ASSESSING AND COLLECTING CHARGES (11-12-330 et seq.)

Municipal Code of Chicago tit. 11, ch. 11-12, art. V

in effect

Municipal Code of Chicago § 11-12-330 Liability for charges.

11-12-330 Liability for charges. The owner or owners of a property, location or address where water or water service is supplied shall be jointly and severally responsible for payment for any water or water service supplied. Upon a determination that any owner did not timely pay his water or sewer charges, the comptroller may institute collection action with the department of administrative hearings by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the department of administrative hearings. The billing statement, notice of a water service charge or notice of delinquent payment of a water service charge shall be prima facie evidence that the owner identified in the statement or notice shall be liable for such charge and any delinquent payment fee. (Prior code § 185-33; Amend Coun. J. 3-28-01, p. 55444, § 4; Amend Coun. J. 5-2-01, p. 57409, § 3; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-2-09, p. 78837, Art. 5, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. XII, § 3; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 3; Amend Coun. J. 11-26-19, p. 11514, Art. V, § 1)

Municipal Code of Chicago § 11-12-340 Reserved. Editor's note – Coun. J. 11-16-16, p. 37901, Art. IV, § 4, reaffirmed the repeal of § 11-12-340, which pertained to metered service – billing. For the original repeal, see Coun. J. 12-2-09, p. 78837, Art. 5, § 5.

Municipal Code of Chicago § 11-12-350 Reserved. Editor's note – Coun. J. 12-8-04, p. 38063, § 1, repealed § 11-12-350, which pertained to metered rowhouses and townhouses – charges – shutoff.

Municipal Code of Chicago § 11-12-360 Metered rowhouses and townhouses - Individual meters.

11-12-360 Metered rowhouses and townhouses - Individual meters. Owners of individual units are authorized to request an individual meter providing the owner modifies the plumbing at his expense in order that a meter can be installed. Remote reading devices are available at the owner's expense. Shutoff of services shall be in accordance with Section 11-12-110. (Prior code § 185-34.2; Added Coun. J. 11-28-84, p. 11190)

Municipal Code of Chicago § 11-12-370 Reserved. Editor's note – Coun. J. 12-8-04, p. 38063, § 1, repealed § 11-12-370, which pertained to townhouses and similar structures – seller's permit.

Municipal Code of Chicago § 11-12-380 Townhouses and similar structures - Right of entry - Owner responsibilities.

11-12-380 Townhouses and similar structures - Right of entry - Owner responsibilities. The commissioner may deem it necessary to enter private or public property at the owner's expense, for the purpose of correcting violations and/or to protect the public health safety, and welfare. Paraphrasing Sections 11-8-050* and 11-12-040, the owner is responsible for water piping toward the building unit from the shut-off rod box to the furthermost water outlet. In that meter vaults and vaulted sidewalks are usually on the outlet side of the shut-off rod box, it is, therefore, the owner's responsibility to construct and maintain same and to prevent frost or flood damage resulting therefrom. If the department's expenses are not paid within 30 days from the date of the first notice, the water service may be terminated at owner's expense. (Prior code § 185-34.4; Added Coun. J. 12-18-84, p. 12090; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-8-04, p. 38063, § 1) * Editor's note – Repealed by Coun. J. 3-28-01, p. 55444, § 1.

Municipal Code of Chicago § 11-12-390 Townhouses and similar structures - Shared repair expenses.

11-12-390 Townhouses and similar structures - Shared repair expenses. Where there is incompatibility among owners, trustees, or association members, on individually owned duplexes, townhouses, condominiums, cooperatives or similar structures that share a common water service, with or without a meter, and the city is compelled to make repairs or alterations thereon, either on public or private property to protect the public health, safety and welfare the city's expenses will be shared equally by all owners being supplied by said common water service. If after 30 days' written notice one or more owners refuses to reimburse the city for their share of said expenses, the city may terminate, at the owner's expenses, water service to those units that are in arrears. (Prior code § 185-34.5; Added Coun. J. 12-18-84, p. 12090)

Municipal Code of Chicago § 11-12-400 Determination of charges.

11-12-400 Determination of charges. All assessments shall be made by the commissioner from reports of regularly qualified field assessors or rate-takers. (Prior code § 185-35; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-2-09, p. 78837, Art. 5, § 5)

Municipal Code of Chicago § 11-12-410 False returns.

11-12-410 False returns. Should any field assessor, rate-taker, shutoff man or other employee make false returns as to the width, or height in stories, of a building, or as to the number of fixtures therein, or as to the character of the business which by its nature would be assessable under the tariff of rates set forth in this Code, he shall be removed from office according to law. (Prior code § 185-36)

Municipal Code of Chicago § 11-12-420 Payment of charges.

11-12-420 Payment of charges. The water rates or charges established under this Code shall be billed in such time periods as established by the comptroller, and shall be added to and separately recited on a unified statement of charges. A late payment penalty assessed at a monthly rate of one and one-fourth percent shall be imposed on all water charges for which payment in full is not received within 24 calendar days from the date the bill therefor was sent, as shown by the records of the department of finance. All revenues received for payment of water use rates, charges and penalties shall be deposited to the water revenue fund. Where the correctness of an inspection on which an assessment is based on or an amount of refund calculated, is disputed, and where, in the case of a late payment penalty, complaint of such correctness has been made within the period prior to the time the usual penalty would be imposed, and where the adjusting of such complaint requires additional time, the penalty may be held in abeyance up to and including the tenth day succeeding the remailing of such bill. The late payment penalty established pursuant to this section shall not be imposed upon persons who are 65 years or older, who own and reside in their own residence and who have a separate water meter or water assessment. (Prior code § 185-37; Amend Coun. J. 6-28-91, p. 2475; Amend Coun. J. 6-23-93, p. 34793; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-14-05, p. 66648, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 5, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 9; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 3; Amend Coun. J. 11-16-16, p. 37901, Art. IV, § 5)

Municipal Code of Chicago § 11-12-430 Cancelling charges for transitory or portable devices.

11-12-430 Cancelling charges for transitory or portable devices. Where charges against any premises appear on the books of the department for devices of a transitory or of a portable nature, including hose, hydraulic motors for washing machines, etc., where it may be possible to conceal such devices if inspection is anticipated, such charge may be cancelled upon presentation of an affidavit by the owner, agent or occupant of such premises, such affidavit to be in the form prescribed by the commissioner. The chief water assessor shall then cause an inspection of said premises to be made, and where the result of such inspection verifies the claim made in such affidavit the charge for such hose or device so decreased upon affidavit shall remain cancelled. In case the result of such inspection indicates that the affidavit was made in an endeavor to escape the payment of water rates or charges which according to the provisions of this chapter should have been paid, then the charge which has been so decreased shall be immediately restored, and a penalty equal to the amount of such charge may be collected. These charges shall become immediately due and payable. (Prior code § 185-39; Amend Coun. J. 12-4-02, p. 99026, § 1.12)

Municipal Code of Chicago § 11-12-440 Reserved. Editor's note – Coun. J. 11-16-16, p. 37901, Art. IV, § 4, reaffirmed the repeal of § 11-12-440, which pertained to refund because of certain nonuse. For the original repeal, see Coun. J. 12-2-09, p. 78837, Art. 5, § 5.

Municipal Code of Chicago § 11-12-450 Reserved. Editor's note – Coun. J. 3-1-06, p. 71320, § 2, repealed § 11-12-450, which pertained to refund because of vacancy.

Municipal Code of Chicago § 11-12-460 Leakage.

11-12-460 Leakage. No deduction shall be made or rebate allowed to any consumer of water under meter control by or on account of any leakage or alleged leakage in any water pipe, tank or other apparatus or device. The amount of water registered by any meter controlling the water supply to any building, structure or premises, shall be charged and paid for in full, irrespective of whether such water, after having been registered, was lost by leakage, accident or otherwise, except registration of fire meters occasioned by a fire or by evaporation as hereinbefore provided. (Prior code § 185-42)

Municipal Code of Chicago § 11-12-470 Leak Relief Pilot Program.

11-12-470 Leak Relief Pilot Program. (a) Title. This section shall be known and cited as the Leak Relief Pilot Program. (b) Purpose. The Leak Relief Pilot Program is intended to address unexpected City water and sewer bills for customers whose properties experience underground water leaks on their metered water service line. (c) Definitions. For purposes of this section, the following definitions shall apply: “Basis period” means either the 12-month period before the leak started or the 6-month period after the leak was repaired. If these time periods are not representative of the average amount of water supplied to the property for which relief is sought, then the basis period will be timeframe determined by the Department of Finance after review of the account and any relevant documentation. “Comptroller” means the Comptroller of the City of Chicago, or the Comptroller’s designee. “Eligible leak” means a leak on a property owner’s water service line where: (1) the water service line is controlled by a meter located outside of the property; and (2) the leak is located on the water service line underground between the meter and the property; and (3) the leak impacted the property owner’s utility bill; and (4) the Department of Water Management has confirmed the location of the leak; and (5) the leak was repaired on or after January 1, 2023. “Eligible leak period” means the period when the Eligible Leak impacted the property owner’s utility bill as determined by the Department of Finance. “LRP” means the Leak Relief Pilot Program created by this section. “Participant” means a participant in the LRP. “Property owner” means the owner of a single family, two-unit, or three-unit residence, or a commercial property with a water service line of 1 inch in size or less, located in the City of Chicago. (d) Eligibility. A property owner may become a participant in the LRP if: (1) the property owner applies to the Comptroller to become a participant; and (2) the water service line serving the property has experienced an eligible leak; and (3) a property owner has never been granted relief under the LRP for the property in question. The Comptroller may require the property owner to provide all documents which may be reasonably needed to support a property owner’s eligibility for the LRP as a part of the application for relief. (e) Determination of relief. After acceptance and enrollment in the LRP, the Department of Finance shall: (1) review the billing history of the participant; (2) review the history of water passing through the meter at the participant’s property, and any other relevant information, to determine which service periods were likely impacted by the eligible leak; (3) calculate the average amount of water passing through the meter during the basis period; (4) provide a credit adjustment to reduce the amount of the charges for service during the eligible leak period to an estimated amount based on the average amount of water passing through the meter during the basis period. If the basis period average is higher than the eligible leak period average, then no adjustment shall be applied. (f) Rules. The Comptroller is authorized to adopt such rules as the Comptroller may deem necessary for the proper implementation, administration, and enforcement of this section. (g) Property interest. The LRP is created in the City’s sole discretion, and participation in the program and any benefits that result from the program are not intended to create a property interest in any participant or in any individual eligible for the program. (h) Expiration. This section shall expire and be repealed of its own accord, without further action by the City Council, on December 31, 2026. (Added Coun. J. 5-22-24, p. 11628, § 1) Editor's note – Coun. J. 10-28-15, p. 12062, Art. IX, § 3, repealed former § 11-12-470, which pertained to cash refunds. Coun. J. 11-16-16, p. 37901, Art. IV, § 4, reaffirmed the repeal of this section. For the original repeal, see Coun. J. 12-2-09, p. 78837, Art. 5, § 5.

Municipal Code of Chicago § 11-12-480 Payment allocation.

11-12-480 Payment allocation. Whenever a payment is made for charges on a unified statement of charges and such payment does not cover the full amount of the current charges or any unpaid charges from a prior unified statement of charges, any amount paid shall be allocated pro-rata among the unpaid charges, including any associated penalties, oldest statements first. For purposes of this Section 11-12-480, the term "charges" shall include the Chicago Water and Sewer Tax imposed by Chapter 3-80 of this Code. (Prior code § 185-44; Amend Coun. J. 3-28-01, p. 55444, § 4; Amend Coun. J. 5-2-01, p. 57409, § 4; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 3; Amend Coun. J. 3-16-16, p. 19439, § 1; Amend Coun. J. 9-14-16, p. 29720, § 2; Amend Coun. J. 7-20-22, p. 50569, § 4)

Municipal Code of Chicago § 11-12-483 Suspension of new charges.

11-12-483 Suspension of new charges. (a) Upon the Department's termination of nonmetered water service to any building, structure, or premises, the charges for water service shall be prorated through the date of such termination, and no new charges for water service shall be assessed unless and until water service is restored. A temporary disconnection, such as a disconnection in order to perform necessary repairs or maintenance of water mains or other infrastructure, or in an emergency to allow the property owner to make repairs to the property's plumbing infrastructure, shall not be considered a termination of nonmetered water service. (b) Assessment of charges shall resume on the date of the restoration of service. (c) When water service has been restored without authorization of the Commissioner, and no date of restoration can be determined, charges for water service shall resume and shall be charged back to the date of shut-off. (d) This section shall not be construed to suspend any penalties or fines on any past due amounts. (Added Coun. J. 11-26-19, p. 11514, Art. V, § 2; Amend Coun. J. 11-24-20, p. 24619, Art. IV, Ch. 1, § 1) Editor’s note – Pursuant to Coun. J. 11-26-19, p. 11514, Art. XV, this section shall take effect on January 1, 2021.

Municipal Code of Chicago § 11-12-485 Unauthorized reconnection of cut off water supply.

11-12-485 Unauthorized reconnection of cut off water supply. (a) No person, unless acting under the direction of the commissioner, shall reconnect or turn back on any water supply which has been shut off or withheld by the department. The owner of the building, structure or premises for which the water is supplied, the person in possession, charge or control thereof and any person who reconnects or turns back on the water supply, shall be subject to a $500.00 fee imposed by the department of water management. (b) Any person against whom the department imposes a $500.00 fee pursuant to subsection (a) shall have a right to a hearing to contest the fee, if he or she files a written demand for a hearing within 14 days from the date of notice served by the department assessing the fee. Notice may be served in person or by first class mail. The date of the notice shall be the date notice is delivered, if served in person, or the date notice is deposited in the mail, if served by first class mail. A hearing shall be conducted by the department of administrative hearings within 14 days of receipt of a written demand for a hearing, unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. A hearing held pursuant to this section shall not determine or otherwise adjudicate liability for any unpaid water rates or charges related to the department's order to shut off or withhold the water supply which was reconnected or turned back on improperly. (c) Nothing in this section shall be interpreted as prohibiting the department from collecting any cost and expenses incurred as a result of the unauthorized use of the water supply reconnected in violation of this section and also any unpaid water rates, as provided by other applicable law. (Added Coun. J. 3-28-01, p. 55444, § 5; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 11-8-12, p. 38872, § 205)

Municipal Code of Chicago § 11-12-486 Annual water report.

11-12-486 Annual water report. On or before April 1 of each year, the Commissioner and Comptroller shall submit a report to the Committee on Finance and the Committee on the Budget and Government Operations concerning water shutoffs conducted pursuant to Section 11-12-015 during the prior calendar year. The report shall indicate the number of shutoffs by category of shutoff as authorized pursuant to Section 11-12-015. The report shall also indicate the total dollar amount of arrears for each of the following property classifications: (a) Single-family dwellings; (b) Two-unit residential structures; (c) Three-unit residential structures; (d) Four-unit residential structures; (e) Five-unit residential structures; (f) Six to 12 unit residential structures; (g) More than 12 unit residential structures; (h) Combination of residential and commercial structures; (i) Commercial structures; (j) Industrial structures. The report shall also indicate, for each type of property classification listed above, (1) the number of metered and non-metered accounts that were shutoff; (2) the number of meters installed by the City on previously unmetered properties; and (3) the number of water accounts in arrears and dollar value in arrears at 30, 60, 90, 180, and 365+ days past due. The report shall also evaluate the Utility Billing Relief program's effectiveness in achieving its stated purpose, including by indicating the number of applicants for the program and the number of accounts enrolled in the program. The Commissioner or the Comptroller shall publish the report on the City website in a manner accessible for public review. When applicable, the report shall categorize the information by ZIP Code. (Added Coun. J. 6-6-01, p. 59086, § 1; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-2-09, p. 78837, Art. 5, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 9; Amend Coun. J. 7-20-22, p. 50569, § 4; Amend Coun. J. 12-16-24, p. 22879, Art. I, § 2) Editor's note – Coun. J. 6-6-01, p. 59086, § 1, provided for inclusion of this new section, to be numbered as § 11-12-485. Because that section already existed, this section has been added as § 11-12-486 at the discretion of the editor.

Municipal Code of Chicago § 11-12-490 Enforcement of lien.

11-12-490 Enforcement of lien. When any water taxes, rates or rents assessed or charged, or service charges for installation or disconnection of water service assessed or charged, pursuant to ordinance remain unpaid, in whole or in part, the statutory lien upon the premises or real estate upon or for which the water was used or supplied, or the water service was installed or disconnected, for which such taxes, rates, charges or rents have been assessed or charged, may be enforced in the following manner: Suit may be commenced as hereinafter provided or a claim for lien in the name of the city shall be filed in the office of the recorder of deeds of Cook County or in the office of registrar of title of Cook County if the property affected is registered under the Torrens system; provided, that at least ten days before the commencement of such suit or the filing of such claim for lien, the city shall have sent a notice by mail, postage prepaid, to the premises upon or for which water was used or supplied, or the water service was installed or disconnected, addressed as follows: "To owner or owners and party or parties interested in the premises at (insert address)", which notice shall state that the city will commence such suit or file such claim for lien if the water taxes, rates, rents or charges which have become due and payable are not paid within ten days from the date of such notice. The claim for lien shall be verified by affidavit of the comptroller and shall consist of a brief statement of the nature of the claim including: (1) that water was furnished or water service installed or disconnected by the city; (2) a description of the premises or real property sufficient for identification upon or for which the water has been furnished or water service was installed or disconnected; (3) the quantity of water so furnished if registered by meter, or the amount of the charges for the installation or disconnection of the water service; (4) that such water was furnished at rates and charges fixed by assessment or such charges for installation or disconnection of water service were fixed as provided by ordinance if not registered by meter; (5) the amount or amounts of money due therefor; (6) the dates when such amount or amounts became due and payable; and (7) the date of mailing the notice as hereinbefore provided. (Prior code § 185-45; Amend Coun. J. 3-28-01, p. 55444, § 4; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-2-09, p. 78837, Art. 5, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 9)

Municipal Code of Chicago § 11-12-500 Foreclosure suit.

11-12-500 Foreclosure suit. Suit shall be commenced in the name of the city to enforce its lien by foreclosure proceedings in any court of competent jurisdiction. Any person interested in premises or real estate affected may be made a party defendant to such suit and any judgment, decree, or order of sale of the premises or real estate subject to such lien shall affect only the interests therein of the parties defendant in such suit. (Prior code § 185-46; Amend Coun. J. 12-4-02, p. 99026, § 1.12)

Municipal Code of Chicago § 11-12-510 Cumulative remedies.

11-12-510 Cumulative remedies. The remedy by enforcement of the lien for unpaid water bills and charges as provided in Sections 11-12-490 and 11-12-500 of this Code shall not be exclusive of any other legal remedy to collect the amount due and unpaid for water consumed or furnished to, or water service installed or disconnected for, the person liable therefor. (Prior code § 185-46.1; Amend Coun. J. 7-20-22, p. 50569, § 4)

Municipal Code of Chicago § 11-12-520 Release of lien.

11-12-520 Release of lien. Any claim for lien or suit to enforce the same shall be released, discharged or dismissed upon payment of the water taxes, rates, rents or charges for which such claim for lien or suit has been filed, together with all recording charges, court costs and all other expenditures made or incurred by the city in perfecting and enforcing its lien. (Prior code § 185-46.2)

Municipal Code of Chicago § 11-12-530 Certification of payment.

11-12-530 Certification of payment. Unless otherwise provided by law or rule, a full payment certificate is required in all transfers of real property whether such transfers are subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code. In order to obtain a full payment certificate, an application with an application fee of $50.00 shall be made to the comptroller. Provided, however, if the property is exempt from the real property transfer tax, the full payment certificate application fee shall not be charged. If a full payment certificate was required and such certificate was not obtained when the real property was transferred, both the transferor and the transferee will be jointly and severally liable for any outstanding water or sewer charges and penalties that have accrued to the water account. (Prior code § 185-46.3; Added Coun. J. 6-20-84, p. 7497; Amend Coun. J. 12-18-84, p. 12088; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 11-13-07, p. 15812, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. XII, § 3; Amend Coun. J. 11-16-16, p. 37901, Art. IV, § 4)

Municipal Code of Chicago § 11-12-531 Certificate of payment - Condominiums and townhomes.

11-12-531 Certificate of payment - Condominiums and townhomes. 1. Before control of a property subject to the Illinois Condominium Property Act is transferred from the developer to the board of managers, a certificate of payment shall be obtained from the department upon application and payment of an application fee of fifty (50) dollars. Such certificate of payment shall be obtained within 30 days prior to the election of the first unit owner board of managers. The terms used in this section shall have the same meanings as those in the Illinois Condominium Property Act. 2. Subsequent transfers of a unit within a condominium building: require a certificate of payment based on the last regularly scheduled reading of that building's water meter and shall be issued subject to the same regulations contained in Section 11-12-530. 3. Where a townhome or condominium development has a single meter and the respective association's assessments include the individual owner's share of the water bill, the commissioner may issue a certificate of condo or townhome owner payment upon application and payment of an application fee of fifty (50) dollars. (Added Coun. J. 12-8-04, p. 38063, § 1; Amend Coun. J. 11-13-07, p. 15812, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. IV, § 4)

Municipal Code of Chicago § 11-12-532 Transfer of utility debt.

11-12-532 Transfer of utility debt. (a) Definitions. For the purpose of this section, the following definitions shall apply: (1) "Comptroller", "LIHEAP" and "Participant" have the same meaning ascribed to these terms in Section 11-12-545(c). (2) "Qualifying transferee" means a natural person, who: (A) meets the eligibility criteria to participate in the LIHEAP with the exception of any United States citizenship requirement; provided, however, that said person does not need to participate in the LIHEAP; (B) agrees in writing, on a form prescribed by the Comptroller, to assume responsibility for all outstanding utility debt on the subject property; and (C) has signed an agreement to enroll in the Utility Billing Relief Program described in Section 11-12-545 for all utility debt. (3) "Subject property" means the real property owned and occupied by the Participant that is being transferred to, or inherited by, a qualifying transferee for which a full payment certificate is sought pursuant to this Section. (4) "Utility debt" means all water, sewer, and refuse charges, as well as all penalties, taxes, and fees that accrued to the utility account of the subject property. (b) If a Participant transfers the subject property to a qualifying transferee, or a qualifying transferee receives the entirety of the subject property through a court-ordered settlement or other court order in a domestic relations action, or a qualifying transferee inherits the entirety of the subject property by intestate succession or as a testamentary devisee, whether such transfer is subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code, a full payment certificate shall be issued without immediate payment of the outstanding utility debt. (c) If real property is transferred or inherited pursuant to Section 11-12-532(b), the application fee specified in Section 11-12-530 shall be waived. (Added Coun. J. 11-7-22, p. 55595, Art. VII, § 1)

Municipal Code of Chicago § 11-12-540 Exemptions from charges.

11-12-540 Exemptions from charges. (a) The Comptroller shall exempt the following properties and entities from the payment of water service charges, as specified in this section, if: (i) the property receiving the water is located within the corporate limits of the City; (ii) the property receiving the water is used exclusively by the entity; and (iii) the water account for the property receiving the water is controlled by meter. If the account for such property is not controlled by meter, no exemption shall apply. (1) Any property of the State of Illinois that is used as an armory by the state or federalized national guard shall be exempt from payment of 100% of the water service charge. (2) The City of Chicago shall be exempt from payment of 100% of the water service charge, unless the City, either as lessee or lessor, shall enter into an agreement for the payment of the water service charge by the other party. (3) The Chicago Public Schools shall be exempt from payment of 100% of the water service charge, unless said entity, either as lessee or lessor, shall enter into an agreement for the payment of the water service charge by the other party. (4) The City Colleges of Chicago shall be exempt from payment of 100% of the water service charge, unless said entity, either as lessee or lessor, shall enter into an agreement for the payment of the water service charge by the other party. (5) Hospitals operated by the Cook County government shall be exempt from payment of 100% of the water service charge. (6) Not-for-profit disproportionate share hospitals, except as otherwise provided in paragraph (5) of this subsection (a), shall be exempt from payment of 60% of the water service charge in 2012, 40% of the water service charge in 2013, and at least 25% of the water service charge in 2014 and thereafter, if such not-for-profit hospital qualifies for a disproportionate share adjustment consistent with Section 148.120 of Subchapter d of Chapter I of Title 89 of the Illinois Administrative Code, as amended, codified at 89 Ill. Adm. Code § 148.120. Provided, however, that in 2014 and thereafter, if such disproportionate share hospital has net assets or fund balances of: (i) Less than One Million Dollars ($1,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such disproportionate share hospital shall be exempt from payment of 100% of the water service charge; (ii) One Million Dollars ($1,000,000.00) or more but less than Ten Million Dollars ($10,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such disproportionate share hospital shall be exempt from payment of 60% of the water service charge. (7) Public museums shall be exempt from payment of 20% of the water service charge if such public museum is eligible to receive funds for capital development under subdivision (7) of § 1-25 of the Department of Natural Resources Act, as amended, codified at 20 ILCS 801/1-1 et seq. (8) Not-for-profit organizations as defined in subparagraph (8)(v) of this subsection (a), other than any entity identified in paragraphs (1) through (7) of this subsection (a), that adopt a water conservation plan and perform within the corporate limits of the City charitable work benefiting the public shall be exempt in 2013 and thereafter from payment of the water service charge, as follows: (i) If the not-for-profit organization has net assets or fund balances of less than One Million Dollars ($1,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for-profit organization shall be exempt from payment of 100% of the water service charge; (ii) If the not-for-profit organization has net assets or fund balances of One Million Dollars ($1,000,000.00) or more but less than Ten Million Dollars ($10,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for-profit organization shall be exempt from payment of 60% of the water service charge; (iii) If the not-for-profit organization has net assets or fund balances of Ten Million Dollars ($10,000,000.00) or more but less than Two Hundred Fifty Million Dollars ($250,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for- profit organization shall be exempt from payment of 25% of such water service charge; (iv) If the not-for-profit organization has net assets or fund balances of Two Hundred Fifty Million Dollars ($250,000,000.00) or more at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for- profit organization shall be not be* entitled to any exemption from payment of the water service charge and shall be required to pay 100% of the water service charge. * Editor's – As set forth in Coun. J. 5-8-13, p. 52764, § 1. Intended text is "shall not be." Future legislation will correct the provision if needed. (v) As used in this paragraph (8), the term “not-for-profit organization” means an Illinois corporation organized and existing under the General Not For Profit Corporation Act of 1986, codified at 805 ILCS 105, in good standing with the State and having been granted status as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986. (b) Responsibilities for installation costs and authority to enter payment agreements. (1) The supply to all premises enumerated in this section on which water may be taken from the waterworks system of the City shall be controlled by meter, and the cost of meter, its installation, connections, and vaults thereof, and the erection, construction, and maintenance thereof shall be paid for and be borne by the institution or owner thereof. Nothing contained in this paragraph shall be held to exempt property of the United States, of the State of Illinois, or of any of its political subdivisions except as hereinbefore mentioned. (2) If, at the determination of the City, a vault is required to be built on the public right of way prior to the installation of a water meter at a location owned by a not-for-profit organization as defined in subparagraph (8)(v) of subsection (a) of this section, and such not-for-profit organization demonstrates to the satisfaction of the Comptroller that the organization will suffer undue financial hardship if the organization is required to pay the costs associated with installing the vault and water meter, including any additional costs that may be incurred by the City in connection with the excavation of the associated structure, the Comptroller may enter into a written installment plan agreement with such not-for-profit organization allowing the organization to pay such costs over an extended period of time in substantially equal installments. Failure to comply with the terms of the installment plan agreement may result, if applicable, in loss of the not-for-profit organization’s water service charge payment exemption under paragraph (8) of subsection (a) of this section. Each installment plan shall be in a form prescribed by the Comptroller, and shall state the organization’s total indebtedness to the City for such costs, the amount of the initial installment, the amount of each subsequent installment, the date by which each installment is due, the penalty for delinquency under the installment plan, and such other provisions as the Comptroller may require. Provided, however, that the Comptroller may deny any application where it is determined that the applicant has committed fraud or has failed to make a good faith effort to comply with this section. Any recommendation, action, or decision of the Comptroller regarding the existence of financial hardship or the financial hardship process shall be within the sole discretion of the Comptroller. Nothing in this subsection (b)(2) shall be construed to prohibit a not-for-profit organization from voluntarily making an initial minimum payment or monthly installment payment in an amount greater than provided in the installment plan agreement. (c) The Comptroller may fix such reasonable amounts of water as the Comptroller, following consultation with the Commissioner, may deem to be sufficient for the requirements of said premises, and the exemption from payment of water service charges shall be limited to said reasonable amounts so fixed. All use of water in excess of said reasonable amounts shall be paid for at the rates for metered water fixed in Section 11-12-310. (d) Accounts against the property of any entity exempted under the provisions of subsection (a) of this section shall be kept in the usual manner. Upon receipt of the initial application for such exemption, such account, which shall be metered, shall be inspected by authorized personnel from the Department, who shall certify to the Comptroller whether the entity so inspected is eligible for the exemption under this section being claimed by such entity. (Prior code § 185-47; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-14-05, p. 66648, § 1; Amend Coun, J, 11-16-11, p. 13798, Art. VIII, § 3; Amend Coun. J. 11-8-12, p. 38872, § 206; Amend Coun. J. 5-8-13, p. 52764, § 1; Amend Coun. J. 12-16-24, p. 22879, Art. I, § 4)

Municipal Code of Chicago § 11-12-545 Utility billing relief program.

11-12-545 Utility billing relief program. (a) Title. This section shall be known and cited as the Utility Billing Relief Program. (b) Purpose. The Utility Billing Relief Program is intended to address City water and sewer bills for the most vulnerable, low-income homeowners, especially those with past due debt. (c) Definitions. For purposes of this section, the following definitions shall apply: "Anniversary Date" means the date one year from a Participant’s enrollment in the UBR. "Comptroller" means the Comptroller of the City of Chicago, or the Comptroller’s designee. “Homeowner” means the Owner and occupant of a single family, two-unit, or three-unit residence located in the City of Chicago. "LIHEAP" means the Low Income Home Energy Assistance Program, codified at 42 U.S.C. § 8621-8630. "Participant" means a participant in the UBR. "Reduced Rate" means a 50% reduction in the ordinary charges for water service imposed in Chapter 11-12, sewer service imposed in Chapter 3-12, and a corresponding reduction in the Chicago Water and Sewer Tax imposed in Chapter 3-80. Reduced Rate does not include the charge for refuse collection imposed in Article II of Chapter 7-28. "UBR" means the Utility Billing Relief Program created by this section. (d) Program. (1) Eligibility. A Homeowner who is eligible to participate in the UBR and applies to the Comptroller may become a Participant. In order to become a Participant, a Homeowner must own and occupy the single-family, two-unit, or three-unit residence in the City of Chicago for which participation in the UBR is sought, and must meet the eligibility criteria to participate in the LIHEAP with the exception of any United States citizenship requirement; provided, however, that a Homeowner does not need to participate in the LIHEAP in order to be eligible for the UBR. A Homeowner who receives an exemption under Section 3-12-050 shall not be eligible to simultaneously participate in the UBR. A Participant who does not successfully complete the UBR two times shall no longer be eligible to participate in the UBR. (2) Billing and payment. Upon acceptance and enrollment in the UBR, the City shall bill, and the Participant shall pay, the Reduced Rate for a period of one year in order to successfully complete the UBR. A Participant shall not be required to make any payment toward a past due balance while enrolled in the UBR. During participation in the UBR, a Participant is exempt from the assessment of additional penalties and interest on any past due charges incurred before becoming a Participant, or charges incurred while a Participant; and referral for debt collection. (3) Successful completion. A Participant who has made payment for all Reduced Rate bills issued by the City during the UBR by the Anniversary Date shall have any past due balance incurred before enrollment in the UBR forgiven. A successful Participant who continues to meet enrollment eligibility requirements may re-enroll in the UBR. (4) Unsuccessful completion. A Participant who has not made payment for all Reduced Rate bills issued by the City during the UBR by the Anniversary Date shall have any past due balance, including penalties and interest, incurred before enrollment in the UBR reinstated to the Participant’s account, in addition to any past due balance incurred during the UBR, and the Participant shall be required to make full payment of such past due balance. Such past due balance shall not have incurred any additional penalties or interest during participation in the UBR. The Participant may be eligible to participate in a payment plan to resolve the outstanding debt. If all criteria are met, an unsuccessful Participant may be eligible to re-enroll in the UBR, provided that the Participant has not been unsuccessful in completing the UBR on two occasions. (e) Rules. The Comptroller is authorized to adopt such rules as the Comptroller may deem necessary for the proper implementation, administration, and enforcement of this section. (f) In furtherance of administering this section, the Comptroller shall have the authority to enter into an agreement with the Community and Economic Development Association of Cook County ("CEDA"), or any successor agency that administers the LIHEAP in Cook County, to administer outreach and enrollment activity for the UBR. Such agreement may contain terms and conditions that the Comptroller deems appropriate, and the Comptroller shall have the authority to perform any and all acts as shall be necessary or advisable in connection with such agreement and any renewals thereto, including the expenditure of duly appropriated funds. (Added Coun. J. 11-26-19, p. 11514, Art. V, § 3; Amend Coun. J. 10-27-21, p. 40504, Art. III, § 1; Amend Coun. J. 7-20-22, p. 50569, § 4; Amend Coun. J. 11-15-23, p. 6700, Art. VI, § 1) Editor’s note – Pursuant to Coun. J. 11-26-19, p. 11514, Art. XV, this section shall take effect on April 1, 2020. Coun. J. 11-26-19, p. 11514, Art. V, § 3, added this section as § 11-12-550. Because that section already existed, this section has been added as § 11-12-545 at the discretion of the editor.

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2656864Fetched: 10/24/2026