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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