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.)