§ 51.079 OWNER’S RESPONSIBILITY FOR WATER USAGE; TENANTS; DELINQUENT CHARGES; LIEN ON PROPERTY.
   (A)   Owner responsible for water charges. All water service provided by the city shall be applied for and provided to only the record title owner of the real property (“owner”) or the owner’s authorized representative served by said water service.
   (B)   Tenant liability. The owner of lessor maintaining rental property connected to the city water distribution system or to the city wastewater collection system shall sign an agreement accepting responsibility for all water and/or wastewater charges to the premises.
   (C)   Access to payment records. All owners shall have access to the payment records of tenants regarding water charges on their premises. Tenants shall pay a deposit of $150. The deposit will be retained as security for the water charges until the service is discontinued.
   (D)   Notification of tenant’s abandonment, termination, eviction. The owner or authorized representative shall immediately inform the utility billing office upon the abandonment of a rental premises, termination of a lease, or eviction of a tenant served by such water or sewer service.
   (E)   Lien for delinquent charges. Water service availability, use and maintenance charges shall constitute a lien upon the real property served by such connections. Water service charges not paid within 60 days from the date due shall constitute delinquent charges. The Safety and Service Director shall once each year certify all unpaid delinquent charges for collection as allowed by law in the same manner as other taxes and assessments. Council shall then, by resolution, certify said delinquent amounts as a lien on real property pursuant to R.C. § 743.04 and cause the same to be delivered to the County Auditor in a timely manner for assessment or collection.
   (F)   Sale of real property. In the event of sale of real property provided with water service by the city, it shall be the responsibility of the grantor to terminate service in grantor’s name, and the responsibility of the grantee to apply for service in grantee’s name for the said property, and both parties shall be liable to the city for unpaid charges accrued after said sale.
   (G)   To run with the land. In addition to all other rights against persons, the water charges accrued hereafter shall run with the land.
   (H)   Recovery. In addition to all other rights against persons, the water charges accrued hereafter shall run with the land and may be recovered by an action in rem.
(1982 Code, § 51.39) (Ord. 1948-9, passed 6-28-1948; Ord. 1974-16, passed 9-5-1974; Ord. 1979-4, passed 4-2-1979; Ord. 1981-16, passed 7-6-1981; Ord. 1996-15, passed 1-6-1996; Ord. 2006-8, passed 10-9-2006; Ord. 2012-2, passed 7-9-2012)
Cross-reference:
   Notice from landlord re tenant leaving premises, see § 51.004