919.08 RULES OF THE WATER DEPARTMENT.
   (a)   Application for Services.
      (1)   Application for water service shall be made in writing at the office of the Engineering Department on its standard form. It shall be the responsibility of the Director to supervise and direct the operation of the Water and Wastewater Department, including the administration of these rules and regulations.
      (2)   All applications involving an original or new service line installation shall be made by and only in the name of the property owner. By this application, the owner shall be deemed to assent, agree and commit himself to all rules and regulations and charges relating to the furnishing and utilization of water service. Subsequent applications may be made by the tenant occupying the premises to be served with water. However, such application will in no way relieve the property owner from being responsible for all water used on such premises.
      (3)   Where the consumer's requirements are usual, the Utility reserves the right to require a suitable contract from the consumer for a reasonable period of time so as to protect the Utility's investment required to render the service involved. See subsection (1) hereof.
      (4)   There shall be set forth on the application the class of service to be furnished; i.e., whether residential, commercial, industrial or as defined in the rate schedule.
      (5)   The City reserves the right to require that all future dwelling units be individually metered and plumbed before water service is established. For new installations, the City further reserves the right to require that each separate building have separate service and meters; also for new buildings designed for multiple occupancy that each occupancy unit be separately metered.
      (6)   For a fire line service, see subsection (j) hereof. No new or additional fire service line extensions may be made except where consumer purchases one hundred percent (100%) of his water requirements from the City Utility unless by special agreement as per Section 919.04.
      (7)   The consumer shall advise the utility of the purpose for which the water will be used and the probable quantity required. The minimum and other charges shall be determined by the size of the meter service installation as set forth in the rate schedule.
      (8)   Where the application for service requires a tap and a new service line the consumer will make a cash payment in advance before work is commenced to cover the expense involved.
   (b)   Tap and Service Line Installation.
      (1)   The Utility will make the necessary tap and will furnish, install and maintain the service line extending from the water main to the consumer's side of the meter/meter yoke when the meter is located outside in the meter pit. When the meter is located inside the consumer's building, the Utility's responsibility ends at the curb stop. The curb stop will be installed by the Utility in the utility easement or right-of-way.
      (2)   In the case of a new multiple lot subdivision or development, all taps and service lines must be installed at the time the water mains are installed. The service line installed shall extend from the main to and include the curb stop. The installation will conform to the standards and specifications of the utility.
      (3)   In all cases where new water mains are being installed, every owner will be required at his expense to have installed by the utility, at that time the tap, service line, service shut off valve and box for each lot, regardless of when the lot is to be occupied. The appropriate minimum charges as per Sections 919.07 will be made.
      (4)   For further details as to the other facilities to be installed by consumer and utility and use of service by consumer, see subsections (h) and (i) hereof.
      (5)   In all cases where an existing property is being redeveloped, rehabilitated, the owner shall be required to bring all service lines up to the City's current standards. (i.e. inside meters to outside installations into pits, installation of approved backflow prevention as either containment or DCDA, separate services as fire and domestic lines, etc.)
      (6)   For service laterals to trailers, meters shall be placed in pits at the City's easements. All service lines laid from the curb shut-off are required to be minimum 3/4" K-type soft copper, with flared fittings to the service shut- off valve beneath the trailer connecting to the structure shall consist of material approved by the Ohio Plumbing Code.
   (c)   Meter Installation.
      (1)   The meter installation to record consumer's consumption requirements shall be located outdoors in a meter pit in the utility easement or right-of- way by the utility and shall be so located so that the meter will not be subject to freezing under normal water use conditions of the consumer. Any freezing of meter, due to the premises being unoccupied and/or no water use, shall be the responsibility of the owner. When it is impossible for the water meter to be installed in the pit, the location shall be determined by the Water and Sewer Commission.
      (2)   The Utility will furnish, install, maintain and own all the meter housings, curb stops, meter mounting yokes, meters and accessory equipment.
      (3)   In the event the meter is located inside the consumer's building, all of the piping, valves and appurtenances on the consumer's side of the curb stop shall be furnished, installed, maintained and owned by the consumer. In the event the meter is located outdoors in the meter pit, all other piping, valves and appurtenances on the consumer's side of the meter/meter yoke shall be furnished, installed, maintained and owned by the consumer.
   (d)   Use of Service.
      (1)   Due to health considerations and on account of possible contamination of the utility's water supply, no cross connections whatsoever will be permitted between another or foreign water supply and/or piping system and utility's water supply and/or piping system. Further, no connection of any kind whatsoever will be permitted that would make it possible for any other water supply sources, including drainage, wastewater or other contamination, to enter utility's water system. The utility also reserves the right to refuse to furnish service or to discontinue service after same has been once established where possible water contamination can result from use of the water service by the consumer.
      (2)   For fire protection service see subsections (j) and (i) hereof.
   (e)   Billings and Payments.
      (1)   All bills for water and wastewater service may be rendered monthly or quarterly, at the option of the Utility and is payable on or before that date specified on the bill. If not paid, the gross rate shall apply, which is the net rate plus ten percent (10%). Failure to receive a bill will not entitle the consumer to the net rates nor the remission of any charge for nonpayment within the time specified.
      (2)   In the event of the stoppage of or the failure of any water meter to register the full amount of water consumed, the consumer will be billed for such billing period on an estimated consumption basis which will be based upon consumer's normal use of water in the similar period during the time the meter was registering correctly.
      (3)   In the case of a question arising as to the accuracy of the meter, the consumer shall request the utility to test the meter. If the meter is found to be correct within two percent (2%) the utility shall reserve the right to charge the consumer sixty dollars ($60.00) within the City limits for making such a test; otherwise, the expense of the test shall be borne by the utility. Any adjustment to be made where a meter inaccuracy in excess of two percent is found shall not cover a period of water usage in excess of one year.
      (4)   All meter readings and billings shall be in either 100 or 1,000 cubic feet, depending upon the size of the meter.
      (5)   For service involving a partial billing period and where either the initial billing period after service is first established or the final billing period up to the time of discontinuance of service by the consumer is less than the regular billing period, the following billing procedure will apply:
         A.   When service is initially established to the consumer or where the consumer's account is being transferred from one location to another and the period of service involves seven days or less of the utility's regular billing period, the consumer's initial usage at the new location will be carried over into the succeeding regular billing period at that location and shall be combined with and considered as part of same.
         B.   For all other service furnished for a partial billing period, including all final bills, the bill shall be calculated in accordance with the rate blocks and charges, including prorated minimum charges, as set forth in the applicable rate schedule.
      (6)   A consumer who intends to move from the premises or discontinue the use of water or in any way terminate his liability hereunder, shall give the utility reasonable notice of such intention and the consumer and/or owner shall be liable for all water that may be used upon the premises until such notice is given and the utility has made the final reading.
      (7)   Adjustment may be made to water billings by the Water and Wastewater     Commission on the presentation of evidence sufficient to prove the excessive water use was due to damage to the underground service line from the primary structure served to the shut-off valve.
   (f)   Responsibility of Payment of Bills by Property Owner. The present owner of record of the real estate to which water service is furnished shall be responsible for the payment of all water bills for such service, irrespective of who incurred such unpaid bills or when such bills were incurred or who occupied the property at the time the bills were incurred. (This does not include any bills incurred by a previous owner.) All unpaid water bills shall be assessed as a tax lien against the property involved, collectible according to law.
      (1)   All gross bills and other charges due for water service, if not paid within ninety days after the same are due and payable, shall become a lien upon the premises being supplied and/or having the ability to be served by the water utility. Such a lien shall be certified to the Auditor of Knox County, at which time the lien shall vest and the Auditor shall place same on the tax duplicate of the County, together with the interest and penalties allowed by law and be collected in the same manner as other taxes.
      (2)   After such certification to the County Auditor, the Director is authorized to shut off water service to such premises until all unpaid water service charges have been paid.
   (g)   Access to Premises. Any identified representative or employee of the Water and Wastewater Department shall at all reasonable hours have access to the premises of the consumer for the purpose of examining pipes, meters, connections and other appurtenances involving the utility's water supply and for the further purpose of examining, replacing, repairing or removing any meter, piping, instrument or connection that is part of the utility's water system; also to ascertain that all requirements as to "Use of Service" as set forth in subsection (d) hereof are complied with.
   (h)   Utility's Installation.
      (1)   The utility will make and install the necessary water service tap as provided in subsection (b) hereof after the required cash payment or deposit has been made.
      (2)   The utility shall not be required to furnish service to the consumer until a reasonable time after the application has been accepted by an authorized agent of the utility.
      (3)   The utility will operate, maintain, and repair the service line and appurtenances extending from the main to and including the curb stop, and meter. When the meter is located outside in the meter pit, the Utility will install and maintain any part of the service line on the City's side of the meter.
      (4)   No person other than an employee of the Water and Wastewater Department shall tap a water main or extend a service in the street from the main to the curb; provided however, that where a developer is making a number of taps, the Director may, at his discretion, permit the developer to make his own taps, provided such taps are made in accordance with the specifications of the Utilities Commission.
      (5)   All service lines from the main to the structure service shall be of not less than three-fourths inch inside diameter of Type K soft copper pipe.
      (6)   Normal maintenance and repair of the meter will be done by the Water and Wastewater Department at its expense. However, extraordinary maintenance and repairs caused by freezing, backup of hot water through meter or by other negligence on the part of consumer shall be paid for by consumer. The utility shall bill the consumer for all materials, including replacement of meter, if necessary, labor, transportation and other properly chargeable expense.
   (i)   Consumer's Installation.
      (1)   The utility reserves the right to refuse service or to discontinue service after establishing the consumer's installation is of such nature that it would jeopardize, contaminate or otherwise affect the service to other consumers.
      (2)   Consumer's installation shall conform to State or National Plumbing Code or other governmental authority having jurisdiction over same, and regular water service shall not be established until consumer's installation is inspected and approved by the Utility.
      (3)   All consumers shall have shutoff valves installed at a suitable location to be specified by the utility before service is established or reconnected.
      (4)   When the meter is located outside in the meter pit, the service line and all connections extending from the consumer's side of the meter/meter yoke shall be furnished, installed, maintained and owned by the property owner. When the meter is located inside the consumer's building, the service line and all connections extending from the curb stop to and throughout the consumer's premises shall be furnished, installed, maintained, operated and owned by the property owner.
      (5)   All property owners shall maintain, at their expense, their service line and connection in good repair. All service lines shall be located below the frost line, four feet below grade, in order to protect them from the frost or other damage.
      (6)   Consumer shall have an adequate number of valves and drain valves and his piping so arranged that water can be drained so as to prevent freezing of the meter.
      (7)   The City reserves the right to require the consumer to install in his water piping system a suitable check valve, the installation of which shall be approved by utility, so as to prevent hot water excessive pressures from entering utility's system. If the water meter is damaged by hot water, steam, rough use, or any cause other than natural wear and usage, the consumer shall be charged the amount of the repair. The amount shall be placed upon the water and wastewater bill of the consumer for the succeeding month and shall be due and payable within the payment period specified for bills. If the amount of charges is not paid within the time provided for the payment of such bill, the water service may be discontinued as in other cases for nonpayment of bill.
      (8)   In order to avoid possible contamination of the utility's water supply, under no condition will any cross connection be permitted between any piping of consumer and any other sources of water supply or drainage. When any such cross connections exist, the utility reserves the right to immediately shut off, without notice, its water service to the consumer involved in which event service will be reestablished until the condition, at owner's expense, is corrected to the Director's satisfaction.
      (9)   No person without a written permit from the Director is allowed    to turn a stop cock, hydrant, or valve of the utility other than as provided; excepting, however, members of the Fire Division in the performance of their duties. In case trouble occurs between the main and the shutoff valve or in the meter the Water and Wastewater Department should be called.
   (j)   Fire Protection Service. Where water main extensions are required solely for the purpose of providing only fire protection to the consumer, the consumer shall pay the entire cost of such special mains including any special or check meters required as provided for in the rate schedule. In no event will special extensions of water mains be made to provide fire protection service, unless the consumer agrees in writing to purchase one hundred percent (100%) of his other water requirements from the utility.
   (k)   Temporary Service. Whenever the service requested by the consumer is temporary, special short term or emergency, the written application or contract for such service shall specify the period of service, the character of service and the consumer shall pay for all extra charges involved in connection with the installation and removal of the service and connections together with all material, labor and other expenses incidental thereto.
      (1)   Temporary service shall be defined as water service that is to be furnished to establishments or for purposes that are, in the opinion of the Director, considered to be nonpermanent in character.
      (2)   The rate to be charged for such temporary service shall be that specified in the City's commercial schedule.
   (l)   Line Extensions. Extensions of the utility's water mains will be determined by the Utilities Commission and the consumer shall pay such cost of extensions as provided in Utilities Commission's "Line Extension Policy". Where a consumer, group of consumers or developer pay for the cost of a special extension, the terms and security of payments shall be as prescribed and shall meet approval of the Utilities Commission.
   (m)   Utility's Liability. The utility will use reasonable diligence in supplying a regular and uninterrupted supply of water but shall not be liable for damages in case such supply should be interrupted or fail by reason of an act of God, the public enemy, accidents, strikes, legal processes, other governmental interferences, breakdowns or injury to the machinery or water distribution lines of the Utility or for extraordinary repairs.
   (n)   Consumer's Liability.
      (1)   The consumer as referred to throughout this chapter is defined as the owner inasmuch as the property owner is, according to law, responsible for payment of all bills and is the owner of the necessary piping and connections beyond the service shut off.
      (2)   The consumer shall be responsible for any tampering, interfering with or breaking of the seals of meters or other equipment of the utility installed on the consumer's premises and will be held liable for same including any illegal diversion of water according to law.
      (3)   The consumer agrees that no one except the employees of the Water and     Wastewater Department shall be allowed to make any internal or external adjustment of any meter or any other piece of apparatus which is the property of the utility.
      (4)   Only employees of the Water and Wastewater Department shall have the     authority to turn the water service on or off at the shutoff valve and no other person shall be permitted to turn such water on or off without first having authorization for a permit from the Director in each and every instance.
   (o)   Other Use of Water Service. No person shall take water for private usage from any public building or from any fountain, hydrant or other opening without the written consent of the Director.
   (p)   Discontinuation of Service. The utility reserves the right to discontinue the supply of water for any of the following reasons:
      (1)   The nonpayment of water and wastewater bills, including other charges referred to herein.
      (2)   For repairs or unavoidable shortage or interruptions in the source of supply.
      (3)   If the consumer's water consumption or requirements or connections are     detrimental to the water system as supplied to other consumers or to utility's water system in general.
      (4)   For fraud or illegal diversion of water.
   Whenever service is discontinued for nonpayment of accounts or fraudulent misrepresentation, a charge will be made by the utility to cover the cost of disconnection and reconnection when same is again established.
   (q)   New Paving; Water Connection Shall Be Made to Unserved Lots. Where a street is to be paved, the property owners of all lots for which a water connection and service line is not already installed shall be required, as provided by Ohio law, to make the necessary water tap connection, pay the tap fee and conform to the other requirements as are set forth in these general rules.
(Ord. 2017-09. Passed 3-27-17; Ord. 2019-38. Passed 12-23-19.)