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Cleveland Overview
Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
TITLE I: STREET AND SIDEWALK AREAS
TITLE III: ELECTRICITY
CHAPTER 521 - WIRES AND CABLES
CHAPTER 523 - RULES AND RATES
§ 523.01 Provisions for Sale of Electricity
§ 523.02 Residential Rate Schedule
§ 523.021 Residential Incentive Rate Schedule - Repealed
§ 523.03 Small Commercial Rate Schedule
§ 523.04 Large Commercial Rate Schedules
§ 523.043 Small Industrial Rate Schedules
§ 523.047 Large Industrial Rate Schedules
§ 523.048 Optional Large Industrial Rate Schedule
§ 523.049 Capacity Enhancement Incentive Rate Schedules
§ 523.0491 Commercially Contracted Alternative Rate Schedules
§ 523.05 Street Lighting Schedules
§ 523.06 Protective Lighting Schedules
§ 523.061 Charge for Outdoor Residential Lighting
§ 523.062 Homestead Discount for Outdoor Residential Lighting
§ 523.065 Traffic Signal Service Rate Schedules
§ 523.066 Security Equipment Rate Schedule
§ 523.067 Small Wireless Facility Rate Schedule
§ 523.07 Regulations for Applicants for Electrical Service
§ 523.08 Provisions Governing Advance Deposits
§ 523.09 Accounting System
§ 523.10 Statements for Service Supplied
§ 523.11 Delinquent Accounts
§ 523.115 Cleveland Public Power Arbitration Panel
§ 523.12 Special Charges
§ 523.13 Access to Consumer’s Property
§ 523.14 Changes of Electrical Service
§ 523.15 Provisions Governing Electrical Construction and Apparatus
§ 523.16 Faulty Meters
§ 523.17 Environmental and Ecological Adjustment
§ 523.18 Liability for Damages
§ 523.19 Electric Service Agreement
§ 523.195 Electrical Service Agreements with Government and Charitable Entities
§ 523.196 Electric Service Agreements with Commercial Customers
§ 523.20 Refusal of Electrical Service
§ 523.21 Power Supply Recovery
§ 523.215 Customer Information
§ 523.22 Further Rules and Regulations
§ 523.23 Pole and Anchor Attachments; Fee
§ 523.24 Electric Service Policy
§ 523.25 Interconnection Service for Distributed Generation
§ 523.251 CEI Lawsuit Surcharge; Amount - Repealed
§ 523.26 Net Metering Service
§ 523.27 Effect of Rates Assessed by the Division of Public Power
§ 523.28 Charges for Work Provided
§ 523.29 Extension of Time for Payment
TITLE V: WATER SUPPLY
TITLE VII: SEWERS AND SEWAGE DISPOSAL
TITLE IX: MUNICIPAL SERVICES
TITLE XI: PORT CONTROL
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 523.11 Delinquent Accounts
   (a)   If a statement rendered to a consumer is not paid on or before the due date stated thereon, the consumer’s account shall be termed “delinquent” and shall be subject to discontinuation of service.
   (b)   The Division of Cleveland Public Power shall give notice to the consumer prior to termination of service. The first notice shall be sent by first class mail at least ten (10) calendar days prior to the date after which termination could occur. If the Division receives no response from the consumer within five (5) days after the date of mailing of the first notice, then a second notice shall be sent by first class mail, or personal contact shall be made with an adult on the premises (telephone or physical visitation). All notices shall be provided to the account name and address and, if different, to the address where service is provided, as well as any other party previously designated by a residential customer to receive a copy of a termination notice. The termination notice shall be provided to residential customers in alternate languages where appropriate.
   (c)   When terminating service to elderly or handicapped residential customers, the Division’s final notice shall be by personal contact with an adult on the premises (telephone or physical visitation). If personal contact cannot be made, the notice of termination shall be posted in a conspicuous location at the service address at least forty-eight (48) hours (two (2) working days) before the date after which termination could occur.
   For the purpose of this section, “elderly” means any residential customer, sixty-two (62) years of age or older, who resides at the service address and who has notified the Division of his or her status. For the purpose of this section, “handicapped” means any residential customer who resides at the service address and has any physical or mental impairment which substantially limits one (1) or more of such person’s life activities, and such person:
      (1)   Is certified as being physically disabled by a licensed physician; or
      (2)   Is certified as being mentally disabled by a licensed psychiatrist, registered psychologist, Veterans Administration, Social Security Administration or local board of health; and
      (3)   Has notified the Division of his or her status.
   (d)   Tenants who pay for electric service as part of their rent in master-metered buildings, shall be individually notified, when practical, of any proposed termination. Tenants shall be collectively notified by posting a termination notice in a conspicuous location, such as near mailboxes, building entrances and exits or other areas of common usage. Tenants may collectively pay the delinquent amount in order to avoid termination of service.
   (e)   A notice of termination of service shall include the following information:
      (1)   The name, address and account number of the customer to be terminated;
      (2)   A statement of the reasons for termination;
      (3)   The date after which the termination could occur;
      (4)   The charge for service reconnection;
      (5)   A statement that the consumer has the right to appear before a Arbitration Panel to present objections and to examine all data related to his or her account; and
      (6)   In cases where termination is based on failure to pay, the amount owed, the time period over which the amount was incurred and whether the amount was based on actual meter readings or on an estimated consumption.
   (f)   The Division shall determine when termination of service to a customer would be especially dangerous to health because of extreme environmental conditions or because a residential customer or party residing at the customer’s address has provided the Division with certification by a licensed physician that he or she is likely to become seriously ill or more seriously ill if such service is terminated. The Division shall not terminate service during the time any such condition exists, provided that the customer furnishes sufficient information to the Division’s customer service representative to establish, to the satisfaction of the Division, that:
      (1)   He or she is unable to pay for such service; or
      (2)   He or she is able to pay for such service but only in installments.
   Upon establishment of the customer's eligibility for relief under this section, the Division shall refrain from terminating service so long as the conditions established prevail. The Division may, from time to time, require recertification of serious illness, if applicable. The Division shall make arrangements with the customer for the payment of delinquent bills in installments, taking into consideration the amount of money owed, the customer's ability to pay, the customer's payment history, the time that the debt has been outstanding, the reasons why the debt has been outstanding and any other relevant factor. If a customer does not meet the requirements of such installment plan, service shall be subject to termination upon notice given after such failure to pay, in accordance with divisions (a) through (c) hereof.
   (g)   All disputes regarding any of the provisions of Chapter 523 or rates charged thereunder shall be arbitrated before a Cleveland Public Power Arbitration Panel as set forth in Section 523.115.
(Ord. No. 957-2024. Passed 11-4-24, eff. 11-6-24)
§ 523.115 Cleveland Public Power Arbitration Panel
   (a)   The Cleveland Public Power Arbitration Panel shall consist of three (3) individuals. Two (2) shall be selected by the Director of Public Utilities and serve at the Director's discretion. One (1) shall be selected by the Council President and serve at the Council President's discretion.
      (1)   The two (2) individuals appointed by the Director shall be impartial, in that neither the person who approved the act or omission under review, nor that person's subordinates, shall participate in the matter; be knowledgeable about the operations and procedures of Cleveland Public Power; and be available to perform all of their duties in connection with the Arbitration Panel in a timely manner.
      (2)   The appointed Council Member must recuse themselves from hearing, reviewing, or making any determination for a dispute, claim, or complaint involving a resident or business owner of their Ward and be available to perform all of their duties in connection with the Arbitration Panel in a timely manner.
   (b)   The Arbitration Panel has the exclusive authority to review all disputes under this Chapter and to make determinations with regard to the matters presented to it. These determinations shall be binding on the City and the petitioning customer, except that the Commissioner shall have the authority to order that electric service not be terminated.
   The Arbitration Panel shall have the authority to reduce amounts claimed due by Cleveland Public Power and the authority to defer payments of amounts it finds due and owing.
   (c)   The Arbitration Panel may prescribe installment plans for payment of amounts due and owing, and shall prescribe such a plan for any amount found due and owing when part or all of such amount is based on a meter reading reflecting a greater usage in a billing cycle than the estimated or average usage for previous billing cycles, and where the customer is deemed unable to pay upon demand.
   (d)   The Director of Public Utilities shall convene an Arbitration Panel upon request of the customer in accordance with the rules and regulations established by the Director.
   (e)   The Director of Public Utilities shall adopt rules and regulations governing procedures for applications, notice, hearing and determination of disputes submitted to the Arbitration Panel.
(Ord. No. 472-2022. Passed 5-23-22, eff. 5-25-22)
§ 523.12 Special Charges
   (a)   Penalty for Late Payments.
 
Service
Charge
Penalty for late payment of large commercial, small industrial, large industrial, street lighting and traffic signal invoices
1.5% per month on unpaid balance
 
   (b)   Disconnect/Reconnect at Meter or Pole/Service Fee.
 
Service
Charge
Reconnect at Meter Fee - First Trip within a rolling 12 month period
$8.00
Reconnect at Meter Fee - Second trip within a rolling 12 month period and trips thereafter
$35.00
Reconnect at Meter Fee - Customer Reconnection-Faulty Meter Investigation
$35.00
Disconnect/Reconnect at Pole Fee - Per Trip
$232.00
Disconnect/Reconnect at Pole Fee - Per Trip after working hours
$310.00
 
   (c)   Temporary Service.
 
Service
Charge
Temporary Electric Service
Actual cost
($120.00 min.)
 
   (d)   Refasten/Relocate Facilities.
 
Service
Charge
Loosen/Refasten Service Pipe After Construction
Actual cost
($80.00 min.)
 
   (e)   Meter Test.
 
Service
Charge
Meter Test at Customer Request
$84.00
 
   (f)   Repeat Trip/Broken Appointment.
 
Service
Charge
Repeat Trip/Broken Appointment (within 24 hours of appointment time)
$80.00
 
   (g)   Special Service Calls.
 
Service
Charge
Special Service Calls
$80.00
 
   (h)   Investigation Fee .
 
Service
Charge
Investigation Fee
$175
 
   (i)   For purposes not named in the foregoing sections, or for the use of power under special circumstances, special rates shall be established by the Commissioner of the Division of Cleveland Public Power.
(Ord. No. 957-2024. Passed 11-4-24, eff. 11-6-24) (BOC Res. No. 639-24. Adopted 12-18-24)
§ 523.13 Access to Consumer’s Property
   Representatives of the Division of Cleveland Public Power shall have access at all reasonable times, to all electrical equipment, appliances, etc., belonging to or owned by the Division erected upon the consumer's premises.
(Ord. No. 472-2022. Passed 5-23-22, eff. 5-25-22)
§ 523.14 Changes of Electrical Service
   Notice of intention to make any material change in the connected electrical load shall be made to the office of the Division of Cleveland Public Power at least ten (10) days prior to the date of such change. In the absence of such notice, the consumer making the change shall be responsible for any damages to transformers, meters or other equipment belonging to or owned by the Division. Material changes in the connected electrical load may not be made without approval of the Division.
(Ord. No. 472-2022. Passed 5-23-22, eff. 5-25-22)
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