941.01 PURPOSE; DEFINITIONS.

(a) Purpose. The following regulations as adopted by the Director of Public Service are published for the information and guidance of all users of the public water supply of Mansfield, Ohio and are a part of the contract between the Division of Water and each user and the owner of premises where water is furnished.

(b) Definitions. The following definitions shall apply throughout these rules and regulations:

(1) "Customer" means any person or entity who is a landowner or deed holder of property who enters into a contractual agreement with the City to receive or pay for water service to a premises, provided by the City. Customers may, but need not be, consumers of the services provided.

(2) “Consumer” means any person who is a head of household or any entity who resides at a premises to which water service is provided by the City, and is the ultimate user of that water service.

(3) “Person” means any individual eighteen years of age or older or an emancipated minor.

(4) “Water service" means water service provided by the City for consumption, and a minimum service charge for equipment and maintenance.

(5) “Fire service" means water service provided by the City for fighting fires.

(6) “Water service account" means an account for water and sewer services provided by the City.

(7) "Water Division" means the Water Division of the Service Department of the City.

(8) "Water by-laws" means rules adopted by the Director of Public Service for operating the water supply system.

(9) “City" means the City of Mansfield, including its subdivisions and employees.

(10) "Serve(d)" or "service", when used to refer to the service of bills, notices or decisions, means the use of first-class mail, or personal delivery to a person of suitable age and discretion then residing in the unit. "Service date" means the date on which such a bill, notice or decision was personally delivered or three days after such bill, notice or decision was mailed.

(11) "Request a hearing" means making an oral or written request for a hearing to an employee of the Utility Collections Division as provided in Section 941.13(a).

(12) “Payment account” means an account established pursuant to Section 941.12(h).

(13) “Dishonored check” means a check that has been dishonored by the bank as an NSF (nonsufficient funds) check or an account closed check and then returned to the Utility Collection Division for refund.

(14) “Delinquent” means an account is past due. Bills shall be due in full on the fourteenth day after the bill date.

(Ord. 12-021. Passed 1-17-12.)

941.02 OWNERSHIP AND CONTROL.

(a) The public water supply system of the City, including all water mains, laterals, valves, hydrants, meters and services, is under the exclusive control of the Director of Public Service and his authorized agents and employees. Such control shall include all piping from the City mains to the point of ultimate consumption or to where the City water is finally discharged freely at atmospheric pressure. Such control shall be governed by these rules and regulations and the water by-laws as adopted by the Director of Public Service.

(b) The Division of Water does not guarantee any fixed chemical quality, fixed pressure or continuous supply, but it will, in case of accident that will cause sudden change in quality, pressure or supply, endeavor to notify consumers affected thereby. Those using fixtures or equipment sensitive to change and receiving their supply direct from the City mains should have protective equipment, including but not limited to reserve supply tanks, alarms, pressure regulating valves, for emergency cases as no claims will be considered for damage of any nature whatsoever arising from such action.

(c) Whenever a break or leak occurs in a water main or water service line between the main and the curb box, the Division of Water will repair this at its own expense as soon as possible. If a break or leak occurs between the curb box and the meter at any place upon the premises supplied, it shall be repaired at the expense of the customer. If the Division of Water, in order to prevent excessive waste or substantial damage deems it to be an urgent and necessary action to shut off the water, such action will be taken. The City shall give notice to the customer and consumer, if any, in accordance with Section 941.12(1). The customer must then make repairs before water service will be restored.

(Ord. 96-079. Passed 5-7-96.)

941.03 TAMPERING WITH WATER SYSTEM.

(a) No person may connect to any public water line, tamper with or remove any meter, registering device or seal placed by the Water Division or insert a meter by-pass without the permission of the Director of Public Service under penalty provided in Ohio R.C. 4933.99(B). If the Division of Water finds that a Water Division seal has been broken or any by-pass inserted and there is evidence that the meter or registering device has been tampered with, water service to the unit may be terminated in accordance with Section 941.12(a), (f), (g) and (m), and shall not be turned on again until the consumer or owner of the premises pays for the estimated quantity of water which has been used and not registered, and, in addition thereto, the standard fee for turning off and the standard fee for turning on such water. Payment of the fees herein will not in any way relieve any person from criminal prosecution. Meters damaged by abuse, misuse, accident or any act of carelessness shall be repaired at the expense of the customer.

(b) No person shall operate, open or otherwise tamper with any valve, stopcock, curbcock or other device after the same has been closed for violation of any rule or regulation of the Division of Water, or unlawfully secure a supply of water through such valve, stopcock, curbcock or other device after same has been closed for the violation of any rule or regulation of the Division of Water, or in any way take water for private use unlawfully or without first having secured the necessary permit from the Bureau of Buildings, Inspections, Licenses and Permits.

(c) No person shall put filth, animal matter, chips, shavings or any other substance into any City reservoir or bathe or swim therein.

(d) No person shall open, close, adjust or interfere with a fire hydrant, valve, regulator, gauge, gate, curbcock, stopcock, meter or other regulator, operating a measuring device, or appliance in or attached to the wells, tanks, reservoirs, conduits, pipes, mains, service pipes, house pipes or other pipes or apparatus of the City water supply system, with intent to cause the escape of water or to injure or destroy such property. No person shall tap, sever, open or make unauthorized connections with a main or pipe used or intended for the transmission of water. This section does not apply to the agent or employee for the purpose of the owner or operator of the appliances referred to in this section, and does not apply to anything done by or under authority of any regularly constituted fire department. The penalty for violation of this section is not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00) or imprisonment for not more than thirty days, or both.

(e) Any customer or consumer having a connection to the public water supply system who permits public water to be wasted excessively from such connection either by unnecessary use, or negligence, or who fails to prevent excessive waste, may have water service to the unit terminated in accordance with Section 941.12(a), (f), (g), and (m).

(f) No person shall damage or disturb any fire hydrant or any part thereof or take any water from such hydrant under any circumstances except an authorized agent of the Division of Water or the Fire Division or a person with a special permit from the Division of Water. In case any damage is done to a fire hydrant by any person, he shall upon demand of the Division of Water pay such damages and all cost and expense incurred by reason thereof.

(Ord. 96-079. Passed 5-7-96.)

941.04 ESTABLISHING AND MAINTAINING SERVICE.

(a) Any person or entity, who owns a premises to which water service is or can be delivered, shall have the right to establish a water service account to pay for future water service to the premises unless:

(1) The applicant is a person or an entity who is delinquent on a water service account for any premises; or

(2) The applicant is the person or entity who has failed to cure the breach for which water service was terminated pursuant to Section 941.12(f); or

(3) Conditions exist at the unit for which water service is sought which would be grounds for termination of the water service pursuant to Section 941.12(1).

(b) Any person or entity making application to establish a water service account shall execute an application agreeing to be responsible for all charges to the premises in a form and manner approved by the Director of Public Service.

The City reserves the right to require an applicant to submit proof of identification.

(c) No person or entity may be denied the right to establish a water service account to a premises because of an outstanding obligation of some other person or entity for past water service to that premises except persons who were members of the obligor's household during the time the outstanding obligation was incurred and are presently members of the obligor's household.

(d) Whenever the City denies an applicant the right to establish a water service account, the City shall give the applicant a written notice of the reasons for the denial and of the right of the person or entity to request a hearing at which to contest the reasons for the denial. Thereafter, the applicant may request a hearing, and, if so requested, the hearing shall be granted by the City. Any such hearing shall be conducted by the City in accordance with Section 941.13.

(e) In all cases, the owner of the premises, shall be primarily liable for all charges for each water service account to the premises.

(f) Owners making application may elect to have their accounts billed to and in the name of their tenants, but only with respect to those premises on which there is no past due amount owing. If a property owner and tenant sign and return a direct billing agreement the City will send to the owner's tenant, the original billings and property owners will receive only copies of all delinquency and turn-off notices.

(g) In the event it becomes necessary to turn off the water because of a violation of any of the rules or regulations of the Division of Water, or due to the request of the customer, a charge of twenty-five dollars ($25.00) will be made for turning the water off and an additional charge of twenty-five dollars ($25.00) will be made for turning the water on. The turn off-fee shall be the responsibility of the customer at the time of the turn off. The turn on fee shall be the responsibility of the customer at the time of turn on. The turning off and back on of water shall not be construed as "establishing a water service account" for the purposes of Section 941.01(a), provided the customer maintained ownership of the property while the water was turned off.

(h) The Utility Collections Division shall attempt to give notice by mail of all due and payable water bills but cannot guarantee the delivery of such bills. Property owners, when either buying or selling properties, shall see that notice of transfer of ownership is made at the office of the Utility Collections Division and that all water bills are paid to date of transfer of title. The Utility Collections Division shall make every possible effort to collect water bills as promptly as possible, but no consumer or owner of property shall be relieved from any obligation for bills that may be unpaid through failure of the Utility Collections Division to make collections as provided by its rules.

(Ord. 13-088. Passed 4-16-13.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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