TITLE FOUR: UTILITIES
Section
1040.01 Extension of service to nonresidents.
1040.02 Nonpayment of charges; shut-off of service.
1040.03 Security deposits.
CROSS REFERENCES
Power to furnish light, power and heat - see Ohio R.C. 715.06, 717.01
Compulsory sewer connections - see Ohio R.C. 729.06
Gas, electric and water companies - see Ohio R.C. Ch. 4933
Theft of utilities - see GEN. OFF. 672.06
Municipal utility cuts - see S.U. & P.S. 1020.07
Utilities in subdivisions - see P. & Z. 1250.24
(a) Annexation policy. The long standing policy of the municipality, as the same has been periodically expressed by way of motion and otherwise in the minutes of the Council and other agencies of the municipal government, requiring land contiguous or adjacent to the municipality to be annexed to the municipality in order to be provided with municipal utility services, shall be and hereby is reaffirmed.
(b) Limitation to surplus utilities. Only surplus utilities may be distributed outside the corporate limits of the municipality.
(c) Electric service. Electric service may be distributed outside the corporate limits at the discretion of the Manager at the prevailing rate as charged within the corporate limits.
(d) Sanitary sewer and water service.
(1) All sanitary sewer and water service rates outside the corporate limits shall be at a rate of 50% over the prevailing rate charged within the corporate limits.
(2) Application of sanitary sewer and/or water service:
A. By resident freeholder. Whenever an owner of real estate, which is located outside the corporate limits and is so located that it should become a part of the municipality, makes a binding commitment by a signed agreement on behalf of himself or herself and subsequent owners, whereby it is agreed that he or she or his or her successor sign any petition or other document necessary to procure annexation of such real estate and do all other things necessary and proper to bring about annexation of his or her land, then the Manager shall report such fact, and his or her recommendation, to Council for its consideration as to whether or not water service and/or sewer service shall be furnished to such owner.
B. By nonresident freeholder.
1. An owner of real estate, which is located outside the corporation limits and is so located that such real estate should become a part of the municipality, may request an extension of water service upon the condition that the owner and/or developer thereof provides for annexation by means of a covenant placed in the chain of title of the real estate to be served so that all subsequent resident freeholders upon purchase of such real estate from the owner and/or developer are required to consent to and to undertake annexation proceedings. Such covenant shall include a statement as to the benefitted party and specify who may enforce the provisions thereof and shall otherwise provide as follows:
“The Grantee, by the acceptance of this Deed, and as a further part of the consideration therefor, for himself or herself, his or her heirs, executors, administrators, successors and assigns, hereby irrevocably consents to the annexation of the property herein conveyed to the Municipality of Columbiana, State of Ohio, and further binds himself or herself to join in any proceedings to effect any such annexation and agrees that such Agreement shall be a covenant running with the land and shall be binding upon such grantee, his or her heirs, executors, administrators and assigns.”
2. The recorded plat must be presented to Council showing evidence that the covenant as above stated has been recorded with such plat.
(e) Adjoining property. All lands that abut and adjoin any proposed utility must sign and become subject to this section before utilities can be made available to such property.
(f) Cost of construction. The cost of construction of any sewer and/or water utility line outside the corporate limits shall be paid by the person or persons requesting the utility, and the size and type, along with the design and plan, must be approved by the Manager and shall be at least minimum municipality size and standards. No water main shall be less than six inches and no sanitary sewer shall be less than eight inches, all subject to provisions of the subdivision regulations.
(Ord. 1672, passed 4-1-1969; Ord. 75-O-197, passed 11-18-1975; Res. 91-R-121, passed 7-16-1991)
(a) Water and sewers.
(1) If any user of the municipality water, storm sewer and/or sanitary sewerage facilities fails or refuses to pay the charges for the same on or before the due date appearing on the billing statement, then a written notice may be sent to such user advising such user that the water service to such user’s premises shall be shut off on or after the tenth day following the date appearing upon such written notice unless all water and sewer charges owed by such user are paid current, together with any penalties due and owing, within such ten days.
(2) If such charges, together with any penalties due and owing, are not paid in full within such ten days, such user’s water service shall be shut off accordingly.
(3) If such user wishes to appeal to the municipality to reconsider a pending shut off of such user’s water service, such user shall, within such ten days, present his or her appeal, in writing, to the Manager, who shall review the same and decide whether or not the shut off determination shall be modified in any manner or form.
(4) If such user’s water service is shut off pursuant to this section, a charge of twenty-five dollars ($25.00) shall be assessed by the municipality for the reconnection of such service, and such reconnection charges, together with any and all current billing charges, including penalties due and owing thereon, shall be paid prior to the reconnection of such service.
(b) Electricity.
(1) If any user of electricity supplied by the municipality fails or refuses to pay the charges for the same on or before the due date appearing on the billing statement, then a written notice may be sent to such user advising such user that the electric service to such user’s premises shall be shut off on or after the tenth day following the date appearing upon such written notice unless all electric charges owed by such user are paid current, together with any penalties due and owing, within such ten days.
(2) If such charges, together with any penalties due and owing, are not paid in full within such ten days, such user’s electric service shall be shut off accordingly.
(3) If such user wishes to appeal to the municipality to reconsider a pending shut off of such user’s electric service, such user shall, within such ten days, present his or her appeal, in writing, to the Manager, who shall review the same and decide whether or not the shut off determination shall be modified in any manner or form.
(4) If such user’s electric service is shut off pursuant to this section, a charge of twenty-five dollars ($25.00) shall be assessed by the municipality for the reconnection of such service, and such reconnection charges, together with any and all current billing charges, including penalties due and owing thereon, shall be paid prior to the reconnection of such service.
(c) Enforcement. The Manager is hereby authorized to take whatever steps may be necessary to carry out the intent and purpose of this section.
(d) User defined. “User,” as used in this section, means the party having an interest in the premises serviced by the subject utilities as owner, part owner, landlord or tenant in whose name the subject utility meter is registered by the municipality.
(Ord. 82-O-624, passed 7-20-1982; Ord. 02-O-1957, passed 7-16-2002; Ord. 09-O-2548, passed 11-17-2009)
(a) The amount charged for a security deposit for electric service to a residence shall be seventy-five dollars ($75.00).
(b) The amount charged for a security deposit for water service to a residence shall be sixty dollars ($60.00).
(c) Upon proof of ownership of property, such fees may be waived upon the signing of a contract to guarantee payment by the owner thereof.
(d) A renter’s deposits may be waived by the signature of the owner to guarantee the payment of utility bills.
(e) The Manager shall be and hereby is authorized to take whatever steps may be necessary to carry out the intent and purpose of this section.
(Ord. 81-O-589, passed 12-15-1981; Ord. 02-O-1957, passed 7-16-2002)