(a) The Rules and Regulations hereinafter set forth in this chapter shall be considered a part of the contract with every person, property owner, company, corporation or contractor that are supplied with water service through the municipal waterworks system of the Municipality and every person, property owner, company, corporation or contractor by filing an application, paying the fees and receiving service, shall be considered to express his or their consent to be governed by the Rules and Regulations stated herein.
(1) When such application for water service shall have been executed and filed, it shall constitute a contract between the party executing it and the Water Department and shall remain in full force and effect until withdrawn by the executing party or service terminated by the Water Department. But such termination by the Water Department shall not render void anything occurred thereunder in favor of the Water Department up to the date of such termination.
(2) The application and permit shall be in the name of the public agency, person, corporation, business or company owning the property. In event a public agency, business, corporation or company is on the same property as a residence, the permit shall be in the name of the business, corporation or company.
(b) No person, property owner, firm or corporation including contractor or temporary user shall use any water service until the appropriate application has been fully paid and approved by the Water Department.
(c) Except in the case of property owned by the Municipality, no person, corporation, public agency, partnership or association shall connect, or cause to be connected any building or other structure either directly or indirectly with the Municipal water works without first securing a permit from the Water Department. In addition, prior to the issuance of such a permit, the applicant shall shall pay the charge provided for in the Rate Schedule and all applicable charges determined in accordance with any other provisions of these Rules and Regulations.
(d) No person shall take water service for private use from any public building place or fixtures such as fountains, etc., for which free service is provided, without securing a permit to do so from the Water Department. See Section 927.04
(e) No person, property owner, corporation, or contractor receiving water service shall supply water to another person, property owner, corporation or contractor. There shall be one meter per unit unless special permission is granted by the Water Department. Multi-family dwellings; business; industry with multiple structures or shopping centers shall be serviced individually, unless special permission is granted by the Water Department.
(f) (1) No person shall tamper with, damage, or obstruct any portion of the Municipal waterworks system. No person other than authorized personnel shall open or close any curb box, valve box or shall turn on or off any curb stop, valve or fire hydrant unless permission in writing is first obtained from the Superintendent.
(2) If within the Municipal waterworks system any Meter Seal is broken, any by-pass inserted or any part of the service line has been tampered with for the purpose of obtaining unmetered water, the service shall be turned off and shall not be turned on again until the violator has paid a penalty as shown in the Rate Schedule; the appropriate turn-off and turn-on fee; and a charge for the estimated quantity of water which has been used and not registered as prescribed by the Municipality; plus the cost to restore the meter to proper working order; and any other necessary expense. Violators are also subject to arrest under the applicable sections of the Ohio Revised Code, which statutes shall be enforced to the utmost protection of the municipal waterworks system of the Municipality. Licensed Plumbers may install temporary by-passes to test the lines on new installations.
(g) (1) Certain conditions may hamper meter reading. If this should occur, the Water Department reserves the right to estimate the bill with any adjustment being made with the next meter reading. The owner of the house, apartment, business or industry is responsible to see that the meter reader is permitted access on his regular reading route. Cards may be left for the customer to read his own meter when the meter reader cannot gain access. Meters must be read at least once each year (after three estimates) or service may be discontinued until the situation is corrected.
(2) Meters will be read quarterly. The Municipal service area is divided into three billing zones as indicated in the following table.
SCHEDULE OF BILLING ZONES ZONES READING MONTH SERVICE TURN OFF A March, June, September February, May, August, and December and November. B January, April, July March, June, September, and October and December. C February, May, August April, July, October and November and January. |
(3) The bills will be mailed between the first and the tenth day of the month in the billing period. Payment must be received on or before the fifteenth day of the month. When the fifteenth falls on a Saturday, Sunday or holiday that is observed by the Municipality the first business day thereafter shall be included in the period. Final notice shall be sent to those properties whose bills are not paid by the twenty-fifth day of the month. If payment is not received by the tenth day of the following month, the service shall be turned-off, without further notice. The service shall not be "turned-on" again until charges and fees are paid in full. No partial payments shall be accepted without approval of the Water Department.
(4) Any person, firm, corporation or residence having a delinquent account shall not be given water service at any new location until all delinquent accounts, charges and fees are paid in full, including the applicable turn-on fee.
(h) The Service Director and his authorized deputies, (inspectors, meter readers and other employees), whose duty is to enter upon private property to read or examine meters, pipes or other fixtures, shall have free access at all reasonable hours to all parts of the building for the above purposes. In case any authorized deputy is refused admittance to the premise or shall be prevented from making such examination, the water service may be "turned-off" and shall not be "turned-on" again until access is given and applicable fees paid.
(i) Any person, firm or corporation may discontinue service by proper notice to the Clerk. Upon proper request the meter will be read or upon request from the property owner, it will be "turned off".
(j) Water charges shall be the responsibility of the property owner, however; payments will be accepted from the tenants. It is suggested that property owners require a deposit from their tenants to cover water charges.
(k) (1) The Water Department reserves the right to remove any meter from any premises and substitute another meter in its place. The Municipality will on its own initiative undertake to test and correct any meter which in its judgment is registering incorrectly without the consent of the customer.
(2) Upon request from any owner or consumer, and payment of a test charge as per schedule the Municipality will remove the meter for testing purposes. If upon examination and test it is found that the meter registered outside the tolerance limits of AWWA C708-76, latest revision thereof, the meter shall be considered inaccurate, the fees will be refunded and a new meter installed.
(l) If a meter fails to register between readings, the bill will be estimated on the basis of consumption for a three month period computed as the average of the past four quarterly readings when service was supplied and correctly metered.
(m) Owners buying or selling properties shall see that proper transfer of ownership is made at the Water Utility office and charges are paid to date of transfer. The utilities office shall make every effort to collect all charges and/or penalties as promptly as the nature of business permits but no consumer or owner of property shall be relieved from the obligation of unpaid utility charges and penalties by failure of the Water Department to make collections as provided in the Rules and Regulations.
(n) When a leak or break occurs in a service line, the Water Department will make repairs between the main and the curb box. The property owner is responsible for repairs between the curb box and the building. If upon digging, the Water Department finds the break on the house side of the curb box, the owner shall be charged the cost of excavation. Owner repairs must be made within a reasonable time or the water service will be discontinued to prevent wastage with a "turn-off" and "turn-on" charge imposed.
(o) In case it becomes necessary to "turn-off" water service because of a violation of any rule or regulation of the waterworks system, a charge as provided for by Administrative Policy shall be made.
(p) Only the Clerk and his duly authorized regular collecting agent, is authorized to receive or receipt for any payment for Water Service, or any other charge, fine or fee defined herein.
(q) Any charges for Water Service or any miscellaneous charges accrued in any manner herein, shall constitute a lien upon the property served, and if not paid when due, shall be certified to the County Auditor, and be collected in the same manner as other Municipal taxes are collected.
(r) Water meters shall be installed in a horizontal position, inside the building, and at a point on the incoming services pipe, as close as possible to the building or foundation wall. All new services shall be metered using remote reading meters. The property owner shall provide suitable housing facilities for the meter in a place readily accessible; and shall at all reasonable times insure unobstructed access to the Water Department or its authorized agents and employees, for reading, inspection, repair, or removal. The property owner must provide a stop and waste on the inlet side of the meter and as close thereto as the details of construction will permit.
The Water Department shall maintain all meters installed without cost of the property owner. Meters damaged by abuse, misuse or accident, and by freezing, not by normal wear and tear, will be repaired and replaced at the cost of the owner of the property being serviced. Only 5/8" meters, faulty due to fair wear and tear, will be replaced at the expense of the Water Department. For residential users that have meters larger than 5/8", repair or replacement of the meter will be at the expense of the property owner, minus the amount for a 5/8" meter. All meters larger than 5/8" used by nonresidential customers will be repaired or replaced at the property owners expense.
(s) When the water meter cannot conveniently and safely be installed within a building, the owner of the property shall construct a water meter box or vault of concrete, or other material, protected against surface water leakage, at a place approved by the Superintendent before construction is commenced. Such boxes or vaults shall be kept free of snow, ice and other obstructive materials by the owner of the property.
(t) No person except an authorized employee of the Department of Water will be permitted to tap or make any connection with the mains or distribution pipes of the Water Works.
(u) Fire hydrants are intended primarily for the use of the Fire Department and such use must not in any way be interfered with. Permits for their use for other purposes are given reluctantly only in cases where their use cannot be avoided, and penalties for their unauthorized use are provided by these Rules and Regulations.
(v) Operating of fire hydrants and the drawing of water therefrom by unauthorized persons is strictly prohibited. Violators of this rule will be required to pay a fee to cover expense and damages incurred, as well as being subject to such other penalties as may be provided by law.
(w) No person except an authorized employee of the Municipality shall open, operate or remove the nozzle cap from any public or private fire hydrant to which water is supplied in whole or in part by the Municipal Water Works, or draw water therefrom except for the purpose of extinguishing fires, without first having secured the necessary permit to do so.
(x) Meters will be furnished by the Water Department to all applicants upon proper application to the Clerk for service. Cost of the meter to the applicant shall be an indicated in Chapter 925.
(y) When water use for present quarter plus the previous two quarters exceeds 200,000 gallons per quarter, gallons billing will be made monthly. If water consumption does not exceed 200,000 gallons for four consecutive quarters after monthly billing has been initiated, billing shall be quarterly upon written request of user.
(Ord. 36-86. Passed 1-27-87.)
(z) All rental property owners, lessors or authorized agents of rental or leased property who rent to tenants who are required to file an occupancy report with the Village Water Utility Clerk within ten (10) days of renting a property to a new tenant. In addition, rental property owners are equally required to file a change in occupancy report within ten (10) days of the vacation of said property by an existing tenant. Said occupancy report or change in occupancy report shall contain the name, phone number, address, and date of tenants that move in or out.
(Ord. 8-14. Passed 4-8-14.)