The following By-Laws and regulations for the safe, economical and efficient management and protection of the water and wastewater facilities be and hereby are established:
Rule 1. The following regulations as adopted by the Middleport Village Council are published for the information and guidance of all users of the public water and wastewater systems of Middleport, Ohio and are part of the contract between the Village of Middleport and each user and the owner of premises where water is used or wastewater is generated.
Rule 2. The public water systems of Middleport, Ohio, including all water and sewer mains, valves, hydrants, meters, manholes and services are under the exclusive control of the Village of Middleport, Ohio and its authorized agents and employees as set forth by the Ohio Revised Code and/or Middleport Village Ordinance. Such control shall include all piping from the Village mains and this control shall end at the meter or meter pit.
Rule 3. No person or firm shall make or maintain a physical connection between any other source of water or liquid and the public water supply piping. No spigot or outlet shall be physically connected to a sewer or drain nor shall such be below a free overflow or submerged. If suck a connection is made, it will be considered as a cross-connection and if not removed, will be just reason for discontinuing service.
Rule 4. Any person, firm or corporation having a connection to the public water supply system that permits public water to be wasted from such connection either by unnecessary use, faulty piping or failure to prevent freezing or fails to prevent such wastage may have, after personal notification, such water connection turned off.
Rule 5. No person may connect to any public water line, tamper with or remove any meter or meter seal, or insert a meter by pass without the permission of the Village of Middleport, Ohio under penalty provided in Section 4933.22 of the Revised Code of Ohio and also under penalty of having the water turned off.
TAMPERING WITH THE WATER SYSTEM
Rule 6. If the Village of Middleport, Ohio or Authorized Agent finds that a meter seal has been broken or any bypass inserted and there is evidence that the meter has been tampered with, the water shall be shut off and shall not be turned on again until the consumer or owner of the premises shall pay for the estimated quantity of water which has been used and/or registered, and in addition, thereto a fee of $70.00 for turning on said water. The criminal laws of the State of Ohio provide severe penalties for the tampering with water meters, meter seals, etc.
The penalties herein above are in addition to the penalties provided by the criminal laws of the State of Ohio and by the payment herein above will not in any way relieve any person from criminal prosecution.
Rule 7. No person shall operate, open or otherwise tamper with any valve, stopcock or other device, after same shall have been closed for violation of any rule or regulation of the Village of Middleport, or unlawfully secure a supply of water through such valve, stopcock, curbcock or other device after same shall have been closed for the violation of any rule or regulation of the Village of Middleport, or in any way take water for private use unlawfully or without first having secured the necessary permit from the authorized representative of the Village of Middleport, Ohio. In an emergency situation where a leak is causing damage to a structure, the customer may shut off service at the meter.
Rule 8. No person shall put filth, animal matter, chips, shavings, or any other substance into the wastewater system or any city reservoir or bathe therein, or do injury thereto or walk or ride on the turf thereof.
PERMITS, SERVICES, METERING, METER READING, METER SIZES
Rule 9. Every water service must be equipped with a meter, which will be provided by the Village of Middleport. No meter smaller than 5/8" by ¾" shall be installed in a new building or residence.
Rule 10. Any persons, firm, corporations who is the owner of the property to be served desiring water service must complete and sign an application at the Village of Middleport's Clerk's Office before water service will be provided. The Village of Middleport shall require the owner of the real property to sign the application for water service, if the property to be serviced is a rental property/not owner occupied. Service may be refused to an applicant or premise owing for previous service; however, service shall not be denied to an applicant based upon another customer's bill.
Rule 11. Meter Reading will be taken monthly if possible, usually within the first seven days of the month. Meters must be installed in such manner and place that will make them readily accessible for reading. If the meter reader is unable to obtain a reading, an estimated charge will be based on previous readings or similar services of the same use of water.
Rule 12. Any person, firm, contractor, or corporation, in person or by agent desiring a water connection shall make application for a permit for such connection at the office of the Clerk. There shall be but one house, trailer, or building on each meter. There may be more than one meter for each building. Each meter constitutes a separate service. If a house contains more than one family unit and the owner of said units does not wish to separate the water system in said house so each unit can be separately metered, then the person who made application for the water service as provided in rule 10 of these By-Laws shall pay the total monthly charges as established.
If a building contains more than one business and/or apartments and the owner of said units do not wish to separate the water system in said building so each business or apartment can be separately metered then the person who made the application for water service as provided in Rule 10 of these By-Laws shall pay the total monthly charges for water as established.
Rule 13. Any appropriate person, firm, corporation, or water user, may discontinue water service by proper notice to the office of the Clerk and be relieved of their responsibility when the water is turned off at the curb box and the account cleared on the records of the Clerk.
Rule 14. Each trailer used as residence or business shall be a separate service and require a tap and meter installation.
Rule 15. Inspectors, meter readers or employees of the Middleport Public Works, whose duty it may be to enter upon private premises to examine meters, pipes or other fixtures used in connection with the city water or wastewater system shall be equipped with a badge or such other credentials as the Village of Middleport may deem necessary to identify them as agents of the Village of Middleport. Such inspectors, meter readers, or employees authorized by the Village of Middleport 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 or wastewater is discharged. In case any authorized inspector, meter reader or employee is refused admittance to any examination, the water will be turned off and not turned on again until free access is given.
Rule 16. No plumber or person shall make any extensions or alterations for conducting water into any premises, or discharging wastewater, until he first obtains permission from the Village of Middleport office for each separate job.
TAPPING OF WATER MAINS, REPAIRS TO SERVICE LINE AND CONNECTIONS
Rule 17. Whenever a break or leak occurs in a service line between the main and the curb box, the Village of Middleport will repair this at its own expense as soon as possible, but if said break or leak occurs back of the curb or meter or at any place upon the premises supplied, the property owner shall have the break or leak repaired at his or her own expense. Failure to make repairs may result in water being turned off.
Rule 18. Owners of the real property shall be held responsible for water used in their premises; however, payments may be accepted from tenants. All unpaid accounts shall be a lien against the real property served, and may, at the discretion of the Village of Middleport, be certified to the Meigs County Auditor's Office and assessed on the record owner's property tax bill.
Rule 19. The Village of Middleport does not guarantee any fixed pressure or continuous supply, but it will, in case of accident that will cause shortages or water to be shut off, endeavor to notify consumers affected thereby. Those using steam boilers and receiving their supply directly from the Village mains should have a tank large enough to hold an ample supply for emergency cases as no claims will be considered for damage of any nature whatsoever, arising from such action. The Village of Middleport will not be held responsible for damages caused by stoppages in house service laterals from the house to the main.
Rule 20. The Village of Middleport will, on its initiative, undertake to test and correct any meter, which in its judgment is registering incorrectly, without the consent of the owner. The Village of Middleport shall not be responsible for breakage of pipes or valves occurring during the removal or installation of meters.
Rule 21. Upon request from an owner, the Village of Middleport will remove any meter to the meter shop for test. If upon examination and test, it is found that the meter registers outside the tolerance limits of 5% over or under on flows from one to twenty gallons per minute, on all meters, types and sizes, it shall be considered inaccurate and the water charges will be adjusted on the basis of this test. If charges are adjusted, only the current bill will be subject to change. The customer has the right to request a meter test at the time of each billing. Payment of the bill constitutes acceptance of charges made.
FIRE PROTECTION SERVICE
Rule 22. The installation of fire protection service connections to supply water to stand pipes and sprinkler systems for fire protection only shall be permitted when applications and plans for such service have been submitted and approved and the classification of said service determined by the Village of Middleport.
Rule 23. In case of fire the Fire Department shall have the right to use any hydrant, hose, pipe or other fixture wholly or in part from any pipe used for fire protection.
WATER RATES AND CHARGES
Because water rates and tapping charges are subject to change, owners and water users should contact the Village of Middleport for current water rates and tapping charges and the same will be provided upon request.
TAPPING CHARGES
On all water mains installed by the Village of Middleport, a tapping charge shall be collected by the Clerk when application for service is made. Charge for these taps will be provided upon request.
TURN OFF FOR VIOLATION
Rule 24. Upon the violation of any of the rules of this ordinance or any rule of regulation of the Village of Middleport, the water at the site of the violation will be turned off, and a charge of $70.00 will be made for turning the water back on.
PENALTY FOR NON PAYMENT OR LATE PAYMENT
Rule 25. Water bills will be dated and sent by the last working day of each month for the previous month's usage. Payment is due by the 10th day of the following month. In the event payment is not received by the Village of Middleport by the due date, a late fee of 10.0% will be charged to the account. Late notices will be sent to customers whose payments have not been received by the 10th day. The delinquent amount is due upon receipt of the bill. If payment is not made, water service will be discontinued. A shut-off notice will be delivered to the property 5 working days prior to service being discontinued. The shut-off notice shall provide for an opportunity for a hearing on the proposed shut-off. Requests for a hearing must be received at the Village Hall within 5 working days of the delivery of the shut-off notice. If a request for a hearing is timely made, a hearing shall be held within 5 working days of the date of the request for hearing. The hearing shall be conducted by an authorized agent of the Village of Middleport. A turn on fee of $70.00 will be charged to reinstate service. When a delinquency results in a shut-off, the entire bill, delinquent and current charges, must be paid before service will be restored. Any persons, firm, corporation, or premises having a delinquent account shall not be given water service on any other water account until such delinquent accounts have been paid. The shut off notice shall be served upon the owner of the property, as well as the occupant of the property if the property is not owner occupied.
Rule 26. Meters damaged by use, abuse, misuse, accident or any act of carelessness will be repaired by the Village of Middleport at the expense of the owner. Meters damaged beyond repair shall be replaced at the expense of the property owner upon receipt of notice from the Village of Middleport.
Rule 27. Each house or building shall have a separate and distinct stopcock, located outside the premises, opposite such premises and on public right-of-way.
WATER SPECIFICATIONS
Rule 28. All water mains shall be installed to Village of Middleport specifications. All water mains, laterals, and services shall have at least 4½ feet of earth cover. Services from curbcock to building should have at least 3½ feet coverage to prevent freezing.
All costs of plans, surveying, constructions, and authorized supervision and material furnished for connecting to or extension of main lines shall be the obligation of the developer of the subdivision or property owners requesting such extension.
Three sets of plans will be submitted, one to meet the approval of each of the following-Ohio Inspection Bureau, Ohio State Health Department, and the Village of Middleport.
All main lines shall have at least 4½ feet of cover and be a minimum of 6 inch line.
Service lines shall be not less than ¾ inch and be covered to a depth of 3½ feet.
Lines shall extend to supply all properties in the addition and have hydrants with one 5½ inch and two 2½ inch standard fittings and hydrant shall be placed every 500 feet with hydrant or blow-off on any dead end to flush and clean line. Hydrants shall be 5¼ inches in diameter and will be painted to Village of Middleport's specifications, which is American Darling, Mueller, or approved equivalent.
Hydrant shall be American Darling, Mueller, AWWA C502 or approved equivalent.
Hydrant watch valve and box shall be installed between main lines and hydrant. All hydrants leads shall be a minimum of 6 inch line.
Main line gate valves shall be installed at location directed by the Village of Middleport. Valves shall be AWWA C-509 gate valve with non-rising stem or equal and all materials used and construction procedures shall conform to Village of Middleport specifications.
Easements for laying and maintaining service must be provided for.
All work shall be inspected by an agent of the Village of Middleport and his time shall be charged to the developer.
Upon completion and approval, the lines will become the property of the Village of Middleport. A standard tapping fee shall be charged each property as herein.
Extensions of the city's water mains will be made only where the customer pays the entire cost of such extensions or where a petition is submitted in proper form by customers requesting an extension of the Village's mains; in such latter case the cost of extension required will be paid by means of special tax assessments on the abutting and benefiting property owners as provided by law.
Rule 29. Your attention is called to Revised Code of Ohio, Section 4933.22, reading as follows:
"No person shall maliciously open, close, adjust or interfere with a fire hydrant, valve, regulator, gage, gate, disk, curbcock, stopcock, meter or other regulator, operating or 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 a water company or furnisher of water, 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 that purpose, or 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".
PENALTIES. Whoever violated Sections 4933.22 of the Revised Code shall be fined not less than twenty-five nor more than three hundred dollars or imprisonment not more than thirty days, or both, under section 4933.99.
Rule 30. In all cases where any servant, employee, apprentice or minor tenant, shall be guilty of any violation of the provisions of the rules of the Village of Middleport or any ordinances pertaining thereto for the management and protection of the Village of Middleport, the landlord, master, mistress, employer, parent or guardian of such person shall be held responsible for the violation or damage as well as the person committing the offense to the Village of Middleport.
Rule 31. Whenever, in these rules, it is stated that notice will be given to the consumer, it signifies that notice left on or sent to the premises where water is consumed shall be sufficient notification.
Rule 32. Village of Middleport tries to give proper notice of water charges, but by law cannot guarantee the delivery of such charges by mail. Owners buying or selling properties should see that proper transfer of ownership is made at the Office of the Clerk and such charges paid to date of transfer of title. Village of Middleport will make every possible effort to collect water charges or assessments as promptly as the nature and volume of its business permit, but no consumer or owner of property shall be relieved from an obligation for assessments that may be unpaid through failure of the Village of Middleport to make collections as provided by its rules.
Rule 33. In the case of a water leak past the meter (therefore the property owner's responsibility) in which it can be shown that the water did not enter the wastewater system, the leak portion of the wastewater portion of the bill may be forgiven by the Village of Middleport. This option may be used only once per year per water meter.
SEVERABILITY
Rule 34. Each section or part of section in these By-Laws and regulations are hereby declared to be a separate and distinct enactment, and should any section or part of section be held inoperable or void, it shall not affect the validity of any other section or part of section.
TAPPING CHARGES FOR WATER
Taps are ¾". Taps for premises located outside the corporation limit maybe granted by the Village of Middleport on a case by case basis. If granted, the tap must be installed within the corporation limit. The owner is responsible for laying the line from the meter tap to the dwelling.
All tapping charges must be paid in full at the current tap fee
No person, being the owner, lessee or occupant of any lands or tenements shall make any use of any water made available thereto by the Village of Middleport, until such owner, shall have filed his written application therefore together with the $50.00 water deposit and the $50.00 wastewater deposit with the Village Water Clerk or other authorized person. All deposits shall be held in the name of the property owner. This provision shall only apply to new account holders applying for service after the date of passage of this ordinance.
ACCOUNTS IN THE NAME OF AN OCCUPANT WHO IS NOT THE PROPERTY OWNER
Any water/wastewater account which is in the name of a person other than the property owner as of the effective date of this ordinance may remain in the name of such person until any one of the following occurs:
Such person vacates the premises; or
A shut-off occurs.
In the event either of the above occurs, in order to restore or provide service to the property, the property owner must make application for water/wastewater service in her or his name and not in the name of a tenant or occupant.
No water shall be furnished to any dwelling, trailer, store, factory, institution or place of business until the owner thereof shall have executed and delivered to the Village Water Clerk or authorized person a written application on a form to be provided by an authorized agent of the Village of Middleport.
(Ord. 102-16. Passed 1-11-16.)