(a) Generally.
(1) When connections are made to the sanitary sewerage system of the Municipality, a connection charge for the privilege of such connections shall be paid. In addition, a nonparticipant charge and/or a system capacity charge may be applicable, either singly or in combination.
(2) The lots and parcels of land specifically covered by the nonparticipant charges and/or system capacity charges described herein are set forth and delineated on a special map in the office of the Manager, to which reference is hereby made for identification purposes.
(Adopting Ordinance)
(b) Connection Charges; Payment; Proceeds.
(1) Connection charges shall apply to all connections of improved properties, whether residential, commercial, industrial or manufacturing, to the sanitary sewerage system of the Municipality.
(2) Prior to installation of building sewers in the respective sewer districts, all connection charges shall be paid in full or if requested by the property owner and determined to be equitable by Council, provision for payment thereof in installments shall be made pursuant to Ohio R.C. Chapter 729.
(3) (EDITOR'S NOTE: Paragraph (b)(3) was repealed by implication by Ordinance 27 92, passed September 8, 1992. See Section 1040.175.)
(c) Construction Tap In Fees. The construction tap in fee shall be based on and shall be used to pay the local share of the costs of constructing system improvements and shall apply to all properties, whether residential, commercial, industrial or manufacturing where sewers are available.
(d) Capacity Charge. The entire sewer project system has been designed and constructed to account for existing and future connections. The connection design criteria were developed by the Miami Conservancy District as an "equivalent unit," being 280 gpd.
The capacity charge shall be used to reserve capacity and shall apply to all properties, whether residential, commercial, industrial or manufacturing, or to vacant lots or parcels where sewers are available.
(e) Sewer Equalization Charges for Nonparticipant Areas. There is hereby established a sewer equalization charge to be paid by the applicant at the time of his or her application to tap into the sewerage system, when the sewerage system has been installed and paid for by the developer. Of this charge, three hundred dollars ($300.00) shall be paid to the Miami Conservancy District and the remainder shall be paid into the Sewer fund of the Municipality.
(1) When connecting to a sewerage system, owners of improved property, whether residential, commercial, industrial or manufacturing, unless otherwise indicated, shall have to pay a sewer equalization charge (nonparticipant) in addition to the applicable connection permit charge and, if applicable, a street cut permit.
(2) All sewer equalization charges shall be paid in full before any connection permit is issued.
(f) User Charge and Construction Charges.
(1) The following rates and charges of rents, which are hereby determined to be just and equitable, are hereby established. Such charges shall be paid to the Municipality, for the use of sanitary sewerage services, by every person whose premises are served by a connection thereto, as provided by Ohio R.C. 729.49. Such charges shall consist of the aggregate of the following two components, payable monthly, such charges to commence as of March 1, 1985, to be due and billed May 1, 1985:
User charge (See Section 1040.10(b).)
Construction charge $27.59
However, for any property for which a person pays all of the sum calculated to be due and payable as the charge for the type of connection required for such property, the construction charge shall be deemed to be fully paid and such property shall be exempt from the construction charge. Further, for any property for which a person pays part of the sum calculated to be due and payable as the charge for the type of connection required for such property, the principal amount due on the construction charge shall be reduced to the extent of the payment. Such total or partial exemption from the construction charge shall apply only to the property for which payment was made, and such exemption shall be said to run with the land and shall apply to subsequent owners thereof. As evidence of such exemption, the Municipality shall issue to any person who pays the proper amount for an exemption a certificate of exemption from the construction charge of the sanitary sewer rate, signed by the Mayor and the Director of Finance, notarized and describing the property to which the partial or total exemption applies and the amount of such exemption. Such certificate may be recorded, at the cost of the person receiving it, at the office of the County Recorder, and such certificate or a recorded copy thereof must be presented to the appropriate official of the Municipality by any person claiming an exemption from the construction charge.
(Ord. 9-87. Passed 3-9-87.)
(2) The user charge shall at all times generate revenues equal to 110 percent over the actual yearly requirements for operating and maintenance expenses of the system. If at any time such revenues drop below such ratio, an adjustment in the user charge shall automatically be made in such an amount as to restore the 110 percent coverage, provided that Council shall have the right to veto such rate adjustment within sixty days of its effective date, after first holding a public meeting on the question of the rate adjustment. Notice of such meeting shall be published at least once in a newspaper of general circulation in the Municipality not less than seven days prior to such meeting. Any excess funds collected shall be set aside and used for operation, maintenance and repair of the system.
(Ord. 25-97. Passed 12-10-97.)
(3) For purposes of this section:
A. The user charge shall be based on and shall be used to pay the actual operation and maintenance costs of the sanitary sewerage system of the Municipality.
B. The construction charge shall be based on and shall be used to pay the local share of the costs of constructing system improvements.
(g) Delinquency Surcharge. The user charge and/or construction charge shall be due and payable on the date of rendition thereof. If such charges are not paid by the tenth of the following month, a ten percent surcharge shall be added to the amount of the charges.
(Ord. 9-87. Passed 3-9-87.)