(A) Purpose and intent. The purpose and intent of this section is to penalize late utility charges in order to encourage timely payment of utility charges incurred under this Title V.
(B) Definition. For purposes of this section, UTILITY means all water, sewer and trash charges, including, but not limited to, any and all charges arising from this Title V and any and all charges arising from an enacted ordinance or resolution relating to, amending or supplementing this Title V.
(C) Unpaid charges a lien; owner liable.
(1) Each and all utility charges are made a lien upon the corresponding lot, parcel of land, building or premises served by a connection to the water system of the city, and if the same is not paid within 60 days after it becomes due and payable, it shall be certified to the County Auditor, who shall place the certified amount on the real property tax list and duplicate of the property served by the connection. A penalty charge of 10% on the amount that is due and payable shall be added to the certified amount, plus an administrative charge for handling of $50. The total certified amount shall be collected as other taxes are collected. The city shall provide the owner of property with written notice of the impending certification at least 30 days prior to the certification. For any procedure not specified in this section, refer to R.C. § 743.04.
(2) The city may also collect unpaid utility charges by actions at law, from an owner, tenant or other person who is liable to pay the charges.
(3) The owners of real estate premises installing or maintaining utility service shall be liable for all utility charges incurred for service at said premises.
(4) The division will directly bill a tenant for utility service if the property owner, or authorized agent of the property owner, along with the tenant, sign a written agreement authorizing direct billing of the tenant. Once a written agreement is signed, the division will simultaneously mail, to both the owner and the tenant, if requested, copies of any bills and notices concerning delinquent utility charges. This requirement shall affect contracts made on or after the effective date of this division (C)(4).
(5) Direct billing of a tenant shall be in no way construed as to relieve the owner of the real estate premises of liability for utility service charges. No direct billing of a tenant will be allowed where all delinquent utility charges are not paid in full up until the date the direct billing agreement is accepted by the city, or where utility service has been terminated for real estate premises.
(6) The owner of real estate premises by installing or maintaining utility service from the city is deemed to assent to all rules and regulations of the appropriate Utility Department and ordinances of the city pertaining to utility service and distribution.
(Ord. 80-21, passed 9-27-2021) Penalty, see § 10.99