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.)

941.05 PERMITS FOR SERVICES.

   (a)    Any person or entity, in person or by agent, desiring a water service connection shall make application for such connection at the Bureau of Buildings, Inspections, Licenses and Permits. There shall be at least one meter for each customer. There may be more than one meter for each building and each such meter constitutes a separate service. Each meter shall serve a separate geographical area or be protected by an approved backflow prevention device. Each meter shall have a separate shut-off apparatus accessible to employees of the City Water Division for turning on and turning off service to that customer. Should property owners wish auxiliary meters inside a building on the same water service, they may have them, by establishing separate accounts under these regulations and the by-laws of the Water Division. Cost of meters and their installation must be at the expense of the owner and meet requirements of the water by-laws.

   (b)    Any person or entity in person or by agent, desiring a water service connection for one or more mobile homes to be placed upon a single lot or parcel under one ownership shall obtain one water tap and one meter only. Water service shall be extended to mobile home parks at the sole expense of the land owner(s)and such owner(s) shall be billed and pay for all water used on the premises. Water service consumers residing in mobile homes shall have the right to establish a group account as provided in Section 941.12(I).

   (c)    No water service tap or permit will be issued to any consumer on any private line unless the applicant files a signed release or order of authority to the Division of Water from the owners of such private line and then only at the discretion of the Director of Public Service. All rules and regulations not conflicting by law shall apply to all consumers receiving their supply of water over private lines from the Division of Water.

   (d)    Any residential consumer who is presently being billed for use of City water and is presently receiving service, in the sole opinion of the City, through an inadequate supply main, may request a new tap whenever an adequate supply main is made available. Such new tap shall be at no cost to the customer.

   (e)    A new tap shall include the removal and replacement of pavement, shut-off valve or curb stop and the extension of a service line to a location behind the sidewalk near the public right of way. All expense and costs relating to rearrangement of plumbing, resetting the water meter and/or connecting piping between the new shut-off valve or curb stop and the ultimate use of water shall be borne by the customer.

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

941.06 METERS AND REGISTERING DEVICES.

   (a)    Every water service shall be equipped with a meter and a remote register, unless approved otherwise. All meters shall be the property of the City. For the purpose of maintaining meters, the Division of Water reserves the right to remove and then replace or repair any meter at any time without notice.

   (b)    Each meter shall be sized according to the volume of water used by the consumer. The Division of Water reserves the right to size or change the size of any meter according to water use records of the consumer and the recommendations of the American Water Works Association "Standard for Cold Water Meters". The customer is responsible for providing facilities for a proper meter setting and for any required piping changes.

   (c)    All new water services shall be metered with a remote reading meter and register after the passage of this chapter. Remote reading meters and registers shall be installed on all existing water services unless determined otherwise by the Director of Public Service. Remote reading meters will require periodic inspection by the Division of Water. Failure of the customer or consumer to comply with this rule may result in water service to the unit being terminated in accordance with Section 941.12 (a), (f), (g) and (m).

   (d)    Upon request from an owner-customer and upon payment of the standard test charge as established by Section 941.08(g), the Division of Water shall remove any meter to the meter shop for test. If, upon examination and test, it is found that the meter registers outside of the tolerance limits of the following percentages of water through it, that is, two percent (2%) over or under on meter sizes five-eighths inch thru two inches on flows from one to twenty gallons per minute, five percent (5%) over or under on all other types and sizes of meters on flows from low to high rating, then it shall be considered "inaccurate" and the water charges will be adjusted upon basis of the test.

   (e)    The standard charge for the replacement of frozen or stolen meter shall be the current cost of the meter to the City of Mansfield plus the cost of any auxiliary devices such as remote radios if necessary.

(Ord. 14-047. Passed 4-15-14.)

941.07 METER READINGS AND BILLS.

    (a)    Each water service account bill shall represent water used as determined by an actual meter reading or an estimated reading based upon previously used water at the same premises, or a minimum service charge. Estimated readings shall be noted as such on the bill. Bills for each water service account shall be mailed to the customer on a monthly basis. Bills shall be due in full on the fourteenth day after the bill date. Failure to pay a bill by the twenty-first day after said bill date will result in the assessment of a ten percent (10%) late fee which shall appear on the next monthly statement. Failure to pay a bill on time, may be considered nonpayment for the purposes of Section 941.12 (a), (f), (g) and (m).

            (1)    All payments to the Utility Collections Division shall be in currency, by check or money order, credit or debit card, or other form of online payment. Any credit, debit, or other form of online payment may be subject to a servicing or processing fee determined by the Utility Collections Division. All checks will be accepted subject to collection at the bank. In the event a check is not honored by the bank and is returned for refund, the account to which payment has been credited will be charged thirty-five dollars ($35.00) for the returned check. Dishonored electronic funds transfer (EFT) transactions will also be charged at the thirty-five dollar ($35.00) penalty.

            (2)    If a check has been received by the Utility Collections Division that is returned by the bank as a dishonored check, upon notification to the payor of the return of the dishonored check, the payor shall make restitution on the dishonored check by making payment on the account as soon as possible in cash, by cashier's check or money order, only.

            (3)    If a payor causes two dishonored checks to be presented to the Utility Collections Division within a one year period, the Utility Collections Division shall notify that payor in writing that payment for all future water bills must be made in cash, by cashier's check or money order, only.

   (b)    Meter readings will be taken in accordance with the water by-laws as established by the Director of Public Service. Meter readings shall be taken as near the same day of the month as possible. Meters must be installed in such a location and manner so as to make them readily accessible for reading. If the meter reader is unable to obtain a reading by reason of the meter or remote register being out of order, or he is unable to gain access to either, an estimated charge will be made. If authorized by the Director of Public Service, a meter reading card may be sent to customers when their meter cannot otherwise be read. Such cards shall be accurately marked by the customer to indicate the true meter reading and returned to the Utility Collections Division. Returned cards shall be considered as estimates only since actual water used shall be determined by a reading taken by a City employee. If access to the meter or remote register is not available for four consecutive months, notice will be served upon the customer to take corrective action.

   (c)    Inspectors, meter readers or employees of the Division of Water whose duty it may be to enter upon private premises to examine meters, pipes or other fixtures used in connection with the City water supply shall be equipped with a proper badge or such other credentials as the Director of Public Service may deem necessary to identify them as agents of the Division of Water. Such inspectors, meter readers or employees authorized by the Division of Water must have free access at all reasonable hours to all parts of the building for the purpose of inspecting meters, examining fixtures and observing the manner in which the water is used. In case any authorized inspector, meter reader or employee is refused admittance to any premises or is hindered or prevented from making such inspection or reading, water service to the premises may be terminated in accordance with Section 941.12 (a), (f), (g) and (m), and not turned on again until free access is granted.

   (d)    Payment of water service accounts shall be deferred where the customer established: an inability to pay a water bill by the date on which such payment is due; and that termination of water service would be especially dangerous to the health of a consumer at the unit as certified in writing by a physician. Upon the establishment of both the foregoing conditions, payment shall be deferred entirely for so long as both conditions exist, or for ninety days, whichever occurs first. At the end of the deferment the customer shall be required to pay the past due bill in full, or, at the customer's option, in three equal monthly installment payments with each installment payment to be made by the fifteenth day of the month; and the customer shall also be required to pay the current bills for the water service account provided after the deferment in accordance with the requirements of subsection (a) hereof. Successive deferments may be granted only upon either payment of all past due amounts or upon the consent of the Director of Public Service. In the event that the customer's application for an emergency deferment is initially rejected by the City, or in the event that the City intends to terminate such a deferment prior to the expiration of the ninety days, the City shall give the customer written notice of the reason(s) therefor and of the opportunity for a hearing, pursuant to Section 941.13, at which he may contest the denial or the proposed termination of the deferment. Whenever a customer requests a hearing pursuant to this paragraph to contest a proposed termination, he shall not be obligated to pay the bill unless and until he is ordered to do so by the decision of the hearing officer, upon expiration of the ninety days, or upon prior settlement of the dispute, whichever occurs first.

   (e)    In the event that a customer fails to make payment of a monthly bill by the date it is due (see subsection (a) hereof) or fails to make either a full or monthly payment after the cessation of an emergency deferment as provided in subsection (d), the City may propose to terminate the water service as provided by Section 941.12 (a), (f), (g) and (m).

   (f)    Customers have the right to request and attend a hearing for the purpose of disputing: the amount of any charge assessed by the City against the water service account of the customer; the amount of any credit accorded by the City to the customer for prior payment on the water service account of the customer; or the failure of the City to accord to customer a credit for prior payment on the water service account of the customer. Any such hearing shall be conducted by the City in accordance with Section 941.13 and shall be limited to matters concerning the two billings immediately preceding the date of the request for hearing. Whenever a customer requests a hearing pursuant to this subsection, he shall not be obligated to pay the disputed portion of the bill unless and until, and only to the extent that he is ordered to domino by the decision of the hearing officer or upon prior settlement of the dispute.

   (g)   When water rents or charges are not paid when due, the Director of Public Service shall cause them to be certified to the County Auditor for placement as a lien upon the property served in accordance with the procedures set forth in Ohio R.C. 743.04. Certification of delinquent water charges shall be concurrent with certification of delinquent sewer charges as provided by Section 937.14.

   (h)    Notwithstanding any other provision within this chapter, where water service accounts are determined to be non-collectible by the Director of Public Service, he may charge-off delinquent accounts in the categories set forth below. In no event shall any account in any of the following categories be charged-off from the account receivables unless and until the Director has, after diligent effort, determined that the account cannot reasonably be collected, after taking into consideration the age of the account, the ownership of the premises served, the condition of the property, whether the property is occupied or vacant, whether the property is improved or unimproved, the expense of collection when compared to the amount due, any billing errors on the part of the City, the adequacy of City records substantiating the account and any other factors relevant to such determination.

      The Director shall maintain adequate records on each account which is charged off, indicating the reason that each such account is deleted from the account receivables.

      The procedures established by this subsection shall not be utilized as a method of resolving disputed accounts in lieu of the procedures set forth in Section 941.13, but shall be for internal bookkeeping purposes only and in order to remove uncollectible accounts from the City's files. The categories wherein the Director is authorized to charge-off delinquent accounts are as follows:

            (1)    Water service accounts serving properties where the structures thereon have been demolished and the accounts have not been removed from the City's files.

            (2)    Water service accounts serving properties where the water meter has been removed and billing records have not been adjusted accordingly.

           (3)    Flat rate sewer charges being billed after removal of the structures on the property.

            (4)    Accounts older than six years and barred by the applicable statute of limitations.

         (Ord. 16-079. Passed 5-5-16.)