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Where the account is unpaid by the due date, the Director of Public Utilities may cause a notice of delinquency to be mailed to the account holder. Tenants of a residential premises who have received the notice provided for in Section 535.16 may maintain service to the premises if:
(a) Any or all of the tenants, through a representative acting on behalf of all the tenants, pay a deposit on the account as determined by Section 535.15, and assume responsibility for paying future bills as they become due; or
(b) At least fifty percent (50%) of the tenants:
(1) Deposit the rent when it becomes due with the Clerk of the Municipal Court having jurisdiction over the premises, as provided in RC 5321.07(b)(1); and
(2) Apply to the Court for an order to use the rent deposited to pay the account delinquency as provided in RC 5321.07(b)(2); and
(3) Continue to deposit rent as it becomes due until such time as the account delinquency is removed.
If service to a tenant-occupied residential premises has been terminated pursuant to Section 535.16, such service shall be restored and maintained for such time as the tenants comply with the above procedures. The Director of Public Utilities shall establish such rules and regulations as are necessary to implement this section.
(Ord. No. 284-A-88. Passed 2-6-89, eff. 2-10-89)
(a) Applications for the use of water shall be made and accepted in a manner prescribed by the Director of Public Utilities. All accounts for water service shall be established and maintained in the name of the record title owner of the premises served thereby. Any owner of real estate premises to which water is supplied shall be deemed primarily liable for all water and service charges for such premises, whether or not the premises is occupied by the owner, tenant or other persons, and whether or not the account has been established in the name of some other person or entity. In addition, any user and/or occupant of the premises where water service is provided shall be liable for payment for such services.
(b) The Director of Public Utilities may require a deposit to be placed on an account whenever the account holder:
(1) Does not have an established credit history with the Division of Water;
(2) Has received delinquency or termination of service notices and wishes to avoid such termination;
(3) Has had service terminated for nonpayment;
(4) Is a debtor in a pending case in U.S. Bankruptcy Court;
(5) Refuses to allow employees of the Division of Water to enter upon the premises served for the purposes of meter reading, repairs and/or testing.
The deposit amount shall equal six (6) average monthly bills or two (2) average quarterly bills on that account which shall be calculated based on the previous twelve (12) months’ consumption at the premises served.
(c) Deposits held by the Division of Water shall not be applied to current water or sewer bills. However, a deposit held on an account shall be returned to the depositor if, subsequent to the date of the deposit, twelve (12) consecutive monthly bills or four (4) consecutive quarterly bills are timely paid. If a deposit is held on an account at the time it is closed, the deposit shall be applied to any final amount outstanding, and the balance, if any, shall be returned to the depositor.
(Ord. No. 462-11. Passed 5-23-11, eff. 6-22-11)
Water service may be terminated at any premises where any water or waste water bill remains unpaid after the date payment is due, subject to the following:
(a) The Division of Water shall send to the account holder a notice of termination of service at least fifteen (15) days prior to such termination;
(b) Where the Division of Water has reason to believe that the premises where service is to be terminated is occupied by residential tenants, the Division shall provide at least thirty (30) days' notice to any such tenants by mail or by posting a notice of termination on all accessible building entrances and, where possible, at the door of each dwelling unit. The notice shall inform the tenants of the remedies available to them under Section 535.14 of this chapter.
Except as provided in Section 535.14, water service at a premises terminated for nonpayment shall not be restored until all charges due and payable have been paid, whether or not there has been in the meantime a change of ownership or possession of the premises supplied.
(Ord. No. 565-13. Passed 5-13-13, eff. 5-16-13)
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