G-400 - 06/23/1987 - WATER - Ordinances ORDINANCE NO. G- 400
AN ORDINANCE AMENDING SECTIONS 12-70(B) (5) AND 12-70(C)
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
WHEREAS, case law indicates that due process requires that a
pretermination hearing be held prior to the shutting off of utility services; and
WHEREAS, the Village of Oak Brook wishes to conform its ordinances with
its administrative policy of providing water termination procedures to insure
that a customer is afforded the opportunity to present objections prior to the
termination of water services; and
WHEREAS, the corporate authorities find that it is in the best interest
of the Village that the amendments set forth below be made.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Section 12-70(B) (5) of the Code of Ordinances of the
Village of Oak Brook is hereby amended to read as follows:
(5) Water shutoff; non-reading of meter. In eases where
for any cause the meter cannot be read for a period
of three (3) months the department will turn off the
water upon due notice and an opportunity to be heard
unless the customer provides access to the meter
immediately.
Section 3: That Section 12-70(C) of the Code of Ordinances of the
Village of Oak Brook is hereby amended to read as follows:
(C) Nonpayment of bills. The water supply may be shut
off in whole or in part from any premises for which
the water meter bill, repair bill or any other bill
remains unpaid thirty (30) days after the date of
such bill; provided, however, water service shall
not be shut off until a minimum of seven (7) days
written notice has been given to the party to whom
the water bills are mailed that the party will be
given an opportunity to be heard as to why the
service should not be shut off. The written notice
shall also be posted on the entrance of the premises
involved. When the water has been shut off, the
supply shall not be turned on except upon payment of
the delinquent bill, and any other outstanding
charges, and the fee specified for turning on water.
(1) In the event any water bills or charges for
service are not paid within thirty (30) days
after rendition of the bill for such service,
such charges shall be deemed and are hereby
declared to be delinquent, and thereafter such
delinquencies shall constitute liens upon the
real estate for which such service is supplied,
and the Village collector is hereby authorized
and directed each month to file sworn
statements showing such delinquencies in the
office of the Recorder of Deeds of DuPage
County, Illinois, and the filing of such
statements shall be deemed notice of a lien for
the payment of such charges for such service.
Section 4: That all ordinances or parts thereof in conflict with the
provisions of this Ordinance be and the same are hereby repealed to the extent of
such conflict.
Ordinance No. G- 400
Amending Sections 12-70(B) (5)
and 12-70(C) of the Code of
Ordinances
Page two
Section 5: That the Village Clerk is hereby authorized and directed to
publish this Ordinance in pamphlet form in the manner provided by law.
Section 6: That this Ordinance shall be in full force and effect from
and after its passage, approval and publication in pamphlet form, all as provided
by law.
PASSED THIS 23rd day of June , 1987.
Ayes: Trustees Bartecki, Bushy, Maher, Rush and Winters
Nayg: None
Absent: Trustee Imrie
APPROVED THIS 23rd day of June , 1987.
4
Vi We esi t
ATTEST:
1
Villag'@ Clerk
Approved as to Form.
Village Attorney
Published 6-24-87 Pamphlet form
Date Paper
Not Published