Title 13 PUBLIC SERVICES
Chapter 13.20 PAYMENTS, COLLECTIONS AND ACCOUNTING
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)