Waterman City Zoning Code

TITLE 1

ADMINISTRATION

1-1-1: TITLE:

Upon the adoption by the village board of trustees, this village code is hereby declared to be and shall hereafter constitute the official village code of Waterman. This village code of ordinances shall be known and cited as the WATERMAN VILLAGE CODE and is hereby published by authority of the board of trustees and shall be supplemented to incorporate the most recent legislation of the village as provided in section 1-1-3 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this village code by title in any legal documents. (2005 Code)

1-1-2: ACCEPTANCE:

The village code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this state as the ordinances of the village of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this title. (2005 Code)

1-1-3: AMENDMENTS:

Any ordinance amending the village code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this village code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, if any, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this village code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the village code. (2005 Code)

1-1-4: CODE ALTERATIONS:

It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this village code in such a manner that the meaning of any phrase or order may be changed or omitted. Said code, while in actual possession of officials and other interested persons, shall be and remain the property of the village and shall be returned to the office of the village clerk when directed so to do by order of the village board of trustees. (2005 Code)

1-2-1: REPEAL OF GENERAL ORDINANCES AND RESOLUTIONS:

A. Ordinances And Resolutions Repealed And Saved From Repeal: All general ordinances and resolutions of the village passed prior to the adoption of this village code are hereby repealed, except such as are included in this village code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances and resolutions which are not hereby repealed:

1. Any ordinance or resolution promising or guaranteeing the payment of money for the village or authorizing the issuance of any bonds of the village or any evidence of the village's indebtedness;

2. Tax levy ordinances or any ordinance levying special assessments;

3. Appropriation ordinances or resolutions providing for the levy of taxes or for an annual budget;

4. Any ordinance annexing territory to the village or excluding territory as part of the village;

5. Any ordinance or resolution granting any franchise, permit or other right to persons or corporations;

6. Any ordinance or resolution approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;

7. Ordinances relating to salaries of village officers or employees;

8. Ordinances establishing, naming, renaming, opening, accepting or vacating streets, alleys or other public places;

9. Improvement ordinances;

10. Ordinances relating to elections;

11. Ordinances relating to the transfer or acceptance of real estate by or from the village;

12. Any ordinance whose purpose has been accomplished;

13. Any ordinance which is special although permanent in effect;

14. Any ordinance which is temporary although general in effect, and all such ordinances and resolutions are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein; and

15. Any other special ordinances not in conflict with the provisions of this code. (1999 Code § 1.03; amd. 2005 Code)

B. Limitations On Repeal: The repeal of the ordinances, as provided in subsection A of this section, shall not affect any debt or fee which is accrued, any duty imposed, any penalty incurred, nor any action or proceeding commenced under or by virtue of the ordinances repealed or the term of office of any person holding office at the time these ordinances take effect; nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded. (2005 Code)

1-2-2: PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES:

No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this village code or by virtue of section 1-2-1 of this chapter, excepting as the village code may contain provisions for such matters, in which case, this village code shall be considered as amending such ordinance or ordinances with respect to such provisions only. (2005 Code)

1-2-3: COURT PROCEEDINGS:

A. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect. (2005 Code)

B. Continuation Of Uses: The adoption of this code shall not be interpreted as authorizing or allowing any use or the continuance of any use of a structure or premises in violation of any ordinance of the village in effect on the date of adoption of this code. (1999 Code § 1.04)

C. Extend To All Repeals: This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

D. Current Pending Actions: Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the village herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the village under any ordinance or provision thereof in force at the time of the adoption of this village code. (2005 Code)

1-2-4: SEVERABILITY CLAUSE:

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this village code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The village board of trustees hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (2005 Code)

1-3-1: APPLICATION OF PROVISIONS:

In the construction of this code and of all ordinances, the rules and definitions set out in this chapter shall be observed unless such construction would be inconsistent with the manifest intent of the village board of trustees. The rules of construction and definitions set out herein shall not be applied to any section of this code which shall contain any express provision excluding such construction or where the subject matter of the context of such section may be repugnant thereto. (1999 Code § 1.02)

1-3-2: CONSTRUCTION OF WORDS:

A. Liberal Construction: All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the village board of trustees may be fully carried out.

B. Minimum Requirements: In the interpretation and application of any provision of this code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

C. Greater Restrictions: Where any provision of this code imposes greater restrictions upon the subject matter than the general provision imposed by the code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

D. Computation Of Time: The time within which any act provided by this code is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a legal holiday, in which case, it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday, then such succeeding day shall also be excluded.

E. Delegation Of Authority: Whenever a provision appears requiring the head of a department or some other village officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

F. Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

G. Joint Authority: All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

H. May/Shall/Must: The word "may" is permissive; the word "shall" is mandatory; the word "must" is mandatory.

I. Nontechnical And Technical Words: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

J. Number: A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

K. Officers And Employees Generally: Whenever any officer or employee is referred to by title only, such reference shall be construed as if followed by the words "of the village of Waterman".

L. Tense: Words used in the past or present tense include the future as well as the past and present.

M. Ordinance: The word "ordinance" contained in the ordinances of the village has been changed in the content of this village code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the village's ordinances is not meant to amend passage and effective dates of such original ordinances.

N. Footnotes: Footnotes show similar subject matter, statute references or directs the reader to a specific section that is implied in the text. (1999 Code § 1.02; amd. 2005 Code)

1-3-3: DEFINITIONS:

Whenever the following words or terms are used in this code, they shall have the meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.

BOARD, BOARD OF TRUSTEES, VILLAGE BOARD: Unless otherwise indicated, the village board of trustees of the village of Waterman.

CIRCUIT COURT: The circuit court of the sixteenth judicial circuit, DeKalb County, Illinois.

CODE: The village code of the village of Waterman.

CORPORATE LIMITS, VILLAGE LIMITS: The legal boundaries of the village of Waterman.

COUNTY: The county of Dekalb, state of Illinois.

FISCAL AND MUNICIPAL YEAR: The fiscal and municipal year of the village shall commence on May 1 of each year and end on April 30 of the next year.

LICENSE: The permission granted for the carrying on of a business, profession or occupation.

MONTH: Calendar month.

NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the village, or any activity which, by its perpetuation, can reasonably be said to have a detrimental effect on the property of a person or persons within the community.

OATH: To include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

OCCUPANT: As applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.

OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

OPERATOR: The person who is in charge of any operation, business or profession.

OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

PERSON: Any natural individual, firm, partnership, trust, estate, club, association or corporation. As applied to partnerships or associations, the word includes the partners or members thereof; as applied to corporations, it includes the officers, agents or employees thereof who are responsible for the act referred to.

PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.

RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.

STATE: The state of Illinois.

STREET: Shall include streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the village and shall include all areas thereof embraced between the property lines and dedicated to the public use.

TENANT: As applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.

VILLAGE: The village of Waterman, county of DeKalb, state of Illinois.

WHOLESALER AND WHOLESALE DEALER: Unless otherwise specifically defined, shall be understood and held to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale, as distinguished from a retail dealer who sells in smaller quantities directly to the consumer.

WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law on any official or public writing or bond, it shall be in the proper handwriting of such person or, in case such person is unable to write, by such person's proper mark.

YEAR: A calendar year. (1999 Code §§ 1.02, 2.09; amd. 2005 Code)

1-3-4: CATCHLINES:

The catchlines of the several sections of the village code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (1999 Code § 1.06; amd. 2005 Code)

1-4-1: GENERAL PENALTY1:

A. General Penalty Imposed: Whenever in this code, or in any ordinance of the village, any act or omission is prohibited or is made or declared to be unlawful or an offense or a violation of this code, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a violation of this code, where no specific penalty is provided therefor, the violation of any such provision of this code or any ordinance is hereby declared to be an offense and shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than seven hundred fifty dollars ($750.00). A separate offense shall be deemed committed on each day or part thereof on which a violation occurs or continues or is permitted to occur or continue.

In addition to any and all penalties for violation of the village ordinances provided in this code, anyone found to have violated any provisions of this code shall be responsible for any and all costs the village incurs in enforcing the terms of this code including, but not limited to, costs and expenses incurred by the village for law enforcement including any overtime or costs to call in off duty officers and any damage to property belonging to law enforcement officers or the village. In addition, any and all costs and expenses, including attorney fees, incurred by the village in enforcing this obligation shall be paid to the village by such a person found to be violating any provision of this code. (Ord. 2012-11, 4-10-2012)

In addition to any bail required in accordance with the laws of the state of Illinois, or any other state, or the United States Of America, any person arrested for violating a bailable municipal ordinance or state or federal law, shall pay a fee of twenty dollars ($20.00) for bail processing. (Ord. 2014-06, 12-9-2014)

B. Acts Consistent With Criminal Laws Of State: If, by the terms of this code or an ordinance, an act that would be consistent with the criminal laws of the state, is declared to be a misdemeanor, the penalty therefor shall be for a period of incarceration in a penal institution other than the penitentiary not to exceed six (6) months. The matter shall be prosecuted under the rules of criminal procedure of the state, and the village shall be required to establish guilt beyond a reasonable doubt.

C. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense.

D. Aiding In An Offense: Every person concerned in the commission of an act prohibited by this code, whether he directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, upon conviction, is punishable as if he had directly committed such act.

E. Failure To Pay Fines: Any person who fails to pay the requisite penalty within fourteen (14) calendar days shall be assessed a double penalty thereafter with the violator to be prosecuted within forty-five (45) calendar days after the original violation if the penalty remains unpaid. A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The Village Attorney may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. Any fees or costs incurred by the Village with respect to attorneys or private collection agents retained by the Village Attorney under this section shall be charged to the offender. A double penalty shall not be assessed if a timely appeal is filed. (1999 Code § 1.12; amd. 2005 Code; Ord. 2021-10, 9-14-2021)

1-4-2: APPLICATION OF PROVISIONS:

A. Application Of Penalty: The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. (2005 Code)

B. Acts Punishable Under Different Sections: In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (1999 Code § 1.10; amd. 2005 Code)

C. Breach Of Provisions: Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (1999 Code § 1.10)

1-4-3: LIABILITY OF OFFICERS:

No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the village board of trustees to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (2005 Code)

1-4-4: ENFORCEMENT OF PROVISIONS:

A. All actions brought to enforce any fine, imprisonment, penalty or forfeiture under this code or any ordinance of the village shall be brought in the corporate name of the village, as plaintiff. No prosecution, recovery, conviction or acquittal for the violation of this code or any ordinance shall constitute a defense to any other prosecution of the same party for any other violation of the same or any other ordinance, although the different causes of action existed at the same time and, if united, would not have exceeded the jurisdiction of the court.

B. The Village Attorney, or any attorney acting on behalf of or at the direction of the Village, shall request and the court, in its discretion, shall grant an award of attorney fees and costs in any action in which the Village is a party and is authorized by Illinois law to request such an award of fees and costs. At the direction of the Village, the Village Attorney or other attorney representing the Village, may forego reimbursement of such fees when such recovery is not cost efficient, where a request for fees and costs may jeopardize the successful outcome of the litigation, or where such a waiver will contribute to a desired outcome. (1999 Code § 1.13; amd. 2005 Code; Ord. 2021-10, 9-14-2021)

1-4-5: COLLECTED FINES TO CLERK:

C. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense.

All fines, forfeitures and penalties, when collected, shall be paid to the village clerk within ten (10) days after the receipt thereof by the officer collecting the same. (1999 Code § 1.14)

1-4-6: CIVIL LIABILITY:

The recovery and payment of any fine, penalty or forfeiture for the violation of this code or any ordinance of this village, shall not discharge the person who shall be guilty of such violation from liability to the village, or any injured party in a private suit, for such damages as the village or injured party may have sustained on account of such violation, and no such recovery or payment shall be construed to be a bar to any suit for the recovery of such damages, either by the village or by the person injured. (1999 Code § 1.19)

1-5-1: NOTICES:

Whenever in this Code a notice is required or authorized to be given by any officer or official of the Village, such notice shall be construed to be a personal notice and may be either verbal, written or printed, at the election of the officer or official giving the same, unless otherwise provided. (1999 Code § 1.15)

1-5-2: ORDINANCES:

A. Recording Ordinances; Proof Of Publication: All ordinances passed by the Village shall be filed in the Office of the Village Clerk, and due proof of publication of any ordinance requiring publication shall be procured by the Clerk and shall be attached to and filed with the ordinance. (1999 Code § 1.16)

B. Effective Date: Any ordinance required by law to be published shall take effect ten (10) days after due publication thereof, as required by law, and any ordinance not requiring publication shall take effect from and after passage and approval unless otherwise provided therein. (1999 Code § 1.17)

C. Publication In Book Or Pamphlet Form: Whenever the Board of Trustees shall cause to be printed in book or pamphlet form, any ordinances of the Village purporting to have been published by authority of the Board of Trustees, such book or pamphlet shall be the only publication necessary to be made of such ordinance. Such pamphlet or book shall have attached thereto the certificate of the Village Clerk, under the Corporate Seal, certifying the pamphlet or book was published by authority of the Board of Trustees; that the ordinances contained in such pamphlet or book are true and correct copies of the original ordinances passed by the Board of Trustees; showing the dates of the passage and approval of such ordinances and stating that the Village Clerk is the keeper of the original ordinances and that the same are on file in his office and recorded in the book of ordinances. Such pamphlet or book, when so published and certified, shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and places without further proof. (1999 Code § 1.18; amd. 2005 Code)

1-5-3: VILLAGE SEAL:

The seal of the Village is the seal heretofore provided and used by the Village with the inscription "Village of Waterman" around the outer edge thereof, and "Incorporated March 17, A.D. 1877", across the center thereof, and the inscription "DeKalb County, Illinois" around the lower outer edge thereof. (1999 Code § 2.01; amd. 2005 Code)

1-5-4: DATUM PLANE:

There is established and fixed a base or datum plane for determining, measuring and describing elevations and grades in the Village. The base or datum plane is an imaginary horizontal line. (1999 Code § 2.01)

1-5-5: TRAVEL EXPENSES:

A. Definitions:

ENTERTAINMENT: Includes, but is not limited to, shows, amusements, theaters, circuses, sporting events, or any other place of public or private entertainment or amusement, unless ancillary to the purpose of the program or event.

PUBLIC BUSINESS: Expenses incurred in the performance of a public purpose which is required or useful for the benefit of the Village to carry out the responsibilities of Village business.

TRAVEL: Any expenditure directly incident to official travel by employees and officers of the Village or by wards or charges of the Village involving reimbursement to travelers or direct payment to private agencies providing transportation or related services.

B. Maximum Allowable Rate: The Village may reimburse travel, meal, and lodging expenses incurred by its employees and officers. The maximum allowable rate for reimbursement of travel expenses for employees shall be as prescribed in the adapted General Services Administration (GSA) rates (www.gsa.gov) as incorporated herein, as from time to time amended. The Village reserves the unfettered right to approve, on a case-by-case basis, expenses that exceed the maximum allowable travel, meal, or lodging expenses because of extraordinary circumstances pursuant to 50 Illinois Compiled Statutes 150/10 with said approval recorded by roll call vote at an open meeting of the Village Board at a duly convened public meeting in accordance with 50 Illinois Compiled Statutes 150/15.

C. Reimbursement Form Required: No reimbursement of travel, meal, or lodging expenses incurred by a Village employee or officer shall be authorized unless the "Travel, Meal, and Lodging Expense Reimbursement Request Form", on file in the City, has been submitted and approved. All documents and information submitted with the form shall be subject to disclosure under the Freedom of Information Act .

D. Expenses That Exceed Maximum: Expenses for travel, meals, and lodging of: 1) any officer or employee that exceeds the maximum reimbursement allowed under the regulations adopted under subsection B of this section, or 2) any member of the Corporate Authorities of the Village may only be approved by roll call vote at an open meeting of the Corporate Authorities of the Village. However, in the event of an emergency or other extraordinary circumstances, the Corporate Authorities may approve more than the maximum allowable expenses set forth above.

E. Entertainment: The Village shall not reimburse any elected official, employee, or officer for any activities which would be considered entertainment. Activities which would otherwise be considered entertainment, but which are excluded from the prohibition on reimbursement due to being ancillary to the purpose of the program or event, may be reimbursed in accordance with the provisions of this section. (Ord. 2017-01, 1-10-2017, eff. 3-2-2017)

1-6-1: CHIEF EXECUTIVE OFFICER; QUALIFICATIONS; TERM OF OFFICE:

The Village President shall be the chief executive officer of the village. He shall be a citizen of the United States, a qualified elector and shall have resided in the village at least one year next preceding the election. He shall hold office for four (4) years and until his successor is elected and qualified. (1999 Code § 2.04; amd. 2005 Code; Ord. 2023-02, 1-10-2023)

1-6-2: BOND:

Before entering upon the duties of the office, the Village President shall execute a bond to the village in the penal sum of three thousand dollars ($3,000.00) with such sureties as the board of trustees shall approve, conditioned for the faithful performance of the duties of his office. (1999 Code § 2.04; amd. Ord. 2023-02, 1-10-2023)

1-6-3: POWERS AND DUTIES:

A. Generally: The Village President shall devote so much of his time to the duties of his office as a faithful and efficient discharge thereof may require. He shall take care that all ordinances of the village are duly enforced, respected and observed. He shall preside at all meetings of the board of trustees but shall not vote except in the case of a tie or for such other purpose as may be properly prescribed by law. He shall preserve order and decorum and generally do and perform all duties required by state law and the ordinances of the village.

B. Signature Required; Assist In Prosecutions: The Village President shall sign all commissions, licenses, permits and warrants granted, issued or drawn by order of the board of trustees, or authorized by ordinance. He shall sign all contracts to which the village is a party on behalf of the village. He shall see that the other contracting parties faithfully comply with the contract. In all suits where the village is a party, it shall be the duty of the mayor to advise and assist the village attorney in prosecuting or defending cases.

C. Appointment Of Officers: The Village President shall appoint, by and with the advice and consent of the board of trustees, all officers of the village whose appointment is not otherwise provided for by law. Whenever a vacancy shall occur in any office which by law or ordinance he is required to fill, he shall, at the earliest practicable time, communicate to the board of trustees the name of his appointee to such office. Pending the concurrence of the board of trustees in such appointment, he may designate some suitable person to discharge the function of such office.

D. Supervision Of Officers: The Village President shall supervise the conduct of all officers of the village and see that they faithfully and efficiently discharge their duties of office. He shall inquire into all complaints made against them and cause any neglect or violation of duty to be promptly corrected. He shall, when satisfied that any officer has willfully neglected or violated his duty, cause such officer to be prosecuted and punished. He shall give the board of trustees such information concerning the affairs of the village that he may deem proper. He shall recommend to the board of trustees any measure that he considers necessary.

E. Removal Of Officers: The Village President shall have the power to remove any officer appointed by him whenever he shall be of the opinion that the interests of the village demand such removal. He shall report the reasons for such removal to the board of trustees at a meeting to be held not less than five (5) nor more than ten (10) days after the removal. If he shall fail or refuse to report to the village board a statement of the reasons for such removal, or if the board of trustees by a two-thirds (2/3) vote of all its members, by yeas and nays entered upon the records, disapproves of such removal, such officer shall thereupon become restored to the office from which he was removed. Such officer shall then give a new bond and take a new oath of office. No officer shall be removed a second time for the same offense. (1999 Code § 2.04; amd. 2005 Code; Ord. 2023-02, 1-10-2023)

1-6-4: VILLAGE PRESIDENT PRO TEM:

During a temporary absence or disability of the Village President, the board of trustees shall elect one of its members to act as mayor pro tem, who, during such absence or disability, shall possess the powers of the mayor but shall not be entitled to vote both as mayor and as trustee. (1999 Code § 2.04; amd. 2005 Code; Ord. 2023-02, 1-10-2023)

1-6-5: COMPENSATION:

Beginning with the term of office which commences after the consolidated election to be held in April 2013, the Village President shall be paid a salary of two hundred thirty-five dollars ($235.00) per month. The Village President shall be entitled to miss up to two (2) regular meetings of the board of trustees per fiscal year; thereafter, the Village President shall not receive compensation under this section in any month in which the Village President misses a third or following regular meeting of the board of trustees for that fiscal year. Additionally, the Village President shall receive reimbursement for any expenses incurred by the Village President in the performance or furtherance of the official duties of the office. (Ord. 2012-23, 10-9-2012; amd. Ord. 2023-02, 1-10-2023)

1-7-1: COMPOSITION; VACANCIES:

The board of trustees shall consist of the Village President and six (6) trustees elected from the village at large. The board of trustees shall be the sole judge of election and qualifications of its own members. In case any vacancy shall occur in the office of trustee by death, resignation, removal or other cause, such vacancy shall be filled in accordance with the laws of the state. (1999 Code § 2.02; amd. Ord. 2023-01, 1-10-2023; Ord. 2024-09, 12-10-2024)

1-7-2: MEETINGS:

A. Regular Meetings: The regular meeting of the board of trustees shall be held on the second Tuesday of each and every month, at six thirty o'clock (6:30) p.m. in the village hall. The village president, village trustees, village staff and any other person(s) contributing to the agenda of the regular meeting shall provide the village clerk with all regular reports and information by the first Tuesday of each and every month, by the conclusion of the business day for village hall. Agenda information, meeting packets, and other relevant materials for the village president and village trustees will be made available no later than the first Friday of each and every month, by the conclusion of the business day for village hall.

1. Any agenda item that necessitates board approval of a contract, bid or use of village funds may be submitted to the village clerk no later than the first Friday of each and every month by ten o'clock (10:00) a.m.

B. Special Meetings: Special meetings of the board of trustees may be called by the Village President or any three (3) trustees, whenever deemed necessary. To call such a meeting, the mayor, or three (3) trustees, as the case may be, shall file in the village clerk's office a statement in writing setting forth the object and purpose of such special meeting and directing the village clerk to give notice of the same. Upon the filing of such statement, the village clerk shall cause a notice of such meeting to be served personally on each member of the board of trustees. In lieu of personal service, the notice may be left at the member's usual place of business. The notice shall set forth the object and purpose of the meeting and the time of holding the same. No business other than that mentioned in the call shall be transacted at a special meeting.

C. Open Meetings: All meetings of the village board of trustees shall be open to the public unless otherwise excepted by law. (1999 Code § 2.02; amd. 2005 Code; Ord. 2019-11, 12-10-2019; Ord. 2021-12, 10-12-2021; Ord. 2023-01, 1-20- 2023; Ord. 2024-09, 12-10-2024)

1-7-3: QUORUM:

A majority of the trustees shall constitute a quorum to do business, but a smaller number may adjourn from time to time. (1999 Code § 2.02; amd. Ord. 2023-01, 1-20-2023; Ord. 2024-09, 12-10-2024)

1-7-4: ORDER OF BUSINESS:

At every meeting of the board of trustees, the order of business shall be as follows:

A. Pledge of Allegiance.

B. Roll Call.

C. Approve Agenda.

D. Approve Minutes of previous regular meeting.

E. Accept Council Approval Reports.

F. Accept Petty Cash Report.

G. Accept Treasurer's Funds Report.

H. President's Report.

I. Request for Consideration.

J. Correspondence.

K. Staff Reports.

L. Public Comment.

M. Committee Reports.

1. Water and Sewer.

2. Streets and Alleys.

3. Public Safety.

4. Buildings, Grounds and Equipment.

5. Finance and Personnel.

6. Economic Development.

7. Zoning.

8. Planning Commission.

9. Regional Planning Commission.

N. Old Business.

O. New Business.

P. Closed Session.

Q. Adjournment. (1999 Code § 2.02; amd. Ord. 2021-12, 10-12-2021; Ord. 2023-01, 1-10-2023; Ord. 2024-09, 12-10-2024)

1-7-5: ADOPTION OF ORDINANCES:

The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the village, or for the expenditure or appropriation of its money, and in all other cases, at the request of any member, which shall be entered on the journal of the proceedings. Unless otherwise provided by law, a concurrence of a majority of all the members elected to the board of trustees, including the mayor, shall be necessary for the passage of any such ordinance or proposition. (1999 Code § 2.02; amd. 2005 Code; Ord. 2023-01, 1-10-2023; Ord. 2024-09, 12-10-2024)

1-7-6: STANDING COMMITTEES:

A. Designated: The village shall have, as standing committees, the following committees:

Buildings and grounds

Economic development

Finance and personnel

Public safety

Streets and alleys

Water and sewer

Zoning

B. Composition: Except as otherwise provided, each standing committee shall consist of three (3) trustees.

C. Duties: It shall be the duty of the standing committees of the board of trustees to keep a close watch over the affairs of the departments of the village over which they have jurisdiction. They shall have the general management, control, and supervision over all works and things ordered to be made or done by the board of trustees in their respective departments, and they shall make reports to the board of trustees of facts deemed necessary. Each committee shall promptly and thoroughly investigate and report in writing upon all matters referred to it by the board of trustees and do and perform such other and further duties as the board of trustees may require by ordinance, resolution, or motion. No account or other demands against the village will be allowed and directed paid unless the same has been examined and certified to be correct by the proper committee.

D. Approval Required for Committee Action: No action of a standing committee is official until approved by the board of trustees. (Ord. 2007-09, 9-11-2007; amd. Ord. 2012-19, 9-11-2012; Ord. 2023-01, 1-10-2023; Ord. 2024- 09, 12-10-2024)

1-7-7: COMPENSATION:

Beginning with those terms of office which commence as a result of the consolidated election to be held in April 2011, and for all subsequent terms of office, the village trustees so elected at such election shall be paid a salary of five hundred dollars ($500.00) per quarter (one hundred and sixty-six dollars and sixty-six cents ($166.66) per month). Trustees shall be entitled to miss up to two (2) regular meetings of the board of trustees within a fiscal year; thereafter, no trustee shall receive compensation under this section in any month in which the trustee misses a third or following regular meetings of the board of trustees for that fiscal year. Additionally, such trustees shall receive reimbursement for any expenses incurred by the trustees in the performance or furtherance of the official duties of the office. For all terms of office which commence at any point prior to April 2011, compensation shall remain unchanged until the conclusion of the present term of office. (Ord. 2010-10, 10-28-2010; amd. Ord. 2023-01, 1-10-2023; Ord. 2024-09, 12-10-2024)

1-8-1: COMMENCEMENT OF TERMS:

The terms of newly elected officers for the village shall commence on the first regular or special meeting in the month of May following the proclamation of results of the regular municipal election at which such officers were elected. (1999 Code § 2.03)

1-8-2: PERSONNEL MANUAL:

Village employees shall be subject to the policies and procedures contained in the village employee procedure manual, which may be revised from time to time as necessary. Employee benefits shall be described and contained within this manual. A copy of the manual shall be distributed to all employees, and a permanent copy shall be on file with the village clerk. (Ord. 2003-01, 4-8-2003)

1-8-3: PAID LEAVE RIGHTS:

A. All regular, full-time employees of the Village, will, at all times, be provided no less than 40 hours of any form of paid leave for every consecutive 12-month period of their employment.

B. All part-time, temporary, and seasonal employees of the Village will, at all times be provided no less than 1 hour of any form of paid leave for every 40 hours worked, up to a minimum of 40 hours.

C. The Village through its Personnel Manual may make adjustments to eligibility and accrual rates for various forms of paid leave, on an ongoing basis without impacting, affecting or altering this ordinance, but in no event shall the rights to paid leave provided to employees be less than what is provided herein.

D. The rights of employees working for non-municipal employers within the Village shall be as stated in the Paid Leave for All Workers Act, 820 ILCS 192/1 et seq, as may be amended from time to time. (Ord. 2023-11, 11-14-2023)

1-9-1: DEFINITIONS:

For purposes of this chapter, the following terms shall be given the following definitions:

CAMPAIGN FOR ELECTIVE OFFICE: Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice presidential electors, but does not include activities:

A. Relating to the support or opposition of any executive, legislative, or administrative action;

B. Relating to collective bargaining; or

C. That are otherwise in furtherance of the person's official duties.

CANDIDATE: A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the Election Code .

COLLECTIVE BARGAINING: Has the same meaning as that term is defined in section 3 of the Illinois Public Labor Relations Act .

COMPENSATED TIME: With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.

COMPENSATORY TIME OFF: Authorized time off earned by or awarded to an employee to compensate, in whole or in part, for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.

CONTRIBUTION: Has the same meaning as that term is defined in section 9-1.4 of the Election Code .

EMPLOYEE: A person employed by the Village of Waterman, whether on a full time or part time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.

EMPLOYER: The Village of Waterman.

GIFT: Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.

LEAVE OF ABSENCE: Any period during which an employee does not receive:

A. Compensation for employment;

B. Service credit towards pension benefits; and

C. Health insurance benefits paid for by the employer.

OFFICER: A person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.

POLITICAL ACTIVITY: Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities:

A. Relating to the support or opposition of any executive, legislative, or administrative action;

B. Relating to collective bargaining; or

C. That are otherwise in furtherance of the person's official duties.

POLITICAL ORGANIZATION: A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the state board of elections or a county clerk under section 9-3 of the election code , but only with regard to those activities that require filing with the state board of elections or a county clerk.

PROHIBITED POLITICAL ACTIVITY: A. Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

B. Soliciting contributions, including, but not limited to, the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.

C. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.

D. Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

E. Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

F. Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.

G. Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.

H. Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.

I. Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

J. Preparing or reviewing responses to candidate questionnaires.

K. Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.

L. Campaigning for any elective office or for or against any referendum question.

M. Managing or working on a campaign for elective office or for or against any referendum question.

N. Serving as a delegate, alternate, or proxy to a political party convention.

O. Participating in any recount or challenge to the outcome of any election.

PROHIBITED SOURCE: Any person or entity who:

A. Is seeking official action:

1. By an officer; or

2. By an employee; or

3. By the officer or another employee directing that employee;

B. Does business or seeks to do business:

1. With the officer; or

2. With an employee; or

3. With the officer or another employee directing that employee;

C. Conducts activities regulated:

1. By the officer; or

2. By an employee; or

3. By the officer or another employee directing that employee; or

D. Has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee. (Ord. 2004-06, 5-11-2004)

1-9-2: ETHICS ADVISOR:

A. Advisor Designated: The village mayor, with the advice and consent of the village board, shall designate an ethics advisor for the village. The duties of the ethics advisor may be delegated to an officer or employee of the village unless the position has been created as an office by the village.

B. Duties: The ethics advisor shall provide guidance to the officers and employees of the village concerning the interpretation of and compliance with the provisions of this chapter and state ethics laws. The ethics advisor shall perform such other duties as may be delegated by the corporate authorities. (Ord. 2004-06, 5-11-2004)

1-9-3: PROHIBITED POLITICAL ACTIVITIES:

A. No officer or employee shall intentionally perform any prohibited political activity during any "compensated time", as defined in section 1-9-1 of this chapter. No officer or employee shall intentionally use any property or resources of the village in connection with any prohibited political activity.

B. At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity:

1. As part of that officer's or employee's duties;

2. As a condition of employment; or

3. During any compensated time off (such as holidays, vacation or personal time off).

C. No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.

D. Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this chapter.

E. No person either: 1) in a position that is subject to recognized merit principles of public employment; or 2) in a position, the salary for which is paid in whole or in part by federal funds and that is subject to the federal standards for a merit system of personnel administration applicable to grant in aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. (Ord. 2004-06, 5-11-2004)

1-9-4: GIFT BAN:

A. Prohibitions:

1. Except as permitted by this section, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any "prohibited source", as defined in section 1-9-1 of this chapter, or which is otherwise prohibited by law or ordinance.

2. No prohibited source shall intentionally offer or make a gift that violates this subsection.

B. Exceptions:

1. Subsection A of this section is not applicable to the following:

a. Opportunities, benefits, and services that are available on the same conditions as for the general public.

b. Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.

c. Any:

(1) Contribution that is lawfully made under the election code ; or

(2) Activities associated with a fundraising event in support of a political organization or candidate.

d. Educational materials and missions.

e. Travel expenses for a meeting to discuss business.

f. A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fianceé.

g. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as:

(1) The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals;

(2) Whether, to the actual knowledge of the recipient, the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and

(3) Whether, to the actual knowledge of the recipient, the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.

h. Food or refreshments not exceeding seventy five dollars ($75.00) per person in value on a single calendar day; provided, that the food or refreshments are: 1) consumed on the premises from which they were purchased or prepared; or 2) catered. For the purposes of this subsection B1h, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means.

i. Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.

j. Intragovernmental and intergovernmental gifts. For the purpose of this subsection B1j, "intragovernmental gift" means any gift given to an officer or employee from another officer or employee, and "intergovernmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity.

k. Bequests, inheritances, and other transfers at death.

l. Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than one hundred dollars ($100.00).

2. Each of the exceptions listed in this subsection is mutually exclusive and independent of every other.

C. Disposition Of Gifts: An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this chapter if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. (Ord. 2004-06, 5-11-2004)

1-9-5: PENALTIES:

A. A person who intentionally violates any provision of section 1-9-3 of this chapter may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty four (364) days, and may be fined in an amount not to exceed two thousand five hundred dollars ($2,500.00).

B. A person who intentionally violates any provision of section 1-9-4 of this chapter is subject to a fine in an amount of not less than one thousand one dollars ($1,001.00) and not more than five thousand dollars ($5,000.00).

C. Any person who intentionally makes a false report alleging a violation of any provision of this chapter to the local enforcement authorities, the State's attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty four (364) days, and may be fined in an amount not to exceed two thousand five hundred dollars ($2,500.00).

D. A violation of section 1-9-3 of this chapter shall be prosecuted as a criminal offense by an attorney for the Village by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.

E. A violation of section 1-9-4 of this chapter may be prosecuted as a quasi-criminal offense by an attorney for the Village.

F. In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of section 1-9-3 or 1-9-4 of this chapter is subject to discipline or discharge. (Ord. 2004-06, 5-11-2004)

1-9-6: SEXUAL HARASSMENT:

A. Prohibition On Sexual Harassment: It is unlawful to harass a person because of that person's sex. The courts have determined that sexual harassment is a form of discrimination under title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the Village of Waterman to prohibit harassment of any person by any Municipal official, Municipal agent, Municipal employee or Municipal agency or office on the basis of sex or gender. All Municipal officials, Municipal agents, Municipal employees and Municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.

B. Definition Of Sexual Harassment: This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:

Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Conduct which may constitute sexual harassment includes:

1. Verbal: Sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.

2. Non-Verbal: Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.

3. Visual: Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.

4. Physical: Touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.

5. Textual/Electronic: "Sexting" (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).

The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a "reasonable person".

C. Procedure For Reporting An Allegation Of Sexual Harassment: An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report. Any employee may report conduct which is believed to be sexual harassment, including the following:

1. Electronic/Direct Communication: If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.

2. Contact With Supervisory Personnel: At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, a Director of Human Resources, an Ethics Officer, the City Manager or Administrator, or the Chief Executive Officer of the Municipality.

The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the Municipality will not be presumed to have knowledge of the harassment.

3. Resolution Outside Municipality: The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the Municipality. However, all Municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within one hundred eighty (180) days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within three hundred (300) days.

Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.

All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the Municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome.

D. Prohibition On Retaliation For Reporting Sexual Harassment Allegations: No Municipal official, Municipal agent, Municipal employee or Municipal agency or office shall take any retaliatory action against any Municipal employee due to a Municipal employee's:

1. Disclosure or threatened disclosure of any violation of this policy,

2. The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy, or

3. Assistance or participation in a proceeding to enforce the provisions of this policy.

For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any Municipal employee that is taken in retaliation for a Municipal employee's involvement in protected activity pursuant to this policy.

No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation.

Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following:

1. Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, State agency, or other State employee that the State employee reasonably believes is in violation of a law, rule, or regulation,

2. Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, State agency or other State employee, or

3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.

Pursuant to the Whistleblower Act , an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or Federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or Federal law, rule, or regulation .

According to the Illinois Human Rights Act , it is a civil rights violation for a person, or for two (2) or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.

An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge - due within one hundred eighty (180) days (IDHR) or three hundred (300) days (EEOC) of the alleged retaliation.

E. Consequences Of A Violation Of The Prohibition On Sexual Harassment: In addition to any and all other discipline that may be applicable pursuant to Municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the Prohibition On Sexual Harassment contained in 5 Illinois Compiled Statutes 430/5-65, may be subject to a fine of up to five thousand dollars ($5,000.00) per offense, applicable discipline or discharge by the Municipality and any applicable fines and penalties established pursuant to local ordinance, State law or Federal law. Each violation may constitute a separate offense. Any discipline imposed by the Municipality shall be separate and distinct from any penalty imposed by an Ethics Commission and any fines or penalties imposed by a court of law or a State or Federal agency.

F. Consequences For Knowingly Making A False Report: A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable Municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.

In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an Ethics Commission, an Inspector General, the State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor. An Ethics Commission may levy an administrative fine of up to five thousand dollars ($5,000.00) against any person who intentionally makes a false, frivolous or bad faith allegation. (Ord. 2018-01, 1-9-2018, eff. 1-9-2018)

1-10-1: LOCAL IMPROVEMENTS:

The provisions of article 9, division 2 of the Illinois municipal code are adopted . (1999 Code § 2.09)

1-10-2: RETURNED CHECKS; FEE AND PROCEDURE:

A. A twenty-five-dollar ($25.00) fee shall be assessed for any form of payment that is returned to the Village for any reason. Upon receipt of the returned payment, the Village shall notify the customer, and such customer shall have seventy-two (72) hours after such notification to make the required payment, including all penalties, fines, and returned payment fee, by certified funds or cash. If the customer fails to make the payment as required, the bill shall be considered late and delinquent as the case may be, and additional late fees may be assessed.

B. If the Village receives two or more returned payments for water, sewer, and/or trash services, you will no longer be eligible to submit check, debit or credit card, or ACH electronic payments. Only payments in the form of cash, money order, or certified check will be accepted. (Ord. 2006-09, 9-12-2006; amd. Ord. 2023-13, 10-10-2023)

1-10-3: BUDGET PROCESS:

A. Adoption Of Budget Process: The village of Waterman has adopted the budget process contemplated by 65 Illinois Compiled Statutes 5/8-2-9.1 through 5/8-2-9.10, by a two-thirds (2/3) majority vote of the corporate authorities then holding office. This section is adopted to codify the requirements of the village's budget process, in compliance with the above referenced sections of the Illinois municipal code. This section may only be repealed by a two-thirds (2/3) vote of the corporate authorities of the village holding office at the time of vote.

B. Budget Officer: The village mayor shall appoint a budget officer, subject to the approval of the corporate authorities of the village, and the budget officer shall serve at the pleasure of the mayor. The budget officer may hold another municipal office, either elected or appointed, and shall not receive additional compensation for service as budget officer. The budget officer shall take an oath and post a bond as required under the provisions of 65 Illinois Compiled Statutes 5/3.1-10-25; in the event the budget officer holds another municipal office, either elected or appointed, which requires a similar bond, a single bond may satisfy the obligation relative to both offices. The budget officer shall have the following powers and duties:

1. Encourage efficient use of planning, budgeting, auditing, reporting, accounting and other fiscal management procedures in all village departments, committees and boards;

2. Compile an annual budget in accordance with the provisions of subsection C of this section;

3. Examine all books and records of the village which relate to monies received or paid out by the village and its departments, officers, employees, committees, boards and other similar groups, or which relate to accounts receivable, accounts owed by or to the village, and debts of the village;

4. Obtain information from department heads, officers, committees, boards and other similar groups of the village in accordance with subsection D of this section. Any such entity which refuses to make information requested by the budget officer available to the budget officer shall not be permitted to make expenditures under any subsequent budget for the village until such information is provided to the satisfaction of the budget officer; and

5. Establish and maintain policies and procedures, in cooperation with the village president and village clerk, to ensure that no expenditures are made by or on behalf of the village except as authorized by the budget, to ensure proper record keeping as may be necessary to comply with the requirements of the budget, and otherwise to ensure sound financial planning for the village. Such policies and procedures shall be in writing, to the extent practicable. Any such policy or procedure established by the budget officer may be repealed by a two-thirds (2/3) majority vote of the corporate authorities of the village then holding office.

C. Budget: The budget officer shall compile a budget containing estimates of revenues and expenditures of the village available for the fiscal year for which the budget is drafted.

1. Recommended Expenditures: The budget shall also contain recommended expenditures for the village and all departments, committees and subsets thereof.

2. Presentation Of Budget Information: All budget information shall be presented in a manner in conformity with good fiscal management practices, and in substantial conformity with the requirements of 65 Illinois Compiled Statutes 5/8-2-9.3.

3. Actual Or Estimated Revenues: The budget shall also contain actual or estimated revenues for the two (2) years immediately preceding the fiscal year for the budget, itemized in conformity with the proposed estimates for the year of adoption of the budget.

4. Specific Funds: The budget shall show the specific fund from which each anticipated expenditure is to be made.

5. Passage; Submittal: The budget shall be passed in lieu of an appropriation ordinance for the village and shall in all events be adopted prior to the start of the fiscal year to which it applies. A proposed budget shall be submitted to the corporate authorities of the village not less than three (3) months prior to the start of the fiscal year to which it applies.

6. Public Inspection; Public Hearing: Not less than ten (10) days prior to passage, the budget shall be made conveniently available to the public for inspection at the village hall, during normal business hours of the village hall. A public hearing shall be held on the budget not less than one week after being made available for public inspection, with notice of the hearing published at least one week in advance of the hearing in a newspaper of general circulation in the village. After the hearing, the budget may be revised and passed without further hearing or inspection.

7. Budget Amendments: After passage, the budget may be amended at any time by a two-thirds (2/3) vote of the corporate authorities then holding office. No such revision shall be made to increase the budget unless funds are available to effect the revision.

8. Fund Specific Requirements:

a. The budget may contain an amount not to exceed three percent (3%) of the equalized assessed value of the village subject to taxation in a separate fund for the purpose of specific capital improvements, repairs or replacements of specific types of municipal equipment or other tangible property, real or personal, in a fund designated as the "capital improvement, repair or replacement fund". Expenditures from this fund shall be budgeted in the fiscal year in which the improvement, repair or replacement shall occur. Should any surplus monies remain in such fund following the completion or abandonment of any project contemplated to be funded from this fund, such surplus monies shall, in the next budget following the completion or abandonment, be transferred into the general corporate fund of the village.

b. The budget may contain an amount of funding set aside for contingencies, to be expended upon a majority vote of the corporate authorities then holding office in the event of a contingency. Such amount set aside for contingencies shall not exceed ten percent (10%) of the total budget, less the amount set aside for contingencies.

D. Budget Submittals: Each department head, committee, board and organization of the village, other than the board of trustees, shall submit to the budget officer not less than six (6) months prior to the start of a new fiscal year, a proposed budget for their respective department, committee or board, listing those items as are necessary to be included in the budget of the village (including proposed revenue and expenditures, revenue and expenditures for the past 2 years, and such other information as may be requested by the budget officer). Each entity so submitting information shall be responsible for coordinating their proposed budget with the budget being prepared by the budget officer, and each proposed budget shall be subject to revision by the budget officer. At any point in time, should any such entity require a revision to the budget, either before or after its adoption, such entity shall submit a written explanation of the amendment to the budget officer. The budget officer shall thereafter have forty five (45) days to present the request for amendment to the corporate authorities of the village, along with a recommendation as to whether such amendment should be adopted, and an analysis as to whether the amendment may lawfully be adopted. Each such entity shall further be responsible for documenting all revenue and expenditures undertaken by or on behalf of the village in a fashion acceptable to the budget officer, and in compliance with the requirements of the then current village budget.

E. Year Of Implementation: The procedures outlined in this section shall be implemented for the fiscal year 2008-09, commencing in May of 2008. For the year of implementation, the timelines described above shall be adjusted as follows: Each department head/committee/board shall submit a proposed budget (under subsection D of this section) to the budget officer not later than January 1, 2008. The budget officer shall thereafter prepare a proposed budget not later than February 15, 2008. The final budget for fiscal year 2008-09 shall be passed prior to the start of fiscal year 2008-09. (Ord. 2007-13, 11-13-2007)

1-11-1: TITLE:

This chapter shall be known as, and may be cited as, the LOCALLY IMPOSED AND ADMINISTERED TAX RIGHTS AND RESPONSIBILITY ORDINANCE. (2005 Code)

1-11-2: SCOPE; APPLICATION OF PROVISIONS:

A. Scope: The provisions of this chapter shall apply to village procedures in connection with all of the village locally imposed and administered taxes.

B. Application Of Provisions; Conflicting Provisions: This chapter shall be liberally construed and administered to supplement all of the village tax ordinances. To the extent that any tax ordinance is in conflict with or inconsistent with this chapter, this chapter shall be controlling. (2005 Code)

1-11-3: DEFINITIONS:

Certain words or terms herein shall have the meanings ascribed to them as follows:

ACT: The "local government taxpayers' bill of rights act ".

BOARD OF TRUSTEES: The village of Waterman president and board of trustees.

LOCAL TAX ADMINISTRATOR: The village of Waterman is charged with the administration and collection of the locally imposed and administered taxes, including staff, employees or agents, to the extent they are authorized by the local tax administrator to act in the local tax administrator's stead. The local tax administrator shall have the authority to implement the terms of this chapter to give full effect to this chapter. The exercise of such authority by the local tax administrator shall not be inconsistent with this chapter and the act.

LOCALLY IMPOSED AND ADMINISTERED TAX OR TAX: Each tax imposed by the village of Waterman that is collected or administered by the village of Waterman which is not an agency or department of the state. It does not include a tax imposed upon real property under the property tax code , the state imposed sales tax (retailers' occupation tax) or fees collected by the village of Waterman other than infrastructure maintenance fees.

NOTICE: Each audit notice, collection notice or other similar notice or communication in connection with each of the village's locally imposed and administered taxes.

TAX ORDINANCE: Each ordinance adopted by the village that imposes any locally imposed and administered tax.

TAXPAYER: Any person required to pay any locally imposed and administered tax and generally includes the person upon whom the legal incidence of such tax is placed and, with respect to consumer taxes, includes the business or entity required to collect and pay the locally imposed and administered tax to the village.

VILLAGE: The village of Waterman, an Illinois municipal corporation. (2005 Code)

1-11-4: NOTICE REQUIREMENTS:

Unless otherwise provided, whenever notice is required to be given, the notice is to be in writing mailed not less than seven (7) calendar days prior to the day fixed for any applicable hearing, audit or other scheduled act of the local tax administrator. The notice shall be sent by the local tax administrator as follows:

A. First class or express mail, or overnight mail, addressed to the persons concerned at the persons' last known addresses; or

B. Personal service or delivery. (2005 Code)

1-11-5: DELINQUENT NOTICES, PAYMENTS, REMITTANCES OR OTHER FILINGS:

Any notice, payment, remittance or other filing required to be made to the village pursuant to any tax ordinance shall be considered late unless it is: a) physically received by the village on or before the due date; or b) received in an envelope or other container displaying a valid, readable U.S. postmark dated on or before the due date, properly addressed to the village with adequate postage prepaid. (2005 Code)

1-11-6: DISPOSITION OF REVENUES:

Any payment or remittance received for a tax period shall be applied in the following order: first to the tax due for the applicable period, second to the interest due for the applicable period, and third to the penalty for the applicable period. (2005 Code)

1-11-7: CERTAIN CREDITS AND REFUNDS:

A. Written Protest Required: The village shall not refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed and administered tax is declared invalid or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid the tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress.

B. Statute Of Limitations: The statute of limitations on a claim for credit or refund shall be two (2) years after the end of the calendar year in which payment in error was made. The village shall not grant a village credit or refund of locally imposed and administered taxes, interest, or penalties to a person who has not paid the amounts directly to the village.

C. Procedure: The procedure for claiming a credit or refund of locally imposed and administered taxes, interest or penalties paid in error shall be as follows:

1. The taxpayer shall submit to the local tax administrator in writing a claim for credit or refund together with a statement specifying:

a. The name of the locally imposed and administered tax subject to the claim;

b. The tax period for the locally imposed and administered tax subject to the claim;

c. The date of the tax payment subject to the claim and the canceled check or receipt for the payment;

d. The taxpayer's recalculation, accompanied by an amended or revised tax return, in connection with the claim; and

e. A request for either a refund or a credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, related interest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any monies to the village.

2. Within ten (10) days of the receipt by the local tax administrator of any claim for a refund or credit, the local tax administrator shall either:

a. Grant the claim; or

b. Deny the claim, in whole or in part, together with a statement as to the reason for the denial or the partial grant and denial.

3. In the event the local tax administrator grants, in whole or in part, a claim for refund or credit, the amount of the grant for refund or credit shall bear interest at the rate of eight percent (8%) per annum, based on a year of three hundred sixty five (365) days and the number of days elapsed, from the date of the overpayment to the date of mailing of a refund check or the grant of a credit. (2005 Code)

1-11-8: AUDIT PROCEDURE:

A. Notice Requirements: Any request for proposed audit pursuant to any local administered tax shall comply with the notice requirements of this chapter. Each notice of audit shall contain the following information:

1. The tax;

2. The time period of the audit; and

3. A brief description of the books and records to be made available for the auditor.

B. Time For Conducting Audit:

1. Any audit shall be conducted during normal business hours, and if the date and time selected by the local tax administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within thirty (30) days after the originally designated audit and during normal business hours.

2. The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted not less than seven (7) days nor more than thirty (30) days from the date the notice is given, unless the taxpayer and the local tax administrator agreed to some other convenient time. In the event taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within the thirty (30) days, approved in writing, that is convenient to the taxpayer and the local tax administrator.

C. Taxpayer's Books And Records:

1. Every taxpayer shall keep accurate books and records of the taxpayer's business or activities, including original source documents and books of entry denoting the transactions which had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English language and shall be subject to and available for inspection by the village.

2. It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the village. If the taxpayer or tax collector fails to provide the documents necessary for audit within the time provided, the local tax administrator may issue a tax determination and assessment based on the tax administrator's determination of the best estimate of the taxpayer's tax liability.

D. Overpayments: If an audit determines there has been an overpayment of a locally imposed and administered tax as a result of the audit, written notice of the amount of overpayment shall be given to the taxpayer within thirty (30) days of the village's determination of the amount of overpayment.

E. Payment To Improper Entity: In the event a tax payment was submitted to the incorrect local governmental entity, the local tax administrator shall notify the local governmental entity imposing such tax. (2005 Code)

1-11-9: APPEALS:

A. Contents Of Notice Regarding Taxes Due: The local tax administrator shall send written notice to a taxpayer upon the local tax administrator's issuance of a protestable notice of tax due, a bill, a claim denial, or a notice of claim reduction regarding any tax. The notice shall include the following information:

1. The reason for the assessment;

2. The amount of the tax liability proposed;

3. The procedure for appealing the assessment; and

4. The obligations of the village during the audit, appeal, refund and collection process.

B. Request For Hearing: A taxpayer who receives written notice from the local tax administrator of a determination of tax due or assessment may file with the local tax administrator a written protest and petition for hearing, setting forth the basis of the taxpayer's request for a hearing. The written protest and petition for hearing must be filed with the local tax administrator within forty five (45) days of receipt of the written notice of the tax determination and assessment.

C. Hearing Scheduled; Notice: If a timely written notice and petition for hearing is filed, the local tax administrator shall fix the time and place for hearing and shall give written notice to the taxpayer. The hearing shall be scheduled for a date within fourteen (14) days of receipt of the written protest and petition for hearing, unless the taxpayer requests a later date convenient to all parties.

D. Time Limit For Filing Hearing Request: If a written protest and petition for hearing is not filed within the forty five (45) day period, the tax determination, audit or assessment shall become a final bill due and owing without further notice.

E. Reopening, Extension Of Hearing Request: Upon the showing of reasonable cause by the taxpayer and the full payment of the contested tax liability along with interest accrued as of the due date of the tax, the local tax administrator may reopen or extend the time for filing a written protest and petition for hearing. In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than ninety (90) days after the expiration of the forty five (45) day period.

F. Conduct Of Hearing; Decision:

1. Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under this section, the local tax administrator shall conduct a hearing regarding any appeal. No continuances shall be granted except in cases where a continuance is absolutely necessary to protect the rights of the taxpayer. Lack of preparation shall not be grounds for a continuance. Any continuance granted shall not exceed fourteen (14) days.

2. At the hearing, the local tax administrator shall preside and shall hear testimony and accept any evidence relevant to the tax determination, audit or assessment. The strict rules of evidence applicable to judicial proceedings shall not apply.

3. At the conclusion of the hearing, the local tax administrator shall make a written determination on the basis of the evidence presented at the hearing. The taxpayer or tax collector shall be provided with a copy of the written decision. (2005 Code)

1-11-10: PAYMENT REQUIRED; INTEREST AND PENALTIES:

A. Time For Payment: In the event a determination has been made that a tax is due and owing through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated.

B. Interest: The village hereby provides for the amount of interest to be assessed on a late payment, underpayment, or nonpayment of the tax, to be five percent (5%) per annum, based on a year of three hundred sixty five (365) days and the number of days elapsed.

C. Late Filing And Payment Penalties: If a tax return is not filed within the time and manner provided by the controlling tax ordinance, a late filing penalty of five percent (5%) of the amount of tax required to be shown as due on a return shall be imposed, and a late payment penalty of five percent (5%) of the tax due shall be imposed. If no return is filed within the time or manner provided by the controlling tax ordinance and prior to the village issuing a notice of tax delinquency or notice of tax liability, then a failure to file penalty shall be assessed equal to twenty five percent (25%) of the total tax due for the applicable reporting period for which the return was required to be filed. A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance.

D. Abatement Of Penalties: The local tax administrator shall have the authority to waive or abate any late filing penalty, late payment penalty or failure to file penalty if the local tax administrator shall determine reasonable cause exists for delay or failure to make a filing. (2005 Code)

1-11-11: INSTALLMENT CONTRACTS:

The village may enter into an installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance. The local tax administrator may not cancel any installment contract so entered unless the taxpayer fails to pay any amount due and owing. Upon written notice by the local tax administrator that the payment is thirty (30) days delinquent, the taxpayer shall have fourteen (14) working days to cure any delinquency. If the taxpayer fails to cure the delinquency within the fourteen (14) day period or fails to demonstrate good faith in restructuring the installment contract with the local administrator, the installment contract shall be canceled without further notice to the taxpayer. (2005 Code)

1-11-12: STATUTE OF LIMITATIONS:

A. The village, through the local tax administrator, shall review all tax returns in a prompt and timely manner and inform taxpayers of any amounts due and owing. The taxpayer shall have forty five (45) days after receiving notice of the reviewed tax returns to make any request for refund or provide any tax still due and owing.

B. No determination of tax due and owing may be issued more than two (2) years after the end of the calendar year for which the return for the applicable period was filed or for the calendar year in which the return for the applicable period was due, whichever occurs later.

C. If any tax return is not filed or if, during any four (4) year period for which a notice of tax determination or assessment may be issued by the village, the tax paid was less than seventy five percent (75%) of the tax due, the statute of limitations shall be six (6) years maximum after the end of the calendar year in which return for the applicable period was due or end of the calendar year in which the return for the applicable period was filed.

D. The statute of limitations shall not apply if a fraudulent tax return was filed by the taxpayer. (2005 Code)

1-11-13: VOLUNTARY DISCLOSURE:

For any locally imposed and administered tax for which a taxpayer has not received a written notice of an audit, investigation, or assessment from the local tax administrator, a taxpayer is entitled to file an application with the local tax administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure application must agree to pay the amount of tax due, along with interest of one percent (1%) per month, for all periods prior to the filing of the application but not more than four (4) years before the date of filing the application. A taxpayer filing a valid voluntary disclosure application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed. However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case, the application shall be deemed invalid and void. The payment of tax and interest must be made by no later than ninety (90) days after the filing of the voluntary disclosure application or the date agreed to by the local tax administrator. However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this section must be paid within ninety (90) days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the local tax administrator, whichever is longer. (2005 Code)

1-11-14: PUBLICATION OF TAX ORDINANCES; COPIES:

Any locally administered tax ordinance shall be published via normal or standard publishing requirements. The posting of a tax ordinance on the internet shall satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request at the village clerk's office. (2005 Code)

1-11-15: REVIEW OF LIENS:

The local tax administrator shall establish an internal review procedure regarding any liens filed against any taxpayers for unpaid taxes. Upon a determination by the local tax administrator that the lien is valid, the lien shall remain in full force and effect. If the lien is determined to be improper, the local tax administrator shall:

A. Timely remove the lien at village's expense;

B. Correct the taxpayer's credit record; and

C. Correct any public disclosure of the improperly imposed lien. (2005 Code)

1-12-1: REGISTRY ESTABLISHED:

A. The village clerk is hereby authorized and directed to create an "interested parties" registry in accordance with 65 Illinois Compiled Statutes 5/11-74.4-4.2 for the TIF district created under the provisions of the Illinois tax increment allocation redevelopment act, 65 Illinois Compiled Statutes 5/11-74.4-1 et seq. ("the TIF act").

B. The village board, in accordance with section 11-74.4-4.2 of the TIF act, hereby adopts the rules described in exhibit A attached to the ordinance codified herein as the registration rules for the interested parties registry. The board shall have the authority to amend the registration rules from time to time as may be necessary or desirable to carry out all the purposes intended by the TIF act.

C. The village clerk shall be hereby authorized and directed to publish a notice in a newspaper of general circulation within the village indicating that the registry authorized by this section has been established, and further providing the information required by section 11-74.4-5 of the act. (Ord. 2006-16, 11-14-2006)

1-12-2: POLICY AND PROCEDURES:

The village board hereby adopts the policy and procedures described in exhibit A attached to the ordinance codified herein as the policy and procedures for applications for TIF funding. The board shall have the authority to amend the rules from time to time as may be necessary or desirable to carry out all the purposes intended by the TIF act. (Ord. 2006-17, 1-9-2007)

1-13-1: PURPOSE:

The purpose of this division is to establish a system to provide for the collection of unpaid water service charges and other delinquent fees and charges owed to the village from persons upon the sale or other transfer of real estate within the village. (Ord. 2022-07, 7-12-2022)

1-13-2: DEFINITIONS:

The following definitions shall apply to the interpretation and enforcement of this division:

BENEFICIAL INTEREST:	The interest held by a beneficiary in a trust where the trustee of the trust holds legal title to real estate for the benefit of the beneficiaries of such trust.
TRANSFEROR OF THE REAL ESTATE:	The person or persons, entity or entities that transfer the title to real estate or the beneficial interest in a trust that holds title to real estate to another person or persons, entity or entities. The definition shall also include the transfer of control of a property subjectto the Illinois Condominium Property Act from the developer to the condominium association board of managers.
VILLAGE:	The Village of Waterman, Illinois. (Ord. 2022-07, 7-12-2022)

1-13-3: SATISFACTION OF MUNICIPAL DEBTS:

A. Unless the transfer is exempt and only to the extent exempted, no real estate located in the village and no beneficial interest of a trust holding title to real estate located in the village shall be sold, quitclaimed, assigned, exchanged or otherwise transferred unless it has been determined by the Village Clerk that:

1. The village’s water, sewer and refuse collection charges related to the real estate have been paid in full; and

2. The transferor of the real estate is not otherwise in debt to the village.

B. Unless exempted, the requirement of obtaining a municipal debt satisfaction certificate shall be mandatory on all transfers of ownership of or beneficial interest in real estate located within the village. (Ord. 2022-07, 7-12-2022)

1-13-4: EXEMPT TRANSFERS:

The following transfers are exempt from compliance with the requirement that the village’s water, sewer and refuse collection charges related to the real estate have been paid in full:

A. The transfer of title or assignment of the beneficial interest of a trust holding title to a condominium unit for which a condominium association pays the water, sewer and/or refuse collection charges. (Ord. 2022-07, 7-12-2022)

1-13-5: APPLICATION:

A. Upon entering into any agreement to transfer the title of real estate located within the village or to assign the beneficial interest of a trust holding title to real estate located within the village, the titleholder or the beneficiary of the trust holding title shall immediately and before the transfer make application to the Village Clerk for a final reading of the water meter serving the real estate and for a municipal debt satisfaction certificate. The application shall be accompanied by the original deed or other document of transfer. Upon the final reading of the water meter’s being made and the amount owed being determined, including, but not limited to, any outstanding penalties for delinquent payments and for other monetary obligations owed to the village, the applicant shall make full payment to the village in the amounts then determined to be due. The application for a municipal debt satisfaction certificate shall be submitted to the Village Clerk during regular business hours not less than seven business days prior to any proposed sale, assignment or other transfer of real estate or of the legal or beneficial interest of a trust holding title to real estate located in the village to allow sufficient time for the Village Clerk to determine if the applicant has met the requirements for a municipal debt satisfaction certificate.

B. If the Village Clerk determines that the transferor of the real estate has paid in full all water, sewer and refuse collection charges as of the most recent billing, and that the transferor of the real estate is not otherwise in debt to the village, the Village Clerk shall issue a municipal debt satisfaction certificate. The municipal debt satisfaction certificate shall state that as of the date of the most recent billing, all water, sewer and refuse collection charges have been paid in full and that the transferor of the real estate is not otherwise in debt to the village. Any unbilled charges incurred after the issuance of the municipal debt satisfaction certificate to, and including, the date of the closing of the sale or transfer of the real estate shall remain the responsibility of the transferor of the real estate.

C. The municipal debt satisfaction certificate shall be valid for a period of 30 days from the date of issuance.

D. The Village Clerk shall keep a record of all municipal debt satisfaction certificates on file in the Village Hall. Copies of any municipal debt satisfaction certificate related to the property shall be furnished, upon request, to any person having a tenancy interest in the property for which the certificate is requested.

E. If the Village Clerk determines that the transferor of the real estate has not paid in full all water, sewer and/or refuse collection charges, or that the transferor of the real estate is otherwise in debt to the village, no municipal debt satisfaction certificate shall be issued. Instead, the applicant will be issued a report in a form adopted by the Village which details any water, sewer, refuse collection charges, and/or debts owed by the transferor of the real estate to the village. When, and if, the transferor of the real estate has paid the all of the debts noted on the report, the applicant may reapply for a municipal debt satisfaction certificate. (Ord. 2022-07, 7-12-2022)

1-13-6: APPEALS:

A. Any person whose application for a municipal debt satisfaction certificate has been denied may file an appeal with the Village Manager to contest the findings contained on the report or request that the requirements of this division be waived in his or her particular circumstances.

B. An appeal to the Village Manager must be made by filing a notice of appeal with the Village Manager. The notice of appeal must be filed within ten days from the date of issuance of the report denying the issuance of the municipal debt satisfaction certificate. The Village Manager may grant a variance from the requirements of the division only when the applicant can prove by a preponderance of the evidence that:

1. Compliance with the requirements of the division will place an extreme hardship on the applicant; or

2. Physical conditions of the real estate make compliance with the requirements of the division impossible.

C. The Village Manager shall hold a hearing on the appeal within seven days of the filing of the notice of appeal. The Village Manager shall render a written decision within seven days of the close of the hearing. (Ord. 2022-07, 7-12-2022)

1-13-7: FEE:

The village shall charge a fee of $10.00 for the preparation of a municipal debt satisfaction certificate payable upon application for the municipal debt satisfaction certificate. (Ord. 2022-07, 7-12-2022)

1-13-8: PENALTY:

Any person who participates in a sale or transfer of any structure, building or dwelling unit in the village in violation of this division as seller, buyer, broker or agent, shall be subject to a fine of not less than $200.00 nor more than $750.00 for such violation. (Ord. 2022-07, 7-12-2022)

1-8A-1: BOND:

The village clerk, before entering upon the duties of his office, shall execute to the village a bond in the penal sum established by resolution, which sum shall be at least one thousand dollars ($1,000.00), with sureties to be approved by the board of trustees as provided by law. (1999 Code § 2.05)

1-8A-2: DUTIES:

A. Generally:

1. The village clerk shall:

a. Attend every meeting of the board of trustees and shall keep a correct record of all proceedings of the board of trustees;

b. Safely keep the corporate seal and use it when appropriate;

c. Notify all committees appointed by the board of trustees of their appointment and of the business referred to them;

d. Prepare orders for special elections;

e. Notify all judges of election of their appointment;

f. Prepare bonds or scripts for loans; and

g. Perform all other duties which, by usage and custom, devolve upon clerks and secretaries of incorporated bodies.

2. To facilitate the discharge of his duties, the village clerk may procure for the village such blank forms as may be necessary.

B. Information To Mayor, Officers And Committees: The village clerk shall promptly deliver to the officers of the village and to all committees of the board of trustees, all papers, documents, communications and other matters referred to them respectively, and shall promptly deliver to the mayor to be returned in due course of business, all matters requiring approval or action of the mayor.

C. Supervision Over Finances: The village clerk shall:

1. Exercise a general supervision over all officers of the village responsible for the receipt, collection or disbursement of corporation revenues, and the collection and return of such revenues into the village treasury.

2. Have charge, custody and control of all deeds, leases, warrants, vouchers, books and papers of any kind, the custody and control of which is not herein given to any other officer. (1999 Code § 2.05)

3. On or before May 31 of each year and before the annual appropriation is made by the board of trustees, submit to the board of trustees a report of his estimate of monies necessary to defray the expenses of the village during the current fiscal year. In the report, he shall class the different objects and branches of expenditures, giving as nearly as possible the amount required for each. For the purpose of making such report, he may require of all officers a statement of the condition and expenses of their respective offices or departments, with any proposed improvements and probable expense thereof, all contracts made and unfinished, and the amount of any and all unexpended appropriations of the preceding year. He shall, in such report, show the aggregate income of the preceding fiscal year from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, and when due and payable. In such reports, he shall give such other information to the board of trustees as he may deem necessary in order that the board of trustees may fully understand the financial exigencies and demands upon the village. (1999 Code § 2.05; amd. 2005 Code)

D. Accounts Of Village Treasurer: The village clerk shall keep a regular account of debtor and creditor between the village and the village treasurer, by charging the latter with sums received by him as exhibited in his duplicate receipts, and credit him with the village orders paid and returned to him. He shall keep a regular account of debtor and creditor when appropriations are made and expenditures are ordered and shall state in all orders drawn on the village treasurer for whom and when same is payable and also to what fund or appropriation the same is chargeable.

E. Ordinances: The village clerk shall index all ordinances by their number or title and shall attend to the proper and lawful publication of same.

F. Committees: The village clerk shall keep a list of all committees appointed by the board of trustees and of the business referred to them. He shall note when the committees report and the nature of their report.

G. Attest Documents; Signature And Seal Required; Additional Duties: The village clerk shall attest all deeds, contracts and leases made by the board of trustees and, in conjunction with the mayor, sign all ordinances, bonds, licenses and orders on the village treasurer and affix the seal of the village thereto, and perform such other duties as may be required of him by the board of trustees. (1999 Code § 2.05)

1-8A-3: DAMAGE TO VILLAGE RECORDS:

Any person who loses or damages or obliterates any records of the village shall be liable to the village for any damages suffered by the village on account of the same. (1999 Code § 2.05; amd. 2005 Code)

1-8B-1: BOND:

The treasurer's bond shall be an amount of money that is not less than three (3) times the latest federal census population or any subsequent census figure used for motor fuel tax purposes. The treasurer's bond shall be filed with the village clerk. (2005 Code)

1-8B-2: DUTIES:

A. Generally: The village treasurer shall perform the duties required of him by law and ordinance.

B. Books And Records:

1. The village treasurer shall keep books in which shall be recorded and safely kept a record of all transactions of his office. In keeping books and records, it shall be his duty to do the work in such a manner so that said books and records will at all times contain and disclose in detail the accounts, transactions, business and affairs of his office. He shall keep separate the transactions and affairs relating to the various funds, departments, offices or divisions of the village.

2. The village treasurer shall preserve and safely keep in his custody the books, records and property under his control and shall not permit the same to leave his custody and control except by court order or order of the board of trustees. Upon the termination of his term of office, he shall promptly turn over all village property under his control to this successor in office or to such person as the board of trustees may direct.

C. Reports: The village treasurer shall make such reports as are now required by law, and such other and further reports as may be required by the board of trustees. (1999 Code § 2.06)

1-8B-3: CONDUCT AND MANAGEMENT OF OFFICE:

The village treasurer shall follow regulations prescribed by the board of trustees or by law pertaining to his office or the conduct, management and affairs thereof. He shall adhere to the system of bookkeeping adopted by the village. (1999 Code § 2.06)

1-8B-4: INSPECTION OF BOOKS AND RECORDS:

The books and records of the village treasurer's office shall be open to inspection by the mayor or board of trustees. (1999 Code § 2.06)

1-8B-5: REMOVAL FROM OFFICE FOR VIOLATIONS:

For violations of the duties of his office, the village treasurer shall be subject to removal from office by the mayor as provided by 65 Illinois Compiled Statutes 5/3.1-35-10. (1999 Code § 2.06; amd. 2005 Code)

1-8C-1: OFFICE ESTABLISHED; APPOINTMENT:

There is established the office of village attorney. The village attorney shall be appointed by the mayor, by and with the advice and consent of the board of trustees. (1999 Code § 2.07)

1-8D-1: OFFICE CREATED:

There is hereby created the office of village engineer. (Ord. 2006-10, 9-20-2006)

1-8D-2: APPOINTMENT:

The village mayor with the advice and consent of the board of trustees does hereby reserve the right to appoint and terminate the village engineer for the village who shall serve at the pleasure of the village board. Any village engineer or village engineering consultant shall be selected in accordance with the provisions governing the selection of such professionals under the provisions of the Illinois municipal code and related statutes. (Ord. 2006-10, 9-20-2006)

1-8D-3: DUTIES:

The village engineer shall serve as general engineering consultant for the village, as well as the design engineer and/or consultant on any project as the village shall direct. The village engineer may also, if so directed by the village, assist in the supervision of other engineers providing services in or for the village, assist in the supervision of construction activities and development within the village, provide engineering related services such as public utility or land surveying, and shall provide such other services as the village shall require. (Ord. 2006-10, 9-20-2006)

1-8E-1: OFFICE CREATED:

The Office of the Village Manager is hereby created. (Ord. 2021-04, 3-9-2021)

1-8E-2: APPOINTMENT:

The Village Manager shall be appointed by the Mayor and the Board of Trustees for an indefinite term. The Village Manager shall be appointed because of executive and administrative qualifications and shall have actual experience in, or knowledge of accepted practice in respect to the duties of a village manager and without regard to political beliefs. (Ord. 2021-04, 3-9-2021)

1-8E-3: DUTIES:

The Village Manager shall have the management and control of all Village business placed in the Village Manager’s charge by or under this article, and things pertaining to the operation and maintenance of the properties of the Village and of all the departments of the Village, including the Public Works Department, the Police Department, and all other Village Departments. The Village Manager shall be responsible to the Board for the proper administration of all the affairs of the Village. To that end, he or she shall have the power and shall be required to:

A. Hire, appoint, suspend or remove any existing budgeted employee of the Village, exclusive of employees and officers of the Police Department. Upon discharging any employee, the Village Manager shall submit to the Board of Trustees at the next meeting following such removal a statement concerning said removal and the reason therefor.

B. The Village Manager shall appoint, suspend or remove any appointive administrative officers, with the consent of the Board, except when the appointment power is vested in the elected officials of the Village under this Code or under the State of Illinois.

C. Direct and supervise the administration of all departments, personnel, offices, and agencies of the Village, except as otherwise provided by law.

D. Cause to be purchased all materials, supplies and equipment for which funds have been provided in the budget.

E. Attend all Board meetings. The Village Manager shall have the right to take part in discussion but shall not vote.

F. Investigate all complaints in regard to administration, operations and activities.

G. Prepare and submit the annual budget and capital program as needed to the Board of Trustees, and implement the final budget approved by the Board of Trustees to achieve the goals of the Village.

H. Submit to the Board of Trustees and make available to the public a complete report on the finances an administrative activity of the Village as of the end of each fiscal year.

I. The Village Manager shall sign on behalf of the village any contract authorized by the Board of Trustees, except where the Board or statute directs that some other officer shall do so. It shall be the duty of the Village Manager to see that all terms of any contract to which the village is a party are fully performed by all parties thereto.

J. Keep the Board of Trustees fully advised as to the financial condition and future needs of the Village.

K. Make recommendations to the Board of Trustees concerning the affairs of the village and facilitate the work of the Board of Trustees in developing policy.

L. In case of accident, disaster, or other circumstance creating a public emergency, the Village Manger may award contracts and make purchases for the purpose of meeting said emergency in a manner consistent with the Village Purchasing Policy; but the Village Manager shall file promptly with Board of Trustees a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.

M. Perform such other duties as are specified or may be required by the Board of Trustees. (Ord. 2021-04, 3-9-2021)

1-8E-4: BOND:

Before taking office, the Village Clerk shall execute to the village a bond in the penal sum established by resolution, which sum shall be at least one thousand dollars ($1,000.00), with sureties to be approved by the board of trustees as provided by law. (Ord. 2021-04, 3-9-2021)

1-8E-5: COMPENSATION:

The Village Manager shall receive such compensation as the Board of Trustees shall fix from time to by ordinance or resolution. (Ord. 2021-04, 3-9-2021)

1-8E-6: REMOVAL OF THE VILLAGE MANAGER:

The Board of Trustees may remove the Village Manager at any time by a majority vote of its members. If requested, a public hearing shall be granted by the Board of Trustees within 30 days following notice of removal. During the interim, the Board of Trustees may suspend the Village Manager from duty, but shall continue the Village Manager’s salary and, if the removal becomes final, as provided by any contractual agreement that the Village Manager may have with the Village. (Ord. 2021-04, 3-9-2021)