CHAPTER 1040
Water
EDITOR'S NOTE: The City contracts with the City of Avon Lake for water service. The City also contracts with the Regional Lorain County Water Authority (RLCWA) for purchase and sale of water on an emergency basis. Copies of the latest relevant legislation may be obtained, at cost, from the Clerk of Council.
1040.01   Rates.
1040.02   Liability of owners and lessees; delinquency; remedies of City.
1040.03   Rules and regulations.
1040.04   Connections; fees; meters.
1040.05   Avon-Sheffield water system connection.
1040.06   Water use bans.
1040.07   Private water lines.
1040.08   Current account status statement.
1040.99   Penalty.
   CROSS REFERENCES
   Water pollution - see Ohio R.C. 715.08, 743.24 et seq.; GEN. OFF. 660.04
   Waterworks mortgage revenue bonds - see Ohio R.C. 715.09 et seq.
   Compulsory water connections - see Ohio R.C. 729.06, 743.23
   Management and control of waterworks - see Ohio R.C. 743.02 et seq., 743.26 et seq.
   Tampering with hydrants, pipes or meters; unauthorized connections - see Ohio R.C. 4933.22
   Prosecutions for theft of utilities - see GEN. OFF. 642.26
   Private utilities in public rights of way - see S.U. & P.S. 1048.01
   Use of City water to fill swimming pools; fees - see B. & H. 1478.11
1040.01 RATES.
   (a)   Commencing with the billing date of February 1 2024, the following monthly rates for all water users in the City are hereby established:
      (1)   2024 Water rates (beginning February 1, 2024).
 
Gallons Used
Charge Per 1,000 Gallons
First 25,000
$5.37
All over 25,000
$4.53
 
      (2)   2025 Water rates (beginning February 1, 2025).
 
Gallons Used
Charge Per 1,000 Gallons
First 25,000
$5.48
All over 25,000
$4.62
 
   There shall be no minimum consumption charge. A service charge of one dollar ($1.00) will be charged per account per month.
   (b)   Effective January 1, 2023, there will be a service charge of thirty dollars ($30.00) for connection of water and thirty dollars ($30.00) for disconnection of water.
   The Director of Finance is hereby authorized and directed to adjust, from time to time, the dollar amount of the water usage rate fixed and established in this division to reflect any increase or decrease in such amount charged to the City of Avon by the City of Avon Lake or any other supplier of water at wholesale for distribution to users in the City of Avon, provided, however, that no such adjustment shall take effect until the Director has filed with the Clerk of Council a notice of the water rate adjustment.
   (c)   The charges set forth in divisions (a) and (b) hereof are minimum charges, not maximum charges, and the City reserves the right and is obligated to increase the same at any time should the revenues of the Municipal waterworks system prove insufficient to pay the operating and maintenance expenses and the debt service charges of the bonds issued to construct such waterworks system.
   (d)   Fireline Rate. The City shall charge the following rate for all fireline and fire suppression systems. In addition to said rate, each account will be charged the monthly service charge set forth in Section (a).
Diameter of the Pipe Supplying the System
Rate/Charge
2"
$2.00 + Current Service Charge
3"
$3.00 + Current Service Charge
4"
$4.00 + Current Service Charge
6"
$6.00 + Current Service Charge
8"
$8.00 + Current Service Charge
10"
$10.00 + Current Service Charge
12"
$12.00 + Current Service Charge
 
(Ord. 352. Passed 4-17-53; Ord. 27-09. Passed 3-9-09; Ord. 105-09. Passed 7-13-09; Ord. 57-14. Passed 5-27-14; Ord. 93-15. Passed 7-13-15; Ord. 67-16. Passed 6-13-16; Ord. 85-16. Passed 7-11-16; Ord. 59-17. Passed 7-3-17; Ord. 60-18. Passed 7-9-18; Ord. 67-19. Passed 7-8- 19; Ord. 63-20. Passed 7-13-20; Ord. 58-21. Passed 8-9-21; Ord. 121-22. Passed 11-14-22; Ord. 2-24. Passed 1-22-24.)
1040.02 LIABILITY OF OWNERS AND LESSEES; DELINQUENCY; REMEDIES OF CITY.
   The owner of any property which is served by the Municipal waterworks system by pipes connected with the system to convey water thereto shall be liable to the City for all water from such system used upon such premises. If a utility charge, i.e., a charge for water, sanitary sewer or stormwater utility, is not paid within 60 days after it becomes due and payable, the City shall mail notice to the owner of the premises, notifying said owner that water service shall be shut off ten days from the date specified in the notice.
   (a)   If water service is disconnected for non-payment of a utility, all delinquencies must be paid in full prior to reconnection, including the charges to turn off the water and to turn the water back on. In the case of a hardship, the Mayor or the Finance Director may authorize service to be continued or restored during the process of collecting delinquent amounts due the City. For good cause shown, the Mayor is hereby authorized to waive delinquencies in amounts up to $2,500 for any property. Council shall have authority to audit these waivers annually.
   (b)   Any accounts that are delinquent may be certified to the County Auditor, who shall then place the same on the tax duplicate of the County, with interest and penalties allowed by law, to be collected as taxes are collected.
   (c)   A notice will be sent to each account owner, via certified mail, return receipt requested, that has a delinquent amount certified to the County Auditor. If the notice is returned unclaimed, undeliverable or refused, the Utilities Department may use any other means of communication to notify the property owner that a delinquent utility amount is being placed on the tax duplicate including notice in a newspaper of general circulation for a period of one week.
   (d)   Any account certified to the County Auditor must include the following information:
      (1)   Name on account/property owner;
      (2)   Address of service;
      (3)   Permanent parcel number;
      (4)   Amount to certify(delinquent amount).
   (e)   After an account has been certified to the County Auditor for collection, the delinquent party must make payment to the County Treasurer’s Office to remove the delinquency from the tax duplicate. This payment must include any administrative service charges added to the tax duplicate by the County.
   (f)   In addition to the procedures set forth herein for the collection of unpaid and delinquent water bills, the City, through the office of the Law Director, may bring a civil action in court against the delinquent party to enforce collection of any unpaid water bill, unless, in the opinion of the Finance Director and Law Director, the costs of such litigation outweighs the benefit.
(Ord. 165-97. Passed 11-10-97; Ord. 107-09. Passed 7-13-09; Ord. 34-19. Passed 5-28-19; Ord. 121-22. Passed 11-14-22.)
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