(a) In order to fairly and equitably allocate the costs of, and to provide funds to this Village for the purpose of, operating, maintaining and repairing that System, as well as paying capital costs (including replacement and debt service costs) associated therewith, including the repayment of the loan from the Ohio Public Works Commission obtained for that System, paying other costs of the System, and repaying any advances made or to be made from other funds of this Village for any of those costs of the System, it is necessary to fix fair, just and equitable rates to be charged for the use of the System as follows: a quarterly charge for each property connected to the System equal to the greater of (i) a minimum charge of fifty dollars ($50.00) or (ii) six dollars and fifty-six cents ($6.56) per one hundred cubic feet, or any part thereof, of "metered flow". Any property which would be billed a minimum quarterly charge of fifty dollars ($50.00) but which has not been connected to the System for the entire quarter shall have such minimum quarterly charge of fifty dollars ($50.00) prorated based on the number of days such property was connected during that quarter.
(b) The term "metered flow" means the record of metered water consumption for such property maintained by the City of Cleveland Water Department which provides water service to that property, provided, however, that if, no such water service is provided to that property then the "metered flow" for such property shall be determined (i) by the Engineer based on customary engineering principles and suggested flow guidelines promulgated by the Ohio Environmental Protection Agency or (ii) on the basis of a meter of a type approved by the Engineer for the purpose of measuring such flow to the System and installed and maintained at the sole expense of the entity responsible for such flow. If the Engineer, in his professional judgment, determines that the "metered flow" as described above is not a reasonably accurate measurement of the flow to the System from a particular property, then the Engineer may require the entity responsible for such flow to install and maintain, at that entity's sole expense, a meter for the purpose of measuring such flow, in which case the measurement of that flow by such meter shall constitute the "metered flow" with respect to such property. If any such meters are not located in the public right-of-way, then that entity shall also provide a right of access to the Village and its agents (including any entity retained by the Village to operate the System) thereto, in form and substance satisfactory to the Law Director of this Village.
(c) The Clerk shall arrange for the billing of those quarterly charges and any surcharges provided for in Section 933.08 of this Chapter. Any such charges and surcharges not paid within thirty days of the date of such bill shall have added thereto a penalty equal to ten percent of such unpaid amount. Any change of ownership or occupancy of the property shall not be cause for reducing or eliminating the charges, surcharges or penalties provided for in this Chapter.
(d) All charges, surcharges and any penalties levied pursuant to this Chapter are hereby made a lien upon such property charged therewith and if the same are not paid within ninety days after the same are due and payable, then they shall be certified to the Auditor of Cuyahoga County who shall place the same on the tax duplicate, with interest and penalties allowed by law to be collected as other property taxes are collected. This remedy shall be in addition to all other remedies provided by law.
(e) Furthermore, the Village, to the extent permitted by law and in the event of a failure to pay such charges or surcharges after they become delinquent, shall have the right to cause water service to be discontinued to that property, or to remove or close sewer connections to that property; the expense of such discontinuance, removal or closing, as well as the expense of restoring service, shall likewise be a debt due to the Village and a lien upon the property, recoverable by the Village as permitted by law. Water or sewer service shall not be restored until all charges, surcharges and penalties, including the expense of removal, closing and restoration, have been paid to the Village.
(f) A written application for a refund of charges or surcharges must be filed with the Clerk of this Village within two years of the date that such charges or surcharges were paid by the applicant. The application must state in detail the reason for such claim for a refund and be accompanied by any documentation supporting such claim. If the Clerk denies the claim in whole or in part then the applicant may appeal such decision to the Council of the Village within thirty days of being notified in writing by the Clerk of such denial.
(Ord. 2002-15. Passed 4-9-02.)
(Ord. 2002-15. Passed 4-9-02.)