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Visitor warns board that shutting municipal water for ordinance fines risks federal due-process claims
Summary
Resident Clare Duran told trustees that court findings can treat municipal water as a federally protected right when it is a household’s only source, warning that cutting service for unpaid ordinance fines could create civil-rights liability; Mayor Morris said he would consult the village attorney.
During the public-comment period visitor Clare Duran asked whether the village has a zoning board and then raised a legal concern about shutting off municipal water for unpaid ordinance violations.
Duran cited judge's language she said arose in prior litigation and warned that "when a person's only water source is a municipal owned service, that person's right to the water source is a federally protected right." She urged the board to consult the village attorney before any future shutoff is used as an enforcement tool. Mayor Morris responded that he would give the matter to the attorney for review.
The board did not take immediate enforcement action at the meeting; Frank and trustees discussed enforcement procedure language and the consultant said he would attempt to incorporate up-to-date legal references in the codification. The board's attorney will be asked to confirm any shutoff procedure included in the final draft.
