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All sums collected as sewer system expansion fees established in § 942.03 shall be deposited to the credit of a Sewer Expansion Fund, as the case may be, which funds are hereby established and all sums credited to the funds may be used only for the purpose of sewer system expansion.
(Ord. 90-61, passed 5-14-1990)
(a) Extension restrictions.
(1) The provisions of this section, unless specifically indicated otherwise herein, apply to the extension of sewer services both inside and outside the city. No extension of sewer services outside the city limits can be made without the approval of Council by ordinance.
(2) All lines constructed for the extension of sewer service shall be extended the entire distance across the property to be served.
(b) Plans. After receiving the required approval of Council, extension to the sewer system shall be in accordance with one of the following plans:
(1) Plan 1. Payment of entire cost in advance. Any one or more property owners may request the City Manager to determine the feasibility and the estimated cost of the construction of a sewer line extension to serve their premises. If Council approves the proposed extension and the City Manager’s estimated construction cost, the property owners may deposit with the city a sum equal to the estimated cost plus expansion charges defined in § 942.03. The City Manager shall thereupon proceed with the construction. Any surplus in the deposit amount over and above the actual construction cost shall be refunded to the owner or owners or their agent. Should the actual construction cost exceed the deposit amount, the owner or owners shall pay this excess amount and no tap-in permit shall be issued, no connection made or maintained to the extension, nor any sewer service provided until the cost is paid in full. No extension of service will be approved for less than the entire frontage of the property of the applicant and the necessary length from an existing sewer line to that frontage. If in any case, by reason of inadvertence or oversight, construction shall have been made without compliance with advance payment requirements, the inadvertence or oversight shall not relieve the benefitted property owner from the obligation to pay the amount due. In those cases, no water connection shall be made or sewer service provided unless and until the required payments or deposits are made.
(2) Plan 2. Construction by owners. Council may permit the owner or owners of property to be served to arrange for the laying of sewer line extension by private contract. Before the permit can be granted, the plans for the extension must be approved by Council. Prior to starting a project, the contractor shall furnish a bond as guarantee for each project or section thereof. The entire sewer lines are to be deeded to the city. Before the properties to be serviced can tap into the extension, they must secure a tap-in permit, pay expansion charges as specified in § 942.03, and any installation charges specified in § 942.04.
(3) Plan 3. Construction without petition. Whenever Council shall determine that it is in the best interests of the city to extend the sewer lines, Council, by ordinance passed with a three-quarter affirmative vote, may assess upon abutting, adjacent and contiguous, or other benefitted properties within the municipality, and an extension line charge shall be imposed in accordance with division (d) hereof upon properties outside the municipality which are abutting, adjacent and contiguous or other property to be benefitted by the extension. The sum due in the form of assessments or extension line charges are in addition to all other charges imposed by this chapter.
(4) Plan 4. Construction with petition. The owners of property outside the municipality to be serviced by a proposed sewer extension may petition Council for the construction of the extension. Before the property owners may be issued a tap-in permit to make or maintain a connection to the extension of sewer services to be provided to the property, the property owners shall pay the extension line charge as set forth in division (d) hereof and the expansion fee as defined in § 942.03.
(c) Procedural defect. If an extension line charge is made under any plan in this section and the city has been unable to collect the extension line charge due to defects in procedure or any other reason, no tap-in permit shall be issued, no connection to the extension made or maintained, or sewer service continue to be provided to the property unless the property owner shall first pay a sum to the city equal to the amount formerly charged in the form of an extension line charge. The sum may be paid by installments due in amounts and at times as if the extension line charge were valid and collectible. The City Manager shall bill the installment amounts as they fall due and in the event of nonpayment, utility service shall be discontinued by the City Manager.
(d) Extension line charge.
(1) Council shall impose extension line charges by ordinance under the following two-step procedure. The first ordinance shall provide the notice of intention to proceed with the extension line charge and shall:
A. Describe the property upon which extension line charges shall be imposed;
B. Specify the amount of the extension line charge imposed upon each property described;
C. Specify the yearly rate, if any, that interest will accrue on the extension charge until a tap-in permit is issued; and
D. State that the property owner has 14 days from the date of receipt of the ordinance to file a written objection with the Clerk of Council requesting a hearing on the extension line charge and that failure to file an objection within the time shall constitute a waiver of any right to a hearing.
(2) A. After the ordinance giving notice of intention to proceed has been passed, the Clerk of Council shall send a copy of the ordinance, and a certified copy of Chapters 941 and 942, by certified mail with return receipt to the owner of each property listed in the ordinance at the address appearing on the records of the County Auditor. The notice shall state that a property owner shall file a written objection within 14 days of receipt of the notice to preserve the owner’s right to a hearing on the amount of the extension line charge to be imposed. The hearing date shall be set no sooner than ten days after the date of filing the objection. Within 15 days of passing the ordinance giving notice of intention to proceed, the Clerk of Council shall file with the Auditor of each county in which any property is to be subject to an extension line charge a copy of the ordinance.
B. At the next Council meeting following the hearing, or at the next Council meeting following the 14-day notice period if there are no objections filed by affected property owners, Council shall impose extension line charges by an ordinance levying the extension line charges which includes the elements set out in divisions (d)(1)A., B. and C. hereof. If no objections have been filed within the allotted time frame, the ordinance levying the extension line charges shall adopt the charges set out in the original ordinance giving notice of intention to proceed. If objections are filed and following a hearing, the ordinance levying extension line charges shall establish the charges as Council determines. Within 20 days of passing the ordinance levying extension line charges, the Clerk of Council shall file with the Auditor of each county in which any property is subject to an extension line charge a copy of the ordinance. The Clerk of Council shall send a copy of the ordinance levying extension line charges by certified mail with return receipt to the owner of each property listed in the ordinance at the address appearing on the records of the County Auditor.
(Ord. 93-80, passed 7-26-1993)
(3) Unless otherwise directed by Council, the City Manager shall not issue a tap-in permit or building permit which will allow sewer service to property upon which an extension line charge has been imposed until at least 10% of the extension line charge and accrued interest is paid. The remaining 90% shall be paid as provided in division (d)(7) hereof.
(4) In the event property is subsequently subdivided, the City Manager, unless otherwise directed by Council, shall not issue a tap-in permit or building permit which will allow sewer service to any subdivided parcel or lot until at least 10% of the subdivided parcel’s or lot’s proportionate share, as determined under division (d)(5) hereof, of the total extension line charge and accrued interest is paid. The remaining 90% shall be paid as provided in division (d)(7) hereof.
(5) The proportionate share shall be the dollar amount of the original extension line charge per acre multiplied by the subdivided parcel’s or lot’s acreage. If the subdivided parcel or lot fronts on the road where the extension line was originally laid, the proportionate share shall also include the dollar amount of original extension line charge per lineal foot of frontage multiplied by the subdivided parcel’s or lot’s lineal feet of frontage on the road where the extension line was originally laid.
(6) If a subdivided parcel or lot, adjacent to or abutting any subdivided parcel or lot against which an extension line charge has become due, is acquired by the person responsible for payment of the charge, or by any entity in which the person has a legal or equitable interest, or by a member of the person’s immediate family, it shall be rebuttably presumed that a single use will be made of the newly acquired and previously owned property. The proportionate share as determined under division (d)(5) hereof, for the newly acquired parcel or lot shall become due and payable as provided in division (d)(7) hereof whether a new tap-in permit or building permit is requested or not.
(7) Excepting the 10% payments required to obtain permits, payments required under divisions (d)(3), (4) and (6) hereof, shall be made by no more than 99 monthly installments of equal amounts and one final installment in an amount not to exceed any one monthly installment. A finance charge on the unpaid balance shall be added to each installment at the rate of 1% per month on the outstanding balance after crediting the installment last paid. The City Manager shall bill the amounts due for interest, installment payments and finance charge along with the monthly billing for sewer and/or water services. Installment payments shall be due upon the due date listed on the bill. In the event of nonpayment of an installment or finance charge when due, the City Manager shall discontinue water and sewer services to the property and premises served until the overdue installments and finance charge have been paid.
(8) All payments under this division (d) are to be deposited to the account from which the extension was paid or financed.
(Ord. 90-61, passed 5-14-1990; Ord. 93-80, passed 7-26-1993)
(e) Record keeping.
(1) The City Manager shall maintain a record of the properties which have been assigned an extension line charge. These records must identify the ordinance that establishes these charges and the amount due. The records shall be suitably indexed as to book, page and parcel number as indicated in the County Auditor’s records and cross indexed as to streets and parts of streets, and shall at all times be available for public inspection. As charges are paid or partially paid, or as new charges are imposed, the necessary notations shall be made in the record by way of amendment or supplement. The notations by way of amendment or supplement shall be filed with the appropriate County Auditor at appropriate intervals, but not less than yearly. The records shall at all times be accompanied by a statement from the City Manager indicating the date to which the record has been carried and that an interested party may obtain upon request a statement of current charges paid or imposed.
(2) With the consent of the Warren County Auditor, or any other county in which the sewer lines lie, a notation shall be made on the tax records for the property abutting the sewer line that the property is subject to an extension line charge under this section for obtaining or expanding sewer services to the property.
(3) The City Manager shall request removal of the notations when the charges have been paid in full.
(Ord. 93-80, passed 7-26-1993)
(f) Size of water mains. The size of water mains used in the construction of extensions, as provided in Plans One through Four inclusive, shall be 12 inches for extensions to service residential developments and 12 inches to service commercial and industrial developments or the larger size as may be shown on the City Water Distribution Plan adopted by Council or the latest revision thereof by the City Engineer. Variations from that latest revision shall be required if the City Engineer determines that a different size is required due to circumstances or conditions which have arisen since the date of the Plan or his or her latest revision or due to unique circumstances of the development being served. In addition to the variations, smaller mains may be permitted in:
(1) Cul-de-sacs having no more than 40 domestic branches and no longer than 800 feet;
(2) Cul-de-sacs or dead-end mains not more than 1,000 feet in length or serving not more than 60 multi-family units;
(3) Cul-de-sacs serving commercial users where the demand does not exceed the demand in division (f)(1) hereof;
(4) Where the extensions are installed connecting dead-ends or existing mains of less than 12 inches in size and where a 12-inch main would serve no useful purpose; or
(5) Where Council has determined based on a recommendation by the City Engineer that due to special circumstances a 12-inch main is not required for a residential development.
(Ord. 91-22, passed 2-25-1991; Ord. 93-80, passed 7-26-1993)
All funds received are to be deposited to the operating account for the Sewer Department.
(a) (1) Residential users. Rates shall be charged for single- and two-family dwellings or the annual Cost of Living Adjustment (COLA) as approved by Council, whichever is greater. For 2024 and later, rates will be effective on January 1 of each year and increase at the rate approved by Council for the annual COLA. The rates are based upon water used and are per family unit as defined in § 941.07(a). For dwellings without water meters, the charge for sewer service will be based on 5.348 hundred cubic feet (ccf) per month. The rates shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the rates shall be as set by ordinance from time to time.
(2) April through October sewer usage credit for single and two-family dwellings for vegetation watering.
A. Definitions. The following terms are defined as follows for use in this section.
BASE CALCULATION. The base calculation is the average monthly usage of water service, in ccf, at that dwelling during the months of November (billed in December) through March (billed in April) immediately preceding the “usage credit month.” For those residents for whom there is less than three months history of water service at that dwelling unit during the months of November through March immediately preceding the “usage credit month,” the “base calculation” shall be 12.04 ccf.
USAGE CREDIT MONTH. The usage credit month is each month of usage from April (billed in May) through October (billed in November), inclusive, beginning in April, 2007.
B. Credits. Single- and two-family dwellings using sewer service in the city shall be entitled to a credit toward that sewer service used during each usage credit month as follows:
1. If a dwelling’s water usage during a usage credit month exceeds that dwelling’s base calculation, the credit to the bill for that month’s sewer services shall be the amount equal to the charges for sewer service on that additional water usage; or
2. If a dwelling’s water usage during a usage credit month does not exceed that dwelling’s base calculation, there shall be no credit to the bill for that month’s sewer services.
(b) Sewer service rates for commercial, industrial and institutional establishments and multi-family dwellings and trailer parks.
(1) Definitions. For the purposes of this § 942.08, a MULTI-FAMILY DWELLING is a residential building which is divided into three or more family units.
(2) Rates. The rates shall be charged for commercial, industrial and institutional establishments and multi-family dwellings and trailer parks or the annual Cost of Living Adjustment (COLA) as approved by Council, whichever is greater. For 2024 and later, rates will be effective on January 1 of each year and increase at the rate approved by Council for the annual COLA. The rates are as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the rates shall be as set by ordinance from time to time.
(3) Rates. The rates are based upon water usage and are for a per establishment basis as calculated in § 941.07(b).
(Ord. 99-58, passed 4-12-1999; Ord. 2001-92, passed 5-14-2001; Ord. 2003-48, passed 4-28-2003; Ord 2004-39, passed 3-22-2004; Ord. 2005-13, passed 2-14-2005; Ord. 2006-108, passed 9-25-2006; Ord. 2022-111, passed 11-14- 2022)
(c) Services outside city limits. A 50% surcharge is to be applied to above rates for all customers located outside the city limits.
(d) Normal concentration of wastes.
(1) Charges for sewage treatment pursuant to division (a) hereof shall apply to wastes not exceeding normal concentration as follows:
A. BOD: 200 milligrams per liter;
B. Suspended solids: 200 milligrams per liter; and
C. Ammonia: 20 milligrams per liter.
(2) Applicable concentrations shall be based upon average concentrations, weighted in proportion to volume of flow, determined during each billing period by the most practicable method possible. Should the average concentration of any constituent exceed the normal concentration provided in this division, a surcharge for each constituent so exceeded shall apply for the applicable billing period, in accordance with the provisions of division (g) hereof.
(e) Pollutants in excess of normal concentrations.
(1) Sewage containing pollutants in excess of normal concentrations as defined in this division (e) hereof shall be:
A. Subject to prohibition of discharge to the sewage treatment works;
B. Subject to pretreatment prior to discharge to the sewage treatment works to comply with concentrations or amounts of pollutants established by the City and subject to payment of a surcharge pursuant to division (g) hereof; or
C. Permitted to be discharged to the sewage treatment works without pretreatment, subject to payment of a surcharge pursuant to division (g) hereof.
(2) The city shall determine which of the three alternatives shall apply, based upon the volume and concentration of pollutants of the sewage involved.
(f) Extra strength surcharges. In addition to the base user charges applicable pursuant to divisions (a) and (b) hereof, users discharging pollutants to the sewage treatment works of the city, whose average concentration as defined in division (e) hereof in one or more classifications exceeds in any month that concentration as normal in division (e) hereof in the corresponding classification, shall be subject to surcharges calculated as follows:
(1) Surcharges for each billing period during a calendar year shall be based upon the following values for that calendar year:
A. Estimated total operation, maintenance and replacement expenses attributed to the water reclamation plant (C);
B. Estimated total pounds of BOD received at the plant (B);
C. Estimated total pounds of suspended solids received at the plant (S); and
D. Estimated total pounds of ammonia received at the plant (NH).
(2) Surcharge on user charges per pound of BOD in excess of normal equals:
C x 0.42 |
B |
(3) Surcharge on user charges per pound of suspended solids in excess of normal equals:
C x 0.24 |
S |
(4) Surcharge on user charges per pound of ammonia in excess of normal equals:
C x 0.05 |
NH |
(5) Pounds of BOD per billing period subject to surcharge equals: (Average concentrations of BOD, calculated pursuant to division (e) hereof, in milligrams per liter minus 200 milligrams per liter) times volume of sewage discharged from the user to the sewage treatment works billing period, in million gallons, times 8.34. If the average concentration of BOD is 200 milligrams per liter, or less, no surcharge for BOD shall apply;
(6) Pounds of suspended solids per billing period subject to surcharge equals: (Average concentration of suspended solids, calculated pursuant to division (e) hereof, in milligrams per liter minus
200 milligrams per liter) times volume of sewage discharged from the user to the sewage treatment works per billing period, in million gallons times 8.34. If the average concentration of suspended solids is 200 milligrams per liter, or less, no surcharge for suspended solids shall apply;
(7) Pounds of ammonia per billing period subject to surcharge equals: (Average concentration of ammonia, calculated pursuant to division (e) hereof in milligrams per liter minus 20 milligrams per liter) times volume of sewage discharged from the user to the sewage treatment works per billing period, in million gallons times 8.34. If the average concentration of ammonia is 20 milligrams per liter, or less, no surcharge for ammonia shall apply;
(8) Surcharge on user charges equal [pounds of BOD calculated pursuant to division (f)(5) hereof] times [surcharge per pound calculated pursuant to division (f)(2) hereof]; plus [pounds of suspended solids calculated pursuant to division (f)(6) hereof]; times [surcharge per pound calculated pursuant to division (f)(3) hereof]; plus [pounds of ammonia calculated pursuant to division (f)(7) hereof]; times [surcharge per pound calculated pursuant to division (f)(4) hereof].
(9) Formulas as contained in divisions (f)(2), (f)(3) and (f)(4) hereof shall be subject to adjustment as necessary based upon a biennial audit of sewer revenue fund expenses. Examples for calculating the rate based on formulas set forth herein are attached as Appendix A to this section.
(10) Surcharges may also be established for pollutants other than those provided for in this division which are permitted to be discharged to the sewage treatment works by the city, after pretreatment or without pretreatment. Surcharges levied pursuant to this section shall be billed pursuant to § 942.09. The surcharge rates shall be as pursuant to division (g) hereof. The sampling operation is to be conducted by the city without advance notice to the user.
(g) Extra strength surcharge rates. Extra strength surcharge fees should be linked to the actual cost for plant operation.
Appendix A
Example of Calculation for Extra Strength Surcharges
Example of Calculation for Extra Strength Surcharges
Wasteload Determination of BOD, SS and NH
Estimated BOD, suspended solids and ammonia wasteloads received at plant: See § 942.08(F) Extra Strength Surcharges
|
Biological Oxygen Demand (BOD) = Previous year MGD x 8.34 lbs/gal x 200 mg/l x 365 days/yr = _____ lbs/yr
|
Suspended Solids (SS) = Previous year MGD x 8.34 lbs/gal x 200 mg/l x 365 days/yr = _____ lbs/yr
|
Ammonia (NH) = Previous year MGD x 8.34 lbs/gal x 20 mg/l x 365 days/yr = _____ lbs/yr
|
Extra Strength Surcharges
1. | Plant O&M expenses for previous year = C
|
2. |
BOD received for previous year = B
|
3. |
Suspended Solids received for previous year = S
|
4. |
Ammonia received for previous year = NH |
BOD Surcharges C x .42 = Plant O & M Expenses for previous year x .42 = lbs BOD |
B BOD received for previous year |
Suspended Solids C x .24 = Plant O & M Expenses for previous year x .24 = lbs SS |
Surcharge S Suspended Solids received for previous year |
Ammonia Surcharge C x .05 = Plant O & M Expenses for previous year x .05 = lbs NH |
NH Ammonia received for previous year |
MGD = Million Gallons per Day O & M = Operating and Maintenance Expenses |
(Ord. 92-48, passed 5-26-1992; Ord. 93-14, passed 2-22-1993)
Cross-reference:
Fee schedule, see § 205.01
Bills for sewer service will be sent to all customers on a monthly basis and they are payable by the due date listed on the bill. Bills not paid by the due date will be charged a 10% penalty on the sewer charges. Customers with delinquent accounts at the second billing will be notified that unless the delinquent portion of the bill is paid by the due date, water services will be discontinued. The 10% penalty is to be applied to the delinquent portion of the account each and every month the account is delinquent until services are discontinued.
(Ord. 90-61, passed 5-14-1990)
(a) Bills for sewer service are, unless otherwise requested, mailed to the premises where services were received. It is the responsibility of the owner or owners of the premises to pay or arrange for payment of bills. If for example a renter leaves the city, leaving behind an unpaid sewer bill, it is the responsibility of the property owner to pay the bill in its entirety.
(b) Should the bill for any service remain unpaid for a period of 30 days, the Public Utilities Director is authorized to cut off the services. When an account becomes delinquent and services are discontinued, services shall only be resumed upon payment of the entire bill and a fee as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time. A customer’s record shall show no prior offenses after 12 consecutive months without incidence of nonpayment shut-offs. There is no charge for turning the water off.
(c) Within 90 days, the Finance Director is authorized and directed to certify the delinquent bill to the County Auditor for collection as and at the same time that other taxes and assessments are collected.
(Ord. 90-61, passed 5-14-1990)
(d) A charge will be added to any bill in case any check is returned from the bank on which it is drawn as uncollectible for any reason. The charge shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the charge shall be as set by ordinance from time to time.
(Ord. 99-58, passed 4-12-1999)
(e) When the meter reader is unable to get a reading from an inside meter after three consecutive months, or after an existing remote recorder is suspected of malfunctioning for three consecutive months, the Public Utilities Director is authorized to cut off the service provided the owner or owners are given at least seven calendar days prior written notice by certified mail, return receipt requested, and, if returned by ordinary mail to the subject property thereof. Service shall not be resumed until the city has gained access to the premises and a remote meter with recorder has been installed on the existing malfunctioning remote recorder corrected.
(Ord. 90-61, passed 5-14-1990)
Cross-reference:
Fee schedule, see § 205.01
(a) Committing nuisance on sewer works grounds. No person shall throw objects into or recover objects from any reservoirs, or deposit filth or trespass, or commit a nuisance of any kind upon grounds set apart for the use of the city sewer works.
(b) Hunting on sewer works grounds prohibited. No person shall hunt or shoot or otherwise kill any bird or animal on any of the grounds or mutilate or in any other way injure any tree or shrub upon the grounds or upon any property set apart for the use of the city sewer works, or in any way injure any property on the grounds. This shall not apply to extermination of harmful animals or the removal of trees or shrubs by the city or authorized contractors.
(c) Right of entry for inspection. Authorized employees of the Department shall have the right at any reasonable time to enter the premises for the purpose of inspecting any water service branch or fire protection service and any or all piping or equipment connected thereto.
(d) Discharge of nonacceptable industrial wastes prohibited. The discharge of nonacceptable industrial wastes, as hereinafter defined, into the system, whether directly or indirectly, is hereby prohibited. Where investigation reveals the presence in the system of nonacceptable industrial wastes emanating from any lot, land, building or premises, located within or without the corporate limits of the city, the owner, lessor, renter or occupant of the lot, land, building or premises, shall be required to treat, neutralize or in other ways prepare the noxious substance therein, to the satisfaction of Council.
(e) Sanitary sewage and industrial wastes defined. For the purposes of this chapter, the terms SANITARY SEWAGE, ACCEPTABLE INDUSTRIAL WASTES and NONACCEPTABLE INDUSTRIAL WASTES shall be defined as follows.
(1) ACCEPTABLE INDUSTRIAL WASTES. The liquid organic waste materials not containing toxic or explosive elements or other substances injurious to sewers or sewage treatment processes, which result from any commercial, manufacturing or industrial operation or process.
(2) NONACCEPTABLE INDUSTRIAL WASTES. The liquid wastes in which are incorporated minerals, oil, acid, toxic metallic or chemical substances, resulting from any commercial, manufacturing or industrial operation or process.
(3) SANITARY SEWAGE. The waste from water closets, urinals, lavatories, sinks, bath tubs, showers, household laundries, cellar floor drains, bars, soda fountains, cuspidors, refrigerator drips and drinking fountains, and other water-borne waste not constituting an industrial waste.
(f) Turn off and turn on charges. There shall be no charge when the city is requested to turn off the water service at the curb box or removing the water meter. There shall be no sewer charge during the period water service is discontinued except for the sewer surcharge where applicable. A fee shall be charged when the city is requested to restore services. The fees shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time.
(Ord. 90-61, passed 5-14-1990)
(g) Sewer charges may be adjusted. The owner of residential property and manufacturing, business and commercial establishments, who use large quantities of water which is not all discharged into the sewer system, may file application for consideration of adjustment of their sewer billing with the Public Utilities Director who shall determine a fair and equitable adjustment of the billing.
(Ord. 90-61, passed 5-14-1990)
Cross-reference:
Fee schedule, see § 205.01
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