13.20.050 Appeal procedures.

All persons to whom the village treasurer or collector has sent a notice of delinquency as provided in Section 13.20.040 shall have the right to contest whether such delinquency exists, or the amount of such delinquency, in accordance with procedures established in this section, and the notice of delinquency shall advise each such person of the availability of such procedures. The procedures shall be as follows:
A. The village treasurer or collector is authorized and directed to hear objections from any customer who has received a notice of delinquency, to determine whether such objections are meritorious, and to make appropriate adjustments in the amount of bills for services or other charges.
B. Objections from such customers shall be strictly confined to complaints that the customer has paid the charges or is being overcharged or charged for services not rendered or any other matter that raises a question concerning the accuracy of a bill or charge.
C. Objections shall be presented in person within the ten-day period specified in the notice of delinquency, at the office of the village treasurer or collector, during regular office hours. The customer is advised to telephone the village treasurer or collector to arrange an appointment to present his objections so as not to run the risk that the village treasurer may be temporarily absent from the office if the customer arrives unannounced.
D. At the time of presenting objections to the village treasurer or collector, the customer shall have the right to present proof and brief argument in support of his objections, recognizing however, that the hearing is meant to be informal.
E. If possible, the village treasurer or collector shall decide the merits of the objections and make any necessary adjustments in the amount of bills for services or other charges at the time the objections are presented and announce his decision to the customer. The village treasurer or collector shall also make a brief written notation for his own files of the name of the customer appearing, the date of the hearing, the nature of the objections raised, the decision reached, and the amount of the adjusted bill or charge, if appropriate. Upon the announcement of the decision, the customer shall pay the original or adjusted amount, as the case may be, within the ten-day period specified in the notice of delinquency, in order to avoid disconnection of services.
F. If the village treasurer or collector is unable to decide the merits of the objections at the time such objections are presented, or feels the need to consult with the superintendent of the system or with the chairman of the water and sewer committee of the village board of trustees, he shall instruct the customer to disregard the ten-day time limit specified in the notice of delinquency and shall also inform the customer that he shall receive written notice of the decision at a later date. When the village treasurer or collector is able to decide the merits of the objections, he shall send written notice of the decision to all persons who have appeared at the hearing by certified mail, return receipt requested, or by hand delivery, indicating that the original or adjusted amount, as the case may be, shall be paid within five days after receipt of the notice in order to avoid disconnection of services.
G. If the delinquent amounts consist of several bills or other charges, and if the village treasurer or collector is able to decide the merits of objections to some of the bills or charges at the time of the hearing, but is unable to decide the merits of objections to other bills or charges without consultation with other persons, he shall follow a combination of the procedures set forth in subsections E and F of this section, and the rights and responsibilities of the customer shall be as set forth in those subsections.
H. When the date of disconnection specified in the notices recited in this section falls on a Sunday or legal holiday, then the date of disconnection shall be the next succeeding secular day.
I. The decision of the village treasurer or collector under this section shall be final. (Ord. 1981-6 § 5, 1981: Ord. 1979-7 § 27.1, 1979)