewer crosses public water facilities in such a way as to result in a vertical separation of less than eighteen (18) inches, special provisions shall be made to prevent possible contamination of the water supply.

(C)       All excavations for the public sanitary sewer which fall beneath paved areas shall be completely backfilled with properly compacted granular materials as approved by the Engineer.  (Ord. 70-02; 79-54.)

Sec. 20-46.      Prevention of Infiltration of Storm Water, Surface Runoff, etc.  [back to top]

Since it is very costly for the Village to treat storm water, surface runoff and ground waters that may mingle with the polluted sewage that the sanitary sewers are intended to carry, prudent caution and effort shall be exercised to prevent the infiltration of these unwanted sewers into the sewage works. Before connections of extensions, private sewers or drains are made to the public sanitary sewer, they shall have passed an infiltration test.  The type or manner of testing shall have previously been approved by the Engineer or Superintendent.  The maximum acceptable infiltration rate shall be two hundred (200) gallons per day, per inch-diameter, per mile of pipe, which is equal to 0.0-01578 gallons per hour, per foot of length, per inch-diameter. (Ord. 70-02; 79-54)  

Sec. 20-47.      Inspection Prior to Issuance of Permit or Plat Approval.  [back to top]

(A)       The developer or owner who installs or causes to be installed a new sanitary sewer that will become the property of the Village will furnish the Village with a bond to cover the cost of a closed circuit television inspection prior to the issuance of a sewer permit or, if the sewer is part of a new subdivision, prior to the approval of the final plat of subdivision.

(B)       The Village Engineer is directed to require that prior to final acceptance of any newly installed sanitary sewer and approximately eleven (11) months after installation of the sewer, the owner or the developer shall cause to be made an inspection by closed circuit television of the sewer system, excepting sewer services, showing thereby that the sewer system has been constructed in accordance with the approved plans and specifications and that the sewer system is free of any and all accumulations of foreign substance and nature and that the passage flow of sanitary sewage is free and clear and that there are no structural defects.  If, as determined by the Village Engineer, the sanitary sewers are large enough for a visual inspection to be made, in lieu of an inspection by closed circuit television, such a visual inspection shall be made and are part of such inspection submitted to the Village.

(C)       Prior to televising the sewer, the owner or developer shall, at his own expense, clean the sewer line with a jet-rodder or other equipment approved by the Engineer.

(D)       Upon completion of such inspection and upon receipt of a written report of such inspection together with such photographs as may have been taken and, if satisfied that such sewer is free and clear of all foreign substance and free of all structural defects, the Village Engineer is hereby authorized to recommend to the Mayor and Board of Trustees, approval of the sanitary sewer.  All inspection records and photographs shall remain the property of the Village.

(E)       If, in the event the owner or developer fails to perform such inspection within thirty (30) days of receipt of a written request from the Village, the Village shall cause such inspection to be made and shall recover the cost of such inspection from the bond. (Ord. 73-32; 79-54.)

Division 3.  Discharges into Public Sewers.

Sec. 20-48.      Certain Discharges and Connections Prohibited.  [back to top]

(A)       No person shall discharge or cause to be discharged any storm water, surface water, ground waters, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water to any sanitary sewer.

(B)       No person shall connect or cause the connection of any of the following drains or outlet pipes to any public sanitary sewer:

(1)        Building storm drains

(2)        Foundation drains

(3)        Area drains

(4)        Driveway drains

(5)        Patio drains

(6)        Yard drains

(7)        Sump pump drains or outlet pipes which collect or include the collection of rain water, storm water or ground water.

(C)       No person shall discharge or cause the discharge from any drains in or onto public sidewalks or public roadways.  (Ord. 63-35; 79-54; 91-19.)

Sec. 20-48.1.   Right of Entry of Village Employees for Purposes of Inspection, Testing, etc.  [back to top]

The Director and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, at all reasonable hours, to inspect any premises connected to a public sanitary sewer for purpose of determining whether any drains or outlet pipes as described in Section 20-48 exist on or serve the premises.  The fact that the owner or occupant of such premises accepts and uses sanitary sewer service provided by the Village shall constitute a consent to the making of such inspection.  No person shall refuse to admit authorized agents of the Village to any premises for such purpose.  In the event any such authorized representative is hindered in making the inspection, the Director of Environmental Services or his authorized agents may apply to any court of competent jurisdiction for an order commanding the owner or occupant of any premises to permit access for purposes herein described.  (Ord. 91-19)

Sec. 20-48.2.   Inspection Prior to Transfer of Property.  [back to top]

(A)      Definitions.  For the purposes of this Section, the following words shall have the meanings hereinafter ascribed to them:

Beneficial interest shall mean any interest, regardless of how small or minimal such interest may be, in a land trust, held by a trustee for the benefit of beneficiaries of such land trust.

Owner shall mean any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, or a receiver, executor, trustee, conservator or other representative appointed by order of any court, who holds either legal title to property served by the Village's sewer system or who holds a beneficial interest in such property.

(B)       Inspection required prior to transfer of property.  Prior to the transfer by the owner of any property served by the Village sewer system, the owner shall permit the Village to conduct an inflow and infiltration inspection of the premises.  The purpose of the inspection shall be to assure compliance with Section 20-48 and the Clean Water Act of 1977.

(C)       Issuance of real estate transfer stamps.  No real estate tax stamps shall be issued by the Village Director of Finance unless an inflow and infiltration inspection has been conducted.  It shall be unlawful for any person to occupy property subsequent to transfer of title or assignment of a beneficial interest until the inspection required herein has been performed.  If after inspection by the Director of Environmental Services or his authorized agent the property is determined to be in compliance with Section 20-48, the Director or his/her designee, shall issue, without a fee, a certificate of compliance to the owner of said property.  If the property is not in compliance, a certificate of non-compliance shall be issued by the Director or his/her designee.  When a certificate of non-compliance is presented to the Village Treasurer, real estate transfer tax stamps will not be issued unless the purchaser of the property: (1) signs an agreement to have the property brought into compliance within ninety (90) days and (2) deposits a cash escrow with the Village Director of Finance in an amount equal to the maximum Village reimbursement for its private sector disconnection program (see Ordinance No. 91-20).  The property owner or his/her designee has the responsibility to meet the inspector at the time of the scheduled transfer of property inspection.  Failure to cancel the inspection at least twenty-four (24) hours prior to the scheduled inspection time or to meet the inspector at the time of the scheduled inspection shall result in the imposition of a no-show fee in the amount of $50.00.

(Ord. 91-19; 92-91; 21-13)

Sec. 20-49.      Sump Pumps--Connection and Discharge--Generally.  [back to top]

Sump pumps used to drain basements and footing drain tiles shall not be connected to the sanitary sewer system, building sewer or building drain, but should discharge through a one and one-quarter (1-1/4) inch minimum discharge pipe, discharging to the outside of the basement no less than eighteen (18) inches beyond the foundation wall on the surface of the ground or a storm water drain tile, if available. (Ord. 63-35, §401A.)

Sec. 20-50.      Sump Pumps--Houses with Overhead Sewers.  [back to top]

In houses with overhead sewers, a separate sump pump will be required for laundry facilities and inside floor drains.  This is to be discharged into the sanitary sewer. (Ord. 63-35, §401B.)

Sec. 20-51.      Special Requirements for Toilets Installed in Basements or Below Ground Level.  [back to top]

Wherever toilets are installed in basements or below the ground level, there must be either a combination manual and automatic check valve between the toilet and house lateral sewer, including an access pit to make the mechanism accessible, or a sewage ejector pump, unless the Village Engineer certifies that such devices are not necessary. (Ord. 63-35, §401C.)

Sec. 20-52.      Gravity Sewers and Other Drain Lines.  [back to top]

Gravity sewers draining any basement, below grade area or crawl space shall not be connected to any public storm sewer or other drain lines connected to the public storm sewer unless the Village Engineer certifies that a gravity sewer is feasible and a sump is not necessary.  (Ord. 63-35, §401D.)

Sec. 20-53.      Grease, Oil and Sand Interceptors.  [back to top]

Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients; except, that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Village Engineer and shall be located as to be readily and easily accessible for cleaning and inspection.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature.  They shall be of substantial construction, when bolted in place, shall be gastight and watertight.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (Ord. 63-35; 79-53)

Sec. 20-54.      Control Manholes--Installation, Construction and Maintenance.  [back to top]

The owner of any property other than residential served by a building sewer carrying other than storm water, shall install a minimum four (4) foot inspection manhole on the building sewer to facilitate observation sampling and measurement of the wastes.  Such manhole shall be easily accessible and safely located, and shall be constructed in accordance with plans approved by the Village Engineer. When an industrial building contains more than one (1) unit, each unit shall have its own sewer service terminating in an inspection manhole. Each unit shall have separate washroom facilities for men and women. Not more than four (4) individual services shall be connected to any one (1) inspection manhole.  The manhole or manholes shall be installed by the owner at his expense, and shall be maintained by him as to be safe and accessible at all times. (Ord. 63-35; 68-28; 74-36; 79-54; 82-45.)

Sec. 20-55.      Construction of Storm Water Drains, Downspouts, etc.  [back to top]

It shall be unlawful to construct or permit the construction of any storm water drain which discharges water into any sidewalk in the Village. It shall be unlawful to construct or permit the maintenance of any such drain which discharges into any public street or alley at a height greater than eighteen (18) inches above the ground or pavement.

No downspout shall be connected to a sanitary or combined sewer.  Downspouts emptying onto the ground shall be provided with splash blocks.  Proper runoff swales shall be provided to avoid flooding of adjoining lower property. (Code 1959, §647; Ord. 79-54)

Sec. 20-55.1.   Discharges into Storm Sewers Prohibited.  [back to top]

(A)       Purpose. 

(1)        As storm sewers and manmade and natural water courses exist within the corporate limits of Addison and in its unincorporated areas.

(2)        As the efficient conveyance of storm waters through these systems is deemed necessary to minimize the accumulation of runoff of storm or flood waters which may create hazards to persons, damage to property and threaten public health, safety, comfort and welfare.

(3)        Deliberate or unintentional disposal of trash, debris or unwanted materials directly into the storm water conveyance systems will interfere with, obstruct and restrict their efficient conveyance capabilities.

(4)        The purpose of this ordinance is to keep the storm water conveyance systems free and clear of restrictions so as to avoid hindering their performance and so as to minimize the expense and inconvenience to individual property owners and the general public because of flooding.

(B)       Definitions.

Storm sewer means a conduit, pipe or open lined or unlined ditch which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

Manmade and natural watercourses means natural or artificial channels of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

Flood Plain means the area adjacent to a water course which has been or may be intermittently covered by flood water asdelineated on the regulatory flood plain maps prepared by the Illinois Department of Transportation, Division of Water Resources for the administration of the flood plain regulations for the Addison watershed; or in lieu of these maps, the flood hazard boundary maps, prepared by the Federal Insurance Administration, Federal Emergency Management Agency.

(C)       Regulations.  The keeping or disposal of trash, debris, obstructions or unwanted materials, unless otherwise permitted, into the storm sewers or manmade or natural water courses or in areas identified as flood plain is unlawful. 

(D)       Powers and authority of inspectors.  Duly authorized employees of the Village of Addison, bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation and measurement in accordance with the provisions of this ordinance.

(E)       Penalties.

(1)        Any person found to be violating the provision of this ordinance shall be served by the Village of Addison with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and correct all existing violations noted in the written notice.

(2)        Any person who shall continue any violation beyond the time limit provided for in Section (E)(1) shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) for each violation. Each day in which such violation shall continue shall be deemed a separate offense.

(3)        Any person violating the provisions of this ordinance shall become liable to the Village of Addison for any expense, loss or damage occasioned the Village of Addison by reason of such violation. (Ord. 80-85)

Article IV.  Rates and Charges.

Sec. 20-56.      Required.  [back to top]

All property upon which any building has been or may hereafter be erected having a connection with any mains or pipes which may be hereafter constructed and used in connection with the Village water system shall pay rates as are from time to time regularly adopted by the Village Board.  (Code 1959, §633; Ord. 92-117)

Sec. 20-57.      Construction Use.  [back to top]

During the construction of any building and before any water is installed, as is herein provided, the contractor so constructing such building may be permitted to use the Village water supply by making application therefor and paying a fee as prescribed by the Board of Trustees or by metering the amount consumed. (§635.)

Sec. 20-58.      Schedules.  [back to top]

There are hereby established rates and charges for the use of and for the services supplied by the municipal water and sewer/wastewater treatment system, based upon the amount of water consumed as follows:

(A)      Rates:

Basic User Charge,

                                           Bi-Monthly Per Unit

Rates per thousand gallons, as of the following effective dates, for use of water or sewer service:

(B)      Water rates for users outside corporate limits.  Users outside the corporate limits of the Village will be charged twice the Village rates for water service.

(C)      Minimum billing. The minimum to be charged shall be based on two thousand (2,000) gallons bi-monthly consumption per unit.

(D)      Delayed payment charges. When payment of a bill is not made within twenty-one (21) days from the date of billing, there will be a charge of ten percent (10%) added to such bill.

(E)     Multiple unit service connections. When more than one (1) dwelling unit or other users are served by a common meter, the charge for such users shall be determined by dividing the gallons consumed by the number of units served by each meter and will be charged by the applicable rates included in this Article. 

(F)       All nonmetered users of the wastewater facilities shall pay a minimum bimonthly flat rate charge as of the following effective dates of use:

Effective Date                      Flat Sewer Rate

5/1/2021                                         $94.10

5/1/2022                                           97.76

5/1/2023                                          100.75

In the event use of the wastewater facilities is determined by the Village to be in excess of thirteen thousand (13,000) gallons bimonthly, the Village may require such flat rate user to install metering devices on the water supply or sewer main to measure the amount of service supplied.
 

(Ord.  63-35; 69-77; 74-39; 79-54; 80-26; 83-13; 84-12; 84-46; 87-73; 88-55; 91-6; 92-117; 93-126; 98-28; 03-50; 04-34; 05-42; 08-22; 13-21; 15-19; 16-25; 18-11; 19-47; 21-15, 40, 4)

Sec. 20-59.      Meters Required; Installations Generally; Applications for Installation; Deposits.  [back to top]

All water supply shall be metered to the consumer.  The fee for a new or replacement water meter, which is a one (1) inch meter or less, and remote transmitter shall equal the cost of the meter and transmitter plus an additional one hundred percent (100%) for handling and installation.  The fee for a new or replacement water meter, which is more than one and one (1) inch, and remote transmitter shall equal the cost of the meter and transmitter plus an additional ninety dollars ($90.00) for handling and delivery. The fee shall be paid at the time an application for connection to the water system or for a replacement meter is filed with the Village.  No water or sewer service shall be supplied unless the premises or property to be so served is connected with the Village system, except where the Village, in its sole discretion, has determined that Village water service cannot be made available to the premises.  All new service connections shall be installed at the expense of the applicant and the applicant shall specifically install and maintain at his expense that portion of the service from the main to his premises, including a stop and waste cock at the end of the house side of his service. The tap, fittings, shut-off valve and buffalo box shall be located in such manner and at such place as the Director may require.  The minimum earth cover of the applicant's sewers shall be three (3) feet.  Before making any connections, application must be made in writing to the Director.  Such application for such installation or connections shall describe the premises to be connected and shall state such other factual information as the Director may require and shall expressly provide that applicant will pay all costs of installation. (63-35; 68-34; 79-54; 91-6; 06-34; 14-25)

Sec. 20-60.      Joint and Several Liability of Owner, Occupant, etc.  [back to top]

The Owner of the premises, the occupant thereof and the user of either water or sewerage service, or both water and sewerage service, shall be jointly and severally liable to pay for the service on such premises. The services shall be furnished to the premises by the Village only upon the condition that the Owner of the premises, occupant and user of the service shall be jointly and severally liable therefor to the Village.

For the purposes of this Section, “Owner” shall mean any person who alone, or jointly and severally with others, is: (1) the legal title holder or holders to the premises with or without accompanying actual possession thereof; (2) the beneficial owner or owners of the premises through an Illinois Land Trust if legal title to the premises is held by such a trust; (3) the purchaser of the premises under a real estate installment sales contract; (4) any person serving as executor, administrator, trustee or guardian of an estate if legal title to the premises is held by the estate; or (5) any person, including the agent of the legal title holder, who is authorized or entitled to control, manage or dispose of any of the premises. (Ord. 63-35, 79-54; 21-59)

Sec. 20-61.      Bills and Billing.  [back to top]

(A)       Duty of Finance Director. It is hereby made the duty of the Finance Director to render bills for water and sewerage service and all other charges in connection therewith and to collect all monies due thereon.

(B)       Time.  Bills shall be rendered bi-monthly and shall be payable within twenty-one (21) days from date of billing.  Bills for water used shall be dated and sent out at such times as may be directed by the Mayor and Board of Trustees.

(C)       Delinquent accounts.  All bills for water and sewer service not paid within twenty-one (21) days after the billing date shall be deemed delinquent.  The Village shall serve on either the owner, the occupant, the user, or any of them, a written final notice of such delinquency.  If a delinquent bill is not paid within seven (7) days after the date of final notice, the water supply to the premises may be discontinued or fines may be assessed as hereinafter provided.

In addition, if a delinquent bill is not so paid after it is so deemed delinquent, whether or not the final notice herein provided has been served, payment is required for services rendered.  The owner of record of the real estate, as referenced by the taxpayer's identification number, and the user will be served a termination notice seven (7) days after final notice.  If payment is not received, or if a Payment Plan is not executed pursuant to Section 20-63, or if a Payment Plan is not complied with within seven (7) days thereafter, either (1) the water service may be shut off or (2) daily fines may be assessed as provided in Section 20-73.  In the case of a building with multiple residential dwelling units that is served by a single, metered water service line, daily fines shall be assessed in lieu of shutting off water service to the building.

(Code 1959, §634; 63-35; 76-44; 79-54; 91-26; 92-91; 92-117; 19-47)

Sec. 20-62.      Reading of Meters.  [back to top]

The Finance Director shall use his/her best efforts to read or cause to be read every water meter used in the Village at such times as are necessary that the bills may be sent out at the proper time. In the event the Finance Director is unable to have meters read bi-monthly due to severe weather, etc., estimated billings may be sent out to continue billing on a timely basis.  (Code 1959, §632; Ord. 92-91; 92-117)

Sec. 20-63.      Payment Plan.  [back to top]

The Director of Finance may accept an amount less than all past due bills and charges if said lesser amount is paid in conjunction with the execution of a Payment Plan by the customer.  A Payment Plan shall only be available to the owner of an owner-occupied single family dwelling unit who is able to provide evidence of significant hardship that would warrant a partial deferral of the water and sewer/wastewater treatment payment for a limited period of time.

In the event that the customer fails to comply with the terms and conditions of the Payment Plan, the customer’s account shall be deemed a delinquent account and shall be subject to the process and penalties set forth in Section 20-61(C).  (Code 1959, §633; Ord. 75-44, 79-54; 19-47)

Sec. 20-64.      Shutting off Water on Failure to Pay.  [back to top]

(A)          Pursuant to Section 20-61, the water supply may be shut off from any premises for which the bill for water, sewer, industrial wastewater surcharge, administrative charges or fines imposed for non-compliance with the provisions of Chapter 20 or Chapter 23 of this Code, or any combination thereof, remains unpaid. When shut off, water shall not be turned on except upon the payment of a seventy-five dollar ($75.00) fee plus all past due bills and charges.  If water service has been shut off, water service shall only be restored during the Finance Department’s normal turn-on hours (8:00 a.m. to 5:00 p.m.) Monday through Friday (excluding holidays).

(B)       The Director of Public Works or his designee shall cause the final notice of termination to be mailed to the customer prior to termination of service.  Said final notice of termination shall set forth the proposed date of termination and shall notify the customer that he has seven (7) days within which to challenge termination of service as being unjustified by written notice to the Director of Public Works.

(C)       The Director of Public Works, upon receipt of said written notice, shall schedule a hearing on the challenge.  The Director shall hold the hearing and render a final decision thereon.  The customer may be present at the hearing with counsel, may cross-examine witnesses, may offer witnesses and evidence and may present defenses to the termination.  All testimony shall be taken under oath.

(D)       In the event a decision to terminate service is rendered, the customer may appeal said decision to the Village Manager or his designee.  The decision of the Village Manager or his designee shall be final.

(E)       The Director of Public Works shall have the power to terminate service or to cause fines to be assessed pursuant to Section 20-73 of this Chapter after compliance with the foregoing provisions of this Section.

(Ord. 97-20; 19-47)

Sec. 20-65.      Notice to Village to Discontinue Service.  [back to top]

Any user desiring to discontinue the Village's services to his premises must give notice of discontinuance in writing to the Finance Director.  If such notice is not given such user shall remain liable for services rendered by the Village until such notice is received by the Village.

If the consumer of water and/or user of sewerage service whose bill is unpaid is not the owner of the premises and the Finance Director has notice of this, then notice shall be mailed to the owner of the premises, if his address is known, whenever such bills remain unpaid for a period of twenty-six (26) days after the billing date.  (Ord. 63-35; 79-54; 92-117)

Sec. 20-66.      Charges Where Meter Has Failed, etc.  [back to top]

Where a meter has failed to register or meter readings cannot be obtained, the quantity of water consumed for billing purposes will be based on an average of the prior twelve (12) months consumption and the condition of water service prevailing to the period in which the meter has failed to register.  (Ord. 63-35; 11-29)

Sec. 20-67.      Revenues--Receipt and Disposition by Collector.  [back to top]

All revenues and monies derived from the operation of the water and sewer treatment systems shall be held by the Village Collector separate and apart from his private funds and separate and apart from all other funds of the Village. All of such funds, without any deductions whatsoever, shall be delivered to the Village Director of Finance not more than ten (10) days after their receipt or at such more frequent intervals as may from time to time be directed by the Village Board. (Ord. 63-35; 92-91)

Sec. 20-68.      Revenues--Receipt and Disposition by Director of Finance.  [back to top]

The Village Director of Finance shall receive all such revenues from the water and sewer treatment systems and all other funds and money incident to the operation of such systems and deposit such revenues in a separate fund designated as the "Water/Sewer Fund of the Village of Addison". The Director of Finance shall administer the fund in every respect in the manner provided by State law. (Ord. 63-35; 92-92; 19-47)

Sec. 20-69.      Copy to be Filed.  [back to top]

A copy of this Article, properly certified by the Village Clerk, shall be filed in the office of the Recorder of Deeds of the county and shall be deemed a notice to all owners of real estate of their liability for water and sewerage service supplied to any occupant or user of such services on their property. (Ord. 63-35.) 

Sec. 20-70.      Liens--Charges to be Liened; Filing; Notice.  [back to top]

Charges for water and/or sewerage service shall be a lien upon the premises as provided by statute. Whenever a bill for water and/or sewerage service remains unpaid thirty (30) days after it has been rendered, said bill shall be delinquent, and the Finance Director may file with the Recorder of the County 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 the date when such amount became delinquent.

If the consumer of water and/or user of sewerage service whose bill is unpaid is not the owner of the premises and the Finance Director has notice of this, then notice shall be mailed to the owner of the premises, if the owner’s address is known, whenever such bills remain unpaid for a period of thirty (30) days after they have been rendered.

(Code 1959, §637; 88-3; 19-47)

Sec. 20-71.      Liens--Foreclosure.  [back to top]

Property subject to a lien for unpaid water and/or sewerage service charges shall be sold for nonpayment of such charges, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, including reasonable attorneys' fees, as is the case in the foreclosure of statutory liens.  Such foreclosure shall be in the name of the Village.

The Village Attorney is hereby authorized and directed to institute such proceedings, in the name of the Village, in any court having jurisdiction over such matters, against any property for which the water and/or sewerage service bill has remained unpaid for forty (40) days after the billing date.  (Code 1959, §638; 79-54; 88-3; 92-117)

Sec. 20-72.      Mandatory Meter Reading.  [back to top]

It shall be mandatory that said meters be read at least once a year.  All owners, residents and lessees of units shall allow access to Village personnel for the purpose of obtaining an actual reading from the meters.  If the owners, residents or lessees shall refuse such access, the water may be shut off. 

Prior to said shut-off, written notification shall be served upon said owners, residents or lessees, either by mail or personal service, affording the owners, residents or lessees a hearing.

Prior to turning the water back on, all costs and attorney fees incurred by the Village must be paid.

If said access is refused, the Village may seek an order of court from a court of competent jurisdiction granting access to the premises.  (Ord. 83-36.)

Sec. 20-73.      Penalties.  [back to top]

Any person, firm or corporation violating any provision of this Chapter shall, unless otherwise provided, be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each such offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.  (Ord. 96-100; 11-29)
 

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