(EDITOR'S NOTE: Chapter 940, previously a codification of Ordinance 77-80, passed June 6, 1977, was re-enacted in its entirety by Ordinance 91-114, passed June 3, 1991.)
940.01 Assessment of charges; remedy of City for nonpayment.
940.02 Transfers of property; payment of final utility bills.
940.03 Rights of purchaser.
940.99 Penalty.
CROSS REFERENCES
Sewer charges - see S.U. & P.S. Ch. 937
Water rates - see S.U. & P.S. Ch. 939
Refuse collection rates - see S.U. & P.S. 955.14
(a) All charges for water usage, as provided in Chapter 939, all sewer charges, as provided in Chapter 937, and all charges for sanitation services, as provided in Chapter 959, are assessed against the property to which the service is rendered and are a lien against said property, collectible the same as other liens and taxes. Transfer of ownership of property connected to the public water system and sanitary sewer system, and subject to sanitation charges of the City, shall not relieve the property of responsibility for charges assessed against the property.
(b) Any City utility account established and maintained in the name of a tenant, lessee or other person or party for water, sanitary sewer and sanitation services provided to the premises shall not relieve the property or the owner of the property for liability for water charges, sanitary sewer charges and sanitation charges. After a tenant, lessee or other person or party for whom a utility account has been established, is delinquent in the payment of a City utility account for a period of sixty days, the Division of Utilities shall notify the owner of the property of the delinquency by forwarding a statement by ordinary U.S. mail to the tax mailing address of the owner of the property as listed by the Lorain County Treasurer, and/or to the address of the property. Thirty days after said notification to the owner of the premises, the delinquency for the water, sewer and sanitation charges shall be certified as provided in subsection (c) hereof.
(c) If water, sanitary sewer and sanitation charges for a premises have not been paid within ninety days after they are due and payable, then the Superintendent of Utilities of the City may do either or both of the following:
(1) Certify said charges, together with the interest and penalties allowed by law, to the Lorain County Auditor pursuant to Ohio R.C. 743.04, to be placed on the tax list and duplicate for the property for which such water charges, sanitary sewer charges and sanitation charges were rendered.
(2) Collect the charges by an action at law in the name of the City from an owner, tenant or other person who is liable to pay the rents or charges.
(Ord. 91-114. Passed 6-3-91.)
(a) No person, agent, firm or corporation shall sell, convey, exchange or otherwise transfer, by deed, lease, land contract or otherwise, any interest in any real property located within the corporate limits of the City, which is supplied with water, sanitary sewer, sanitation and/or storm water services by the City, without first furnishing to purchaser or duly assigned escrow agent proof of payment of the final bill for such services. If such final bill has not been paid or proof of payment is not readily available, seven hundred and fifty dollars ($750.00) shall be held in escrow until such proof of payment has been furnished to the escrow agent.
(b) Any party to a sale, exchange, conveyance or transfer of property, or any such party's agent, may request the Division of Utilities to read the meter at that property and to render, within ten days following the date of the request, a final bill for all outstanding water, sanitary sewer and sanitation charges. Such request shall be made at least fourteen days prior to the transfer of the title of said property. For storm water service charges, the escrow agent shall prorate the bill based on the percentage of time each owner owns the property during the current billing cycle.
(c) No person, agent, firm or corporation acting in the capacity of escrow agent in any real estate transaction involving the sale of any real property or interest therein located within the corporate limits of the City, which is serviced or supplied with water, sanitary sewer, sanitation and/or storm water services by the City, shall disburse any funds until the provisions of subsections (a) hereof have been complied therewith.
(Ord. 2016-121. Passed 10-3-16.)
The provisions of this chapter shall not bar or prejudice the rights a purchaser may have against the prior owner of property for reimbursement of any charges, as provided herein, incurred prior to the transfer of title to the property, or any other rights that a purchaser may have against the prior owner of the property, subject to the provisions of this chapter.
(Ord. 91-114. Passed 6-3-91.)
Any person, agent, firm or corporation, including, but not limited to, escrow agents, violating the provisions of Section 940.02, shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000).
(Ord. 91-114. Passed 6-3-91.)