921.05A MANDATORY CONNECTION.
   (1)   Existing Structures. All buildings and homes located within the Corporation Limits of the Village of Cardington, Ohio must be connected to the Village water system. This legislation is enacted as a sanitary regulation.
   (2)   Exclusion; Access. The only exclusions to the mandatory connection rule will be:
      A.   Those homes that currently do not have access to a water main. “Access” is defined as a building or home that is within 200 feet from its foundation to a water main. However, once a water main is located within 200 feet of the foundation of the home or building then the exclusion will terminate immediately, and
      B.   All existing homes, as of the date of this legislation, that utilize private water wells for their potable water purposes. However, with respect to existing homes that utilize private water wells for their potable water purposes, when the home is sold or rented out, the new property owners must connect to the Village’s water system.
   (3)   Responsibility for Connections. The mandatory connection will be the responsibility of the owner or owners of the home or building. The term “owner” for the purpose of this section will include, by way of example but not by limitation, individuals, partnerships, corporations, holding companies, tenants in common, those who hold realty as life estate and the remaindermen, land-lords and absentee landlords.
   (4)   New Construction. No building permit will be issued until water (and sewer, if applicable) tap fees have been paid in full. These fees will maintain a reasonable relationship to the actual cost of the water (and sewer) taps.
   (5)   Annexation. Any building or home that is in an area that is annexed to the Village of Cardington and has access to a water main as defined in subsection (2) hereof will have two years from the effective date of annexation to connect to the Village water system.
   (6)   Notice. Notice to the owner or owners for connection to the water mains will be made in writing. The notice will be served by the Village Administrator, or a person designated by the Village Administrator, upon the owners of the home or building to which connections are to be made in the same manner as service of summons in civil cases, or by certified mail addressed to such owner at his last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If the owner or owners cannot be found then service will be made by publication in accord with the Ohio Rules of Civil Procedure. The return of the person serving the notice or a certified copy thereof or a return receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for him shall be prima-facie evidence of the service of notice under this chapter.
   (7)   Enforcement. If the connections are not installed within thirty days from the date of service of notice, the work may be done by the municipal corporation and the cost thereof together with a forfeiture of five percent, assessed against the real estate for which such connections are made.
(Ord. 2013-22. Passed 4-15-13.)