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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
TITLE V: WATER SUPPLY
CHAPTER 531 - WATER AND FIRE SERVICE CONNECTIONS
CHAPTER 533 - WATER METERS
CHAPTER 535 - WATER RATES AND BILLINGS
§ 535.01 Definitions
§ 535.02 Division of Metropolitan Area into Zones
§ 535.03 Water Furnished Free for Certain Purposes
§ 535.04 Water Rates
§ 535.041 Fixed Water Charges to Westlake to Cover Costs Associated with Separation from the Cleveland Water System
§ 535.05 Affordability Programs
§ 535.051 Testing and Monitoring Programs; Water Bill Credits
§ 535.06 Fees and Charges
§ 535.07 Conditions for Furnishing Water outside of Cuyahoga County - Repealed
§ 535.08 Competitive Response Water Service Rates
§ 535.09 Assessment and Collection of Water Charges
§ 535.10 Water Billing Cycle
§ 535.11 Reserved
§ 535.12 Extension of Time for Payment
§ 535.13 Payment of Service Charges
§ 535.14 Delinquent Accounts; Rights of Tenants
§ 535.15 New Applications for Water Service; Owner Liability; Deposits
§ 535.16 Termination for Nonpayment of Water or Waste Water Bill; Notice
§ 535.17 Reserved
§ 535.18 Rates for Water Sold Through Master Meters - Repealed
§ 535.19 Reserved
§ 535.20 Payment for Auxiliary Supply
§ 535.21 Charges for Unmetered Fire Protection Service within the City and Direct Service Metropolitan Area
§ 535.22 Disinfection, Chlorination and Flushing of Water Mains
§ 535.23 Restricted Water Mains
§ 535.24 Charges for Water from Fire Hydrants
§ 535.25 Charges for Water for Building and Construction Purposes
§ 535.26 Special Rates
§ 535.27 Use of Fire Hydrants for Construction Purposes
§ 535.28 Annual Fee for Use of Water from Fire Hydrants by Direct Service Municipalities
§ 535.29 Provisions for Charges in Case of Leaks
§ 535.30 Charges for Water Not to be Combined
§ 535.31 Rates when Meter Registers Incorrectly
§ 535.32 Charges when Water is Turned Off - Repealed
§ 535.33 New Application for Water
§ 535.34 Size of Water Mains
§ 535.35 Approval of Water Main Plans within City and Direct Service Metropolitan Area
§ 535.36 Size of Fire Hydrants
§ 535.37 Using Water without Permission, Penalty - Repealed
§ 535.38 Waste of Water
§ 535.39 Unmetered Service; Regulation of Sprinkling
§ 535.40 Unmetered Service; Yard Fountains
§ 535.41 Property Seller to Supply Statement of Status of Water Bill
§ 535.42 Escrow Agent Not to Disburse Funds without Statement
§ 535.43 Rights of Buyer
§ 535.44 Reserved
§ 535.45 Water Use Emergency
§ 535.46 Fees for Returned Checks
§ 535.99 Penalty
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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§ 535.14 Delinquent Accounts; Rights of Tenants
   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)
§ 535.15 New Applications for Water Service; Owner Liability; Deposits
   (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)
§ 535.16 Termination for Nonpayment of Water or Waste Water Bill; Notice
   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)
§ 535.17 Reserved
§ 535.18 Rates for Water Sold Through Master Meters – Repealed
(Ord. No. 778-06, § 3. Passed 6-5-06, eff. 6-9-06)
§ 535.19 Reserved
§ 535.20 Payment for Auxiliary Supply
   (a)   Whenever any premises have their own water supply but in addition service connections extend from the mains in the street into such premises for use only in case of failure or insufficiency of their own supply, the same minimum semi-annual payments shall be made for such service connections as are established by Sections 535.04 and 535.05.
   (b)   Such payments shall be required whether the connection is on or off and shall cease to be required only when and if the connection with the City’s main has been cut and plugged.
(Ord. No. 99566. Passed 5-22-33)
§ 535.21 Charges for Unmetered Fire Protection Service within the City and Direct Service Metropolitan Area
   Water shall be furnished to an unmetered fire protection service connection only for fire protection, testing and maintenance purposes. A charge shall be made for each unmetered fire supply connection within the limits of the City and direct service suburbs. The charge shall be determined by the size of the fire supply connection through which water passes for use on the premises so supplied at the rate for unmetered fire line service under Section 535.06(p) of the Codified Ordinances. Unauthorized water use through unmetered fire protection service connections shall be billed and charged at the additional MCF rate in the applicable service district. Additional penalties and charges based on consumption may be charged for unauthorized uses of an unmetered fire protection service connection.
   Charges shall be collected monthly or quarterly for each fire supply connection to cover inspection, testing, sealing and resealing of such service connections, stand-by pumpage capacity, and replacement or cleaning of distribution or trunk water mains to improve the water supply for fire protection purposes.
(Ord. No. 462-11. Passed 5-23-11, eff. 6-22-11)
§ 535.22 Disinfection, Chlorination and Flushing of Water Mains
   The Director of Public Utilities is authorized to provide for the disinfection of water mains by chlorination or flushing, including sampling. The charges associated with the work shall be under Section 535.06 of the Codified Ordinances.
(Ord. No. 778-06, § 4. Passed 6-5-06, eff. 6-9-06)
   Note: Former Section 535.22 was repealed by Ord. No. 1593-87, passed 9-14-87, eff. 9-18-87.
§ 535.23 Restricted Water Mains
   Whenever the Division of Water installs a water main less than twenty (20) inches in diameter within the corporate limits of a municipal customer, and the main is designated to be a restricted main, the Division of Water shall have the right to restrict the use of the main so that it would not be permitted to be tapped for service connections or connecting water mains. The Division of Water shall have the right to allow service connections to be tapped to the main, and shall have the right to condition the permission on the payment of a tap-in charge representing a fair portion of the Division of Water’s cost of installation of the main.
(Ord. No. 347-08. Passed 6-2-08, eff. 6-6-08)
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