(a) The billing and collection of sanitary sewer charges is hereby delegated to the Administrator, to be assessed, levied, and collected quarterly in conjunction with the collection of the Village water service charges. To insure that the revenue collected is sufficient to support the system a periodic audit shall be conducted and the rates shall be adjusted accordingly.
(b) All users shall be billed for sanitary sewer charges; no free service shall be provided, except as otherwise provided in any ordinance authorizing an indenture securing revenue bonds issued for construction of the system or portion thereof. No lot, parcel of land, building or premises now or hereafter used by the Village for municipal purposes shall be subject to the sewer charges in this chapter nor shall any water supplied by the Municipal Waterworks System for extinguishing fires, cleaning fire apparatus or furnishing or supplying water to fire hydrants be used to determine any sewer charge.
(c) The billing statement shall show the separate figures for user charges, and extra strength surcharges.
(d) Sanitary sewer charges shall be billed quarterly, and shall be due on or before the 25th day of the billing month.
(e) If a new user or a user whose service has been terminated for any reason is obligated to pay only the minimum sanitary sewer charges imposed by this Ordinance, said charges shall be prorated from the date said service is initiated or to the date said service is terminated.
(f) A penalty of 10% of the balance due shall be charged for any payments received after the due date and shall be considered delinquent.
(g) If the user is not the owner of the premises served, the owner shall be notified by the Village of the user's delinquency in sanitary sewer charges provided the owner has previously requested in writing such notification from the Village.
(h) A collection fee shall be charged to the user if the user's account becomes delinquent and is sent to a collection agency for processing. Said fee shall be the amount required by said agency to begin its collection efforts.
(i) An additional penalty of 5% of the balance due shall be charged if the delinquent payments are certified to the County Auditor for collection.
(j) A fee of $15.00 shall be charged in the event a user pays the balance due by means of a check and the check is returned unpaid, for any reason. If the same check is used to pay for both sanitary sewer charges and water charges, only one such fee shall be charged, which fee shall be credited to the sanitary sewer portion of the billing statement.
(k) Sanitary sewer charges shall constitute a lien against the premises served, regardless of whether the user is also the owner of said premises. For all sewer charges which have not been paid within 90 days of the due date, the Village Administrator may certify delinquent sanitary sewer charges to the Holmes County Auditor for placement upon the tax duplicate and collection as real estate taxes are collected, in accordance with the Ohio Revised Code.
(l) The Administrator is authorized to discontinue a delinquent user's water service, sewer service, or both (whichever is more practical to the Village, in the Administrator's opinion), at any time after the charges have become delinquent and the user has been given notice of the delinquency.
(m) Each multi-unit user with one water meter and no wastewater meter shall inform the Village of the number of units served by said meter.
(n) Complaints and Appeals. The following administrative complaint and appeal procedure shall apply to users who wish to complain that sanitary sewer charges levied against them by the Village have been computed or levied in a manner other than that allowed by Chapter 929 or to complain that other actions have been taken by the Village in a manner other than that permitted by this chapter.
(1) A written complaint shall be filed with the Administrator, and shall specifically explain the grounds for the user's objections to the sanitary sewer charges levied.
(2) The user's obligation to pay the sanitary sewer charges or other penalties as levied shall not be suspended during the pendency of the complaint and appeal process, unless specifically allowed by the Administrator due to extraordinary circumstances.
(3) The Administrator shall inquire into the matters alleged in the complaint.
(4) The Administrator shall forward a copy of the complaint, or a summary thereof, to each member of Council.
(5) Council shall schedule a hearing at a Council meeting or at a special meeting to hear the complaint, which hearing shall be not less than 10 or more than 30 days after the Administrator's receipt of the complaint. Notice of the hearing shall be sent to the user by certified mail return receipt requested and by ordinary mail.
(6) The hearing shall comply with the requirements imposed by Chapter 2506 of the Ohio Revised Code. The user may appear in person and by counsel at said hearing, examine all witnesses, and present the grounds for the complaint. All testimony shall be given under oath. If the user wishes to have a stenographic record made of the proceedings, the user shall arrange and pay for the costs of the same.
(7) Council shall render a decision within 10 days after the conclusion of the hearing. Said decision shall be in writing, shall contain the findings upon which the decision is based, and shall be signed by the President of Council. A copy of the decision shall be sent to the user in the same manner as notice is to be given pursuant to this chapter.
(8) The decision of Council may appealed to the Holmes County Common Pleas Court on questions of law and fact pursuant to Chapter 2506 of the Ohio Revised Code. Said appeal must be filed within 10 days from the receipt of Council's decision. (Ord. 2010-107. Passed 1-24-11.)