(a) It is the policy of the City to charge a surcharge to any person, firm or corporation using more than the amount of water allowed under the terms of this section during any period or periods when the Mayor determines in his discretion that a water emergency exists by reason of insufficient or inadequate water supply or pressure exists to provide safe and adequate water service to the City or any portions thereof, after voluntary requests to reduce water consumption or prohibition of non-essential water use have failed to eliminate or appreciably reduce the problem or appear to an inadequate response to a severe water problem, if such voluntary request or prohibition is possible in view of the extent of water supply or pressure.
(b) The Mayor is hereby authorized to declare a water emergency to exist when a shortage of water available for the customers in the City or insufficient pressure exists within the public water supply system upon adoption of an approving resolution by Council. Upon the declaration of such emergency by the Mayor, he is authorized to place into effect the provisions of this section until such time as the Mayor or Council determines that the emergency is terminated.
(c) During any period or periods of water emergency as declared to exist pursuant to the terms of this section, each water customer shall be allowed an amount of water per month calculated as follows:
(1) Residential customers using over 300 cubic feet per month: Eighty percent (80%) of the water used by the customer during the same month of the preceding year when such water emergency was not in effect. In the event that the customer was not a customer of the Galion water supply during the same month of the preceding year, then quantity allowed shall be calculated upon the basis of 700 cubic feet.
(2) Multiple family buildings served by one meter: The total allowed for all persons served by the meter shall be eighty percent (80%) of the water flow through the meter during the same month of the preceding year when such water emergency was not in effect.
(3) Business and industries. The amounts allowed shall be eighty percent (80%) of the amount used by the same business or industry in the same month of the preceding year. This requirement shall not apply to any business which established to the satisfaction of the Mayor that it has experienced a substantial change affecting water usage since the month used as a basis of measurement of year earlier, in which case the amount allowed shall be determined by the Mayor taking into account the nature and extent of such changes.
(d) In addition to the amount due under the water rates in effect for water consumed, the following surcharges shall be charged for any water used by any customer over the amounts allowed by this section: The amount of ten dollars ($10.00) for the first 100 cubic feet; fifteen dollars ($15.00) for the second 100 cubic feet; and twenty dollars ($20.00) for each 100 cubic feet over the initial 200 cubic feet subject to the surcharge. Fractional amounts of less than 100 cubic feet shall be prorated.
(e) In the event that the situation of any water customer is such that the amount of water allowed for the customer pursuant to the terms of this section without the imposition of the surcharge is unreasonable due to unusual or extenuating circumstances, then the customer may appeal the surcharge placed upon any monthly bill to the Council Water Review Committee, such committee shall consist of the three members of the Laws and Ordinances Committee and an alternate appointed by the Laws and Ordinances Committee, plus three citizens appointed by the Mayor, and shall serve upon all surcharge appeals filed during any water emergency. An appeal shall be filed by a water customer by mailing or delivering a letter requesting an appeal to the Committee at the City Building 301 Harding Way East, Galion, Ohio 44833. Upon receipt of the notice of the appeal, the Water Review Committee shall notify the water customer of the time and place for a hearing upon such appeal. Following the hearing, the Committee shall either approve the original surcharge or make such adjustment as it determines to be reasonable under the circumstances. The filing of such appeal by the water customer shall not excuse the payment of such penalty surcharge when due as initially billed, and in the event that the Water Review Committee makes an adjustment, then a credit shall appear on the next water bill of the customer after such decision has been made.
(f) After deducting all costs attributable to administering and collecting the surcharges provided for in this section, the balance of moneys collected shall be placed in a special water fund to be spent solely for the investigation and implementation of methods and measures intended to increase the capacity of the public water supply and the continued availability of water services to the customers of the system.
(g) The amount of the surcharge shall be added to the customer's monthly water bill until paid, and if not promptly paid when due, the City of Galion may proceed with the termination or shut-off of such customer's water service pursuant to existing provisions relating thereto or the Law Director may file a court action to collect any surcharge provided for and imposed in accordance with this section.
(h) The Mayor shall provide public information at the time the provisions of this section are imposed and in effect, including the following: press releases to all local news media, public service announcements offered to radio, television and cable television stations, and pamphlets or flyers included with water bills or otherwise delivered to water customers.
(Ord. 88-5725. Passed 11-22-88.)