As used in this chapter:
(a) “Metropolitan area” means the territory within and without the limits of the City of Cleveland to which water is supplied by the Division of Water.
(b) “Zone” means that part of the metropolitan area which, for convenience in reading water meters and rendering water bills, may be so designated by the Director of Public Utilities.
(c) “Low service district” means that part of the metropolitan area which has an elevation above the level of Lake Erie and not exceeding one hundred twenty (120) feet above City datum.
(d) “First high service district” means that part of the metropolitan area which has an elevation of more than one hundred twenty (120) feet and not more than two hundred fifty (250) feet above the City datum.
(e) “Second high service district” means that part of the metropolitan area which has an elevation of more than two hundred fifty (250) feet and not more than five hundred (500) feet above the City datum.
(f) “Third high service district” means that part of the metropolitan area which has an elevation of more than five hundred (500) feet above the City datum.
(g) “Water supply” means water furnished into pipes connected with premises on which the water may be used, but regardless of the amount of water, if any, which may be actually used on the premises. “Water used” means the water taken on the premises from the water supply installed for that purpose, irrespective of the manner in which the water may be disposed of.
(h) “Premises supplied with water” means a lot of land with or without buildings or other structures standing thereon, used as one (1) plant, place of business, residence or other single purpose, to which water has been supplied, ready for use, but shall not include more than one (1) plant or place of business, residence or location used for a single purpose, although the same may be owned, used or controlled by one (1) owner.
(i) “Customer” means any person, partnership, corporation or association to whom or upon whose request water is supplied, including the premises so supplied with water.
(j) “City Water Department” means the Division of Water of the Department of Public Utilities of the City.
(k) “Director” means the Director of Public Utilities.
(l) “Commissioner” means the Commissioner of Water.
(m) “Homestead” means a dwelling or unit in a multiple-unit dwelling or condominium which has a separate water connection and is owned and occupied as a home by an individual.
(n) “Sixty-five (65) years of age or older” means a person who has attained age sixty-four (64) prior to January 1 of the year of application for the homestead rate.
(o) “Total income” means the adjusted gross income of the owner and the owner’s spouse for the year preceding the year in which application for the homestead rate is made, as determined under the “Internal Revenue Code of 1954,” 68A Stat. 3, 26 U.S.C. 1, as amended, minus the amount of disability benefits included in adjusted gross income but not to exceed fifty-two hundred dollars ($5,200.00), plus old age and survivors benefits received pursuant to the “Social Security Act”; retirement, pension, annuity, or other retirement payments or benefits not included in federal adjusted gross income; tier I and tier II railroad retirement benefits received pursuant to the “Railroad Retirement Act,” 50 Stat. 307, 45 U.S.C. 228; and interest on federal, state, and local government obligations. Disability benefits paid by the veterans’ administration or a branch of the armed forces of the United States on account of an injury or disability shall not be included in total income. For purposes of computing total income, “old age and survivors benefits received pursuant to the “Social Security Act”’ or “tier I railroad retirement benefits received pursuant to the “Railroad Retirement Act”’ means:
(1) For those persons receiving the homestead property tax exemption for the first time for tax years 1976 and earlier, the benefits payable under the social security or railroad retirement laws in effect on December 31, 1975, except in those cases where a change in social security or railroad retirement benefits would result in a reduction of income;
(2) For those persons receiving the homestead property tax exemption for the first time for tax years 1977 and thereafter, the benefits payable under the social security or railroad retirement laws in effect on the last day of the calendar year prior to the year for which the homestead exemption is first received, except in those cases where a change in social security or railroad retirement benefits results in a reduction in income.
(p) “Permanently and totally disabled” means a person who has, on January 1 of the year of application for the homestead rate, some impairment in body or mind that makes him or her unfit to work at any substantially remunerative employment which he or she is reasonably able to perform and which will with reasonable probability, continue for an indefinite period of at least twelve (12) months without any present indication of recovery therefrom or has been certified as permanently and totally disabled by a state or federal agency having the function of so classifying a person. An application for reduction based upon a physical disability shall be accompanied by a certificate signed by a physician, and an application based upon a mental disability shall be accompanied by a certificate signed by a physician or psychologist licensed to practice in Ohio, attesting to the fact that the applicant is permanently and totally disabled.
(q) “Owner” includes a vendor in possession under a purchase agreement or a land contract, a mortgagor, one (1) or more joint tenants with rights of survivorship and tenants in common.
(Ord. No. 1974-89. Passed 9-11-89, eff. 9-15-89)