(a) Definitions. The following definitions apply whenever said terms appear in these rules.
(1) "Consumer" means any person who is the ultimate residential user of water/sewer utility services provided by the Village. An example of a Consumer is a tenant in a landlord-tenant lease arrangement, whether it is in written or verbal form.
(2) "Customer" means any person who enters into a contractual agreement with the Village to receive or to pay for residential water/sewer services provided by the Village. Customers may, but need not be, Consumers of the services provided under such a contractual agreement. By reason of Section 925.13 (f) the owners of the property are responsible for the water/sewer bills regardless of any agreement to the contrary between a landlord and tenant.
(3) “Consumer Household" means any Service Address, in which the Customer who is contractually liable for water/sewer services furnished to that address does not reside.
(4) "Customer Household" means any Service Address, in which the Customer contractually liable for water/sewer services furnished to that address resides.
(5) "Billing Address" means the address at which the Customer, who is contractually liable for water/sewer services furnished to a Service Address, receives billings from the Service Village. Billing Addresses may, but need not, be the address at which said services are received.
(6) "Service Address" means any individual residential address at which water/sewer services are furnished to a Consumer or Customer household. The singular may include the plural. Most Service Addresses will be individually metered. However, in apartment buildings, apartment complexes, duplex apartments, etc., one meter may supply more than one household. In such circumstances, each individual apartment is a separate Service Address as that term is used herein.
(7) "Service Representative" means an appropriate impartial supervisory or managerial employee whose other job duties do not include day-to-day responsibility for collecting accounts or screening service applications. The Service Representative must also possess the abilities and knowledge required for the duties of the Service Representative. An Alternative Service Representative, with similar qualifications, will be designated for those times when the Service Representative is unavailable, was previously involved in the matter on appeal, or otherwise is unable to fulfill this important role. The Service Representative shall be empowered and required (when good cause is shown) to compromise and adjust billings; negotiate, defer and compromise disputes as to service requirements or payment demands and to cancel disconnection and/or order reconnection. The Service Representative shall strive to arrange reasonable alternate methods of payment, or reasonable security for payment, in order to preserve water/sewer service, and shall maintain residential water/sewer service without discrimination. The Service Representative shall be familiar with, and able to advise water/sewer Customers and Consumers of agencies, resources, and programs locally available to assist in the payment of water/sewer bills. The Service Representative shall preside at hearings held pursuant to these rules.
(8) "Village" means the Village of Millersburg.
(b) Initiation of Water/Sewer Services. Water/sewer service to Customer or Consumer Households will only be provided after the Customer contacts the Village Office to make arrangements for initiation of water/sewer services. The Customer shall be responsible for all past due water/sewer bills for the Service Address except for those referred to in paragraph (i)(1)B.2.below. After all past due water/sewer bills are paid in full, the Village will then grant or deny water/sewer service to the service address. Every applicant for water/sewer service whose application is rejected will be informed of that rejection by delivery of a completed "Denial of Water/Sewer Service" form attached hereto as Exhibit 4. The form will be completed before delivery by the employee making the decision to reject the application and shall be delivered to the applicant at the time the application is rejected.
(c) Water/Sewer Service Termination Policy.
(1) Water/sewer service to Customer Households or Consumer Households may be disconnected or terminated (hereinafter "disconnection" by the Village only for the following reasons:
A. Non-payment or failure to cooperate with reading, repairing, installing, removing or inspecting meters, inspection of the water and/or sewer lines; or for any other purposes which it may deem necessary to properly safeguarding the interests of the Village and the consumer.
B. Emergencies and repairs;
C. At Customer request, provided that the approval of both the Customer and Consumer of services for that Service Address is necessary if any Service Address affected by the request is a Consumer household;
D. If, upon physical examination, the Village obtains reasonable grounds for and has a good faith belief that, Ohio Revised Code §4933.18 or §4933.19 has been violated by use of a jumper or other by-pass mechanism (1) prior to installation of check valves or backflow protection or (2) which results in bypassing and negating such valves or protection there, while the Village must otherwise satisfy the requirements of these rules, utility service may be terminated immediately upon that discovery, without notice or opportunity for hearing prior to termination. However, in such circumstances, if a Customer or Consumer household affected by such termination thereafter requests a hearing, and establishes that the offending condition has been remedied, utility service will be reinstated, conditioned on continuing good behavior, although the Village does not thereby waive any right of prosecution otherwise granted under the law.
(2) Disconnections other than those with approval of both the Customer and Consumer of service may not occur without proper notice and adequate opportunity for hearing before termination. All water/sewer department employees shall comply with these rules.
(3) No disconnection of service shall occur except after compliance with these rules.
(d) Notice Procedures.
(1) Written notice of proposed disconnection of service, for any reason other than emergencies and repairs or voluntary disconnection as described herein, must be sent by the Village at least THIRTY (30) days, and no more than FORTY-FIVE (45) days, prior to the date for proposed disconnection. These notices will be sent to the Consumer Household (Tenant) and the Customer Household (Landlord). Notices may be mailed with first class postage prepaid to reasonably assure delivery within that time. The date of the notice shall be the date of mailing, and a dated copy of any notice sent shall be retained by the Village in the business file relating to each Service Address referred to in the notice. Notices shall clearly and conspicuously advise any recipient of each of the following facts:
A. Identifying information, including the Service Address to be affected, the account number, the Customer's name and address, and the identity and address of the Village;
B. The date proposed for disconnection if the account is not paid, or hearing requested, or a separate account established;
C. The reason for the proposed disconnection, including (if applicable) the amount claimed to be due; the location and hours at which payment in person can be made; and the minimum payment which, tendered at or before disconnection, is necessary to avoid disconnection.
D. The notice that a Consumer of water/sewer services may avoid disconnection by paying current charges.
E. A notice that a Customer or Consumer of water/sewer services has the right to a hearing to contest the reasons for the proposed disconnection, and that if a hearing is requested, the disconnection will not take place until the hearing process is completed;
F. The name, title, address, telephone number, and hours during which the Service Representative may be contacted to request a hearing, explore payment alternatives or special consideration in hardship cases, or to assume responsibility for future water/sewer charges. This information will appear in all capital letters at the bottom of the notice, after the words, "FINAL NOTICE - IF YOU HAVE ANY QUESTION OR DISPUTE ABOUT THIS BILL CALL THE SERVICE REPRESENTATIVE'S DESIGNEE MARTY GRICE at 330-674-1886"
(2) The notice attached hereto as Exhibit 1 satisfies these requirements.
(3) In the event any Service Address that would be affected by disconnection is a Consumer Household, notice of disconnection of service, in this form and manner, must be delivered to each Service Address so affected, in addition to delivery to the Customer Household.
(e) Emergencies and Repairs.
(1) Disconnection of service may occur without prior notice if emergency circumstances involve imminent danger to persons or property, including a break in a water/sewer service line. Prior notice shall be given by the Village where water/sewer service shall be lost for more than eight (8) hours as the result of routine or scheduled maintenance, so that Consumers of water/sewer service may plan accordingly. If the loss of water/sewer service results from a water/sewer line break or other emergency circumstances, and is expected to, or does last for more than four (4) hours, the Village shall make reasonable attempts to give notice to Service Addresses affected by such loss of service by asking one or more primary radio media in each county affected by the loss of service to publicize the loss of service, the reason for it, and the expected date and time by which the Village expects to restore service.
(2) If, at Customer request, a service must be temporarily disconnected on a non-emergency basis for the purpose of repairs within the Service Address, a "disconnection request" in the form attached hereto must be completed in writing by the Customer contractually obligated to pay for service at the address. If any Service Address that would be affected by disconnection is a Consumer Household (rented by a tenant), disconnection for repair shall not be processed unless an adult Consumer residing at each Service Address that would be affected by disconnection also approves the request. A copy of the disconnection request shall be retained in the Village's business records relating to any Service Address so affected. The Village shall reconnect service disconnected for the purpose of non-emergency repair upon the demand of the Customer or of an adult owner or of an adult Consumer residing at any Service Address so affected.
(f) Voluntary Termination of Service.
(1) A Customer may make a request for voluntary disconnection of water/sewer service. Requests shall be made at the Village water/sewer utility office; shall be made in writing on the "Voluntary Water/sewer Service Disconnection Request" form attached hereto as Exhibit 2 by the Customer contractually obligated to pay charges incurred at each Service Address affected by the disconnection, and shall also be approved in writing by an adult Consumer actually residing at each affected Service Address if any Service Address comprised of a Consumer household will be affected by disconnection. If the Customer is not the Consumer, the Customer must send a copy of the "Voluntary Water/Sewer Service Disconnection Request" to the Consumer at least THIRTY (30) days prior to the effective date of the disconnection.
(2) Upon receiving a request for voluntary disconnection, if the Village's records reveal that the Service Address is different from the Billing Address for that account, or if there is other reason to believe disconnection may affect a Service Address comprised of a household other than, or in addition to, the Customer's household, no voluntary disconnection will be processed:
A. Until a disconnection request form is signed by an adult Consumer actually residing in each Service Address that will be affected by disconnection; or
B. Until a service department employee personally visits each Service Address that will be affected by disconnection and verifies that it is unoccupied.
(3) Service department employees performing such verification shall make reasonable efforts to determine whether the Service Address is occupied or unoccupied, including but not necessarily limited to, checking with neighbors and other utility providers. Service employees performing such verification shall note in writing his/her identity; the date and time of the visit; the efforts utilized to determine the occupancy status of the premises, and his/her conclusions as to occupancy. This investigation may occur during the same visit at which the service employee will comply with the disconnection procedures of subsection (g), below, if the employee reasonably concludes the address is unoccupied.
(4) Service employee notations as to this investigation, and all request forms executed under this provision, shall be retained in the business file kept by the Village relating to any Service Address so affected. The Village will reconnect service upon demand of any adult Consumer of water/sewer service at any Service Address so affected, if this voluntary disconnection provision was not complied with, or if the Village's verification that the property was unoccupied was is in error.
(g) Disconnection Procedures.
(1) Except for emergency disconnections pursuant to subsection (e) above, disconnection of water/sewer service shall not occur after 12:30 p.m. on any day which precedes a holiday or weekend, or any other day on which all services necessary to reconnect service are not available. All disconnections of service shall be documented by a written service order recording the date, time and identity of the service employee effectuating disconnection; such documentation shall be retained in the business file kept by the Village relating to any Service Address so affected.
(2) Service employees dispatched to disconnect service shall not disconnect service until he/she makes reasonable efforts to personally contact the occupants, if any, of each Service Address affected by disconnection to: (1) advise of the disconnection; and (2) verify the propriety of the disconnection. Reasonable efforts shall include, but not necessarily be limited to, knocking at the entry to each individual Service Address, or otherwise attempting to gain the attention of any occupants. If the service employee makes personal contact with the occupants of any such Service Address, and then is able to verify the propriety of the disconnection (which includes but is not limited to verifying the receipt of notice, as required by Part III, above) the service employee shall then deliver to the occupants a turn-off notice which shall clearly and conspicuously advise the occupant(s) of:
A. The date and time of the termination;
B. The reason for termination;
C. If the termination is for non-payment, the amount which must be paid, including any reconnection fee, to have service reestablished;
D. The location and hours of the office at which payment can be made to obtain reconnection;
E. The name, title, address, telephone number, and hours during which the Service Representative may be contacted to discuss reconnection;
F. A Consumer's ability to obtain water/sewer service in their own account, if service was terminated due to non-payment of water/sewer utility charges, if the Consumer does not owe a delinquent water/sewer bill or the bill is now paid in full; and
G. A Consumer or Customer's right to a hearing to contest disconnection or a refusal to reconnect service, although that request will not now postpone disconnection unless it can be established that prior notice of proposed disconnection was not given.
The notice attached hereto as Exhibit 3 satisfies these requirements.
(3) If a service employee's efforts to make personal contact with the occupants of any such Service Address immediately prior to disconnection are not successful, the service employee shall post the turn-off notice in a prominent place at the entry to each Service Address affected by disconnection. The service employee shall document on the service order the efforts made to personally contact the occupants prior to disconnection and the delivery of the turn-off notice, including the date and time such acts were performed and his/her identity.
(h) Hearing Procedures.
(1) Customers or Consumers of water/sewer service who wish to contest a denial of water/sewer service, or the Village's decision as to billing or a proposed disconnection of water/sewer services (hereafter "the person") shall be afforded a due process opportunity to contest the Village's action or inaction prior to termination of service. Due process shall include the right to a face-to-face meeting with the Service Representative, at which time a person may (1) have the assistance of a representative; and (2) may present documentary and/or oral information and/or the testimony of witnesses for the Service Representative's consideration. These persons shall be entitled to reasonable access to the Village's business records concerning the affected Service Address in order to prepare for the meeting, which right of access includes the right to obtain copies of documents found therein upon payment of the actual cost of copying. The Service Representative shall make a written decision after the hearing, which shall include the information presented at the hearing and the reasons for the decision. A copy of the decision shall be delivered to the person; a copy shall be retained in the special decision file; and a copy retained in the business files kept by the Village relating to any Service Address affected by the hearing.
(2) Due process hearings shall be held within a reasonable time after a verbal or written hearing request has been made, but will not be held so quickly as to deny the person an adequate opportunity to seek assistance or to prepare for the hearing, in light of the person's circumstances. Five (5) business days shall generally constitute a reasonable time. The hearing decision shall be sent to the person within a reasonable time after the hearing. If a hearing has been requested prior to actual disconnection of service, no disconnection may occur until seven (7) days after the hearing is delivered to the person who requested the hearing.
(i) Additional Termination Procedures Available in Landlord-Tenant Situations When One Water Meter Services One Consumer Household.
(1) A. Within some landlord-tenant arrangements, as between the Landlord and Tenant, the Tenant is responsible for payment for current water/sewer services, although the Village holds the owner of the property, the Landlord ultimately responsible for the water-sewer bill. As a matter of courtesy, the Village bills the Consumer (hereinafter referred to in subsection (i) as Tenant) directly with a duplicate bill sent to the Landlord. If this is the situation and if the Tenant Household has a separate meter that is read by the Village that shows the use of that household only, subsections (i) (1) A. and B. apply. If service is disconnected, or if disconnection is proposed, due to non-payment of service charges for a Tenant Household, an adult Tenant of water/sewer services in said household may avoid disconnection, or obtain reconnection, if the Tenant pays as a deposit: (1) the amount of past due bill in full attributable to this Tenant, and (2) the reconnection fee if the water/sewer has already been disconnected.
B. At the complete discretion of the Service Representative or his/her designee, the Village may agree to enter into payment arrangements with the Tenant for the payment of the overdue bill in installments. Before doing so the Village will contact the Customer (hereinafter referred to in subsection (i) as the Landlord) to ascertain whether the Landlord agrees to this payment arrangement.
1. If the Landlord does agree, if the Tenant defaults on the installment payment arrangement, the Landlord will be ultimately responsible for any balance due on the past due bill.
2. If the Landlord does not agree, if the Tenant defaults on the installment agreement, the Landlord will not be responsible for the balance of that overdue bill; provided however the Landlord will continue to be responsible for any bill incurred in the past and/or future for which the Landlord is responsible consistent with the provisions in this policy.
3. After the Village has entered into an installment agreement with the Tenant for a delinquent bill, any payment received will first be applied to satisfy the Tenant's obligation under the installment agreement. Thereafter, any amount received will be applied toward the Landlord's obligation under the bill currently due. Violation of any terms of the installment agreement shall be grounds for termination of water/sewer services under this policy.
(2) Within some landlord-tenant agreements the Landlord is responsible for payment of the water/sewer bill. In this circumstance, the Village sends the water/sewer bill to the Landlord only and not to the Tenant. Assuming there is only one meter servicing the Consumer Household, Subsection (i) (2) applies to this situation. If service is disconnected, or if disconnection is proposed, due to non-payment of service charges by the Landlord for a Tenant household, an adult Tenant of water/sewer services in said household may avoid disconnection, or obtain reconnection, if the Tenant pays as a deposit: (1) the amount of past due bill in full attributable to this Tenant, and (2) the reconnection fee if the water/sewer has already been disconnected, and (3) continues to pay on a timely basis the current usage charges.
(3) Regardless of the provisions above, the Village reserves the right to hold the Landlord responsible for any delinquent charges found not to be the responsibility of the present Tenant.
(j) Additional Termination Procedures Available in Landlord-Tenant Situations When One Meter Services More Than One Consumer Household.
(1) Within some landlord-tenant agreements the landlord is responsible to the Village for the water/sewer bill and there are multiple Consumer (Tenant) Households supplied by water that runs through one master meter. Subsection (j) applies to this situation. If service is disconnected, or if disconnection is proposed, due to nonpayment of service charges for current water/sewer services, the Consumer (Tenant) Households who obtain water through the master meter shall have the right to avoid disconnection, or obtain reconnection, if one or more tenants enter into a written agreement with the Village to pay the water/sewer charges attributable to all the water that flows through the master meter. Each tenant entering into this agreement shall be jointly and severally liable for said charges. The Village may require the tenant to pay the charges on a monthly or even weekly basis. Violation of any terms of the agreement shall be grounds for immediate termination of water/sewer services.
(k) Fees for Disconnection and Reconnection.
(1) In circumstances of termination for nonpayment or failure to cooperate to repair a defective meter or failure to cooperate with inspection of water or sewer lines, if a village employee goes to the service address to deliver a termination notice and the consumer or customer makes a last-minute arrangement with the village to maintain service, the customer/consumer will be charged a twenty-five dollar $25 service charge.
(2) In circumstances of termination for nonpayment or failure to cooperate to repair a defective meter or failure to cooperate with inspection of water or sewer lines, if the water is disconnected, the consumer/customer will be charged a thirty dollar ($30) reconnection fee; provided however if the reconnection occurs at a time other than regular working hours (7 AM to 3 PM Monday through Friday) the charge shall be fifty dollars ($50).
(3) In situations where disconnection occurs for repairs/emergency, if the disconnection is performed by a Village employee during regular work hours as defined above, the consumer/customer will not be billed for a service charge. If the service call takes place during other than regular working hours as defined above, the customer/consumer will be billed thirty dollars ($30) for the service call the service call time is less than one hour, plus thirty dollars ($30) per hour for each hour thereafter.
(4) The Village Administrator and Council may waive the above fees for good cause shown.
(Ord. 2017-105. Passed 3-27-17.)