(a) In General.
(1) As used in this section:
A. "Director" means the Director of Public Utilities.
B. "Division" means the Division of Public Utilities Operations
C. "Employees" means all necessary persons appointed by the Mayor upon recommendation of the Director and with the concurrence of Council, or otherwise employed by the City, to perform duties, serve the term of employment, and receive compensation for positions created by law, subject to removal for violation of any of the rules and regulations of the City or for any other just cause in accordance with the applicable civil service regulations.
(2) Office hours of the Division of Public Utilities Operations shall be from 7:00 a.m. to 3:30 p.m. daily except Saturday and Sunday.
(b) Rules.
Rule 1. These Rules shall be considered a part of the contract with every person, that is supplied with water through the water works system of the City, and every such person taking water shall be considered to have expressed his or her consent to be governed thereby.
Rule 2. The City does not guarantee quality of service. The supply of water to all parties for any purpose whatever is subject to the understanding that the consumer is not guaranteed a fixed or continuous pressure, or a guarantee of the water delivered as to quality, purity, or temperature, the same all being subject to the variable conditions and maintenance of the water works system.
Rule 3. Water mains may be shut off without notice. In case of breaks in mains, services, pumping machinery, reservoirs, or other water works equipment; for the purpose of tapping, extending, repairing, replacing or cleaning mains; and in the case of emergency circumstances in which the City reasonably believes it is necessary to shut off certain service in order to avoid risk of substantial injury to person or property, including but not limited to fire, the water may be shut off without giving notice and no claims shall be considered for damage of any nature whatsoever arising from such action, although, under ordinary conditions, consumers shall be notified.
Rule 4. The Division of Public Utilities Operations reserves the right, through its authorized agents, to enter the premises to which its service extends, at all reasonable hours, for the purpose of reading, repairing, installing, removing or inspecting meters for the purpose of inspecting the piping systems thereof, or for any other purposes which it may deem necessary in properly safeguarding the interests of the City and the consumer. When such access is refused, the Division may at its sole discretion either: (a) Terminate water service until the City’s request has been complied with and an “off and on” charge of twenty dollars ($20.00) for consumers in the City, or thirty dollars ($30.00) for customers outside the City, has been paid, with service not to resume unless access to enter premises is made available and the City has completed the required work; or (b) Assess on the bill a fee of not more than fifty dollars ($50.00) per billing period to reflect additional costs to the Division arising from the customer’s failure to provide access, with the fee to continue on the bill until access to enter premises is made available and the City has completed the required work; or (c) If the customer has allowed the Division access and the customer objects to the installation of a wireless meter reading device, the customer will be assessed twelve dollars ($12.00) per billing period to reflect the additional costs to the Division arising from the customer’s failure to comply with City equipment upgrades and modifications.
Rule 5. An application for water and/or sewer service shall be made on a form approved by the Director of Public Utilities.
Rule 6. All water services must be metered, excluding firelines, in accordance with this subsection.
Rule 7. All applications for the use of water from the City must be made in writing by the owner of the premises on the form provided by the Division of Public Utilities Operations. When a final meter reading is ordered for transferring service, a reading must be obtained from the meter and the remote reading meter. If access to the meter is unavailable, the water shall immediately be turned off and not turned on again until an "off and on" charge of twenty dollars ($20.00) for customers in the City, or thirty dollars ($30.00) for customers outside the City, is paid. Service shall not be turned on again unless access to enter the premises is made available. Any party desiring water service from the City who has a past record of nonpayment of water rental charges shall not have water service until such time as a cash deposit equal to one- half the prior normal annual billing amount has been paid to the Division of Public Utilities Operations. If a customer moves within the City service area, a deposit shall be required for the new address and the previous deposit shall be refunded upon payment of the final bill for the old address.
If the City is required to attempt to turn off the water service to any customer for any violation of its service application or agreement, or of these Water Rules, then a charge of twenty dollars ($20.00) for customers in the City, or thirty dollars ($30.00) for customers outside the City, shall be paid, irrespective of whether or not the water service is actually turned off.
Any real estate company licensed by the State may sign an agreement on a form provided by the Division of Public Utilities Operations to guarantee the payment of water bills to clients' homes on a temporary basis. Such agreement shall cover any and all such homes as such real estate company desires to guarantee such service from time to time. The Division shall provide a code to the company, which code shall be used by the company when communicating with the Division its desire to accept the obligation of the service to such homes.
Rule 8. Any water meter installed after the effective date of this rule shall be a remote reading meter. Any water meter two inches or larger shall require a bypass around it.
Rule 9. The Director shall require a permit for the installation of more than one master meter on a service branch supplying an apartment building or a building containing more than one distinct apartment, or more than one commercial or industrial enterprise, when plans showing the piping arrangements are submitted to and approved by the Director. In cases where additional meters are installed, it shall be required that:
A. The meters shall be contained compactly or in a meter room, and that each be controlled independently of the others; and
B. The Director may assume responsibility for the installation and maintenance of the meters under the terms of an agreement made with the owner.
For each water tap there shall be one meter. A second meter shall be allowed as a sprinkler meter, if desired. Fire line taps require no meter.
Rule 10. Water for construction, private or public, shall be furnished on the regular water rates, unless otherwise provided by the Director. Bulk water may be provided under conditions established by City Council.
Rule 11. Every meter is registered by a service number and applies to street number and lot number and not to the property owner's name. A person making an inquiry regarding a meter shall give the street number, and if possible, the service number.
Rule 12. The cost of maintenance and replacement of a meter, beyond normal wear, including a meter the titles to which may have been assigned to the Division of Public Utilities Operations by individual owners, shall be at the expense of the customer.
Rule 13. A property owner shall be held responsible for, and shall reimburse the Division of Public Utilities Operations for, the loss or theft of a meter installed on his or her property.
Rule 14. Every meter and appurtenances shall be furnished at the expense of the person applying therefore, shall comply with the requirements or specifications prescribed by the Director and shall be of the make, type, model and design approved or adopted for use by the Division of Public Utilities Operations. A meter shall be installed with a lockable Ford meter valve on the street side of the meter.
There shall be a half inch (½") conduit installed between the meter and the outside remote. The conduit shall be used to run the remote wire. The exterior, if needed, shall be EMT or equivalent.
Rule 15. A meter shall be removed only by an authorized employee of the Division of Public Utilities Operations. Unauthorized persons removing or tampering with meters shall be prosecuted to the full extent of the law.
Rule 16. When, upon inspection, a meter seal has been found to have been broken from any cause whatsoever, the water will be turned off and not turned on again until twenty-five dollars ($25.00) has been paid to the City as liquidated damages and expenses involved. At the discretion of the Director, such fee may be waived.
Rule 17. The Director reserves the right to remove a meter from any premises and substitute another meter in its place for the purpose of making repairs or testing.
Rule 18. The Division of Public Utilities Operations may, on its own initiative, undertake to test a meter which, in its judgment, is registering incorrectly, without charge to the owner.
Rule 19. If the property owner or consumer requests the City to test the meter owned by him or her, the Director reserves the right to charge for the cost of removing and testing the meter even if the meter is found to be in correct working order. If a meter is found not in correct working order, only the bill for the prior month shall be adjusted.
Rule 20. A meter shall be kept freely accessible to meter readers and other authorized employees of the Division of Public Utilities Operations and shall not be permitted to become covered with or obstructed by rubbish or other material regardless of whether such meter is located in meter vaults, areaways or basements. A meter shall not be installed in a coal bin, coal cellar or crawl space. The Director reserves the right to shut off water when a violation of this rule is not corrected following due notice of such violation to the owner by the Director.
Rule 21. Charges for water used shall be based on the meter consumption at the rates legally adopted by the City; provided, however, that the rates for water to consumers outside the City shall be not less than ten percent greater than the rates established for consumers in the City. Such rates may be obtained on inquiry at the office of the Division of Public Utilities Operations.
Rule 22. A water meter shall be read monthly. If no meter reading is obtained, the Division reserves the right to estimate and bill for the water consumed on the basis of preceding comparable monthly consumption. If a meter cannot be read and an estimated billing is sent for two billing periods or twice in any twelve-month period, the property owner shall have a remote reading meter installed at the owner's expense. If a meter cannot be read due to an unfriendly animal in the area of the meter, the property owner assumes full responsibility and shall have a remote reading meter installed at his or her expense.
Rule 23. Bills for metered water shall be rendered monthly.
Rule 24.
(a) A bill not paid by the fifteenth of the billing month shall be considered delinquent. Said bill shall be subject to a fifteen percent (15%) penalty charge. Said penalty charge shall be applied the morning of the fourth business day after the due date.
(b) The water may be shut off on the thirteenth day of the month following the billing month, provided that written notice of delinquency is forwarded by mail to the address shown on the application for service, at least two (2) weeks before the shut-off. The penalty charge shall apply to all accounts.
(c) When the fifteenth day of the billing month falls on a Sunday or Saturday or a holiday, the due date shall be the next businesss day and a fifteen percent (15%) penalty charge shall be applied to a delinquent bill on the morning of the fourth business day after the due date subject to holidays and weekends.
(d) An account holder for an active service address may request a onetime penalty charge waiver for a single billing month. This waiver may only be applied one time in a calendar year between January 1 and December 31.
Rule 25. If the owner of any premises elects to have his or her tenant or lessee pay the water charges as they accrue, such tenant or lessee does so as the agent of the owner and such owner shall not thereby be relieved from the payment of delinquencies that might occur. If the tenant or lessee has made proper application and is not delinquent in payment, the owner does not have the right to order water off without permission from such tenant or lessee.
Rule 26. The Division shall deliver bills for water by depositing the same in the post office only as a matter of convenience to the owner or consumer, and the failure to receive bills shall not be construed to relieve any owner from his or her obligation as to the payment of such bills.
Rule 27. When water service has been turned off on account of a delinquency, it shall not be turned on until the delinquency has been paid, together with an "off and on" charge of twenty dollars ($20.00) for customers in the City or thirty dollars ($30.00) for customers outside the City. Service will not be turned on again unless access to enter the premises is made available. The same procedure is to be followed for an owner-requested "off and on."
Rule 28. No deduction shall be made, or rebate allowed, to a consumer of water under meter control because of alleged leakage in any water pipe, tank or other apparatus or device.
The amount of water registered by a meter shall be charged and paid in full, irrespective of whether such water, after having been registered, was lost by leakage, accident or otherwise. Adjustments to water bills, other than those covered by Rule 19 hereof, shall be at the discretion of Council, except that the Director shall have the authority to adjust bills if the total amount at issue (water and sanitary sewer charges combined) is one thousand dollars ($1,000.00) or less, and inform the Health, Sanitation and Public Utilities Committee of his actions.
Rule 29. The Division of Public Utilities Operations is not responsible for frozen meters, and pit meters shall not be read during the winter months. The Division hereby reserves the right to estimate and bill for the water consumed on the basis of preceding comparable monthly consumption. The owner has the right to order a pit meter opened for the purpose of a final reading but by doing so assumes responsibility for expenses that might be incurred.
Rule 30. The installation of fire protection service connections, to supply water to stand pipes and sprinkler systems for fire protection only, shall be permitted when applications and plans for such service have been approved by the Division.
Rule 31. (EDITOR'S NOTE: Former Rule 31 was repealed by Ordinance 58-2006, passed March 7, 2006.)
Rule 32. Lines installed for fire protection shall under no circumstances be tapped or used for the general water supply of any premises.
Rule 33. All outlet valves on the fire protection line shall be sealed by the Division and opened only in case of fire.
Rule 34. When a seal on a fire protection line has been broken for any reason whatsoever, immediate notice must be given to the Division.
Rule 35. When, upon inspection, a seal on a fire protection line has been found broken for a cause other than fire protection, the water will be turned off, the Fire Division notified and the water not turned on again until twenty-five dollars ($25.00) has been paid to the Division of Public Utilities Operations as liquidated damages and expenses involved.
Rule 36. In lieu of charges for water used in case of fire, the City shall require the payment of fifty cents ($.50) monthly per inch of diameter of the connection to the City mains. In addition, monthly charges at current water rates shall be billed for any water registered by the meter, exclusive of fire usage.
Rule 37. Fire hydrant rental shall be twenty dollars ($20.00) per year per hydrant, including all public and private fire hydrants attached to the City water works system. Billings for this charge shall be made monthly.
Rule 38. Fire hydrants are intended primarily for the use of the Fire Division, and such use shall not be interfered with in any manner. A permit for the use thereof for other purposes is given only in cases where such use is considered to be an absolute necessity.
Rule 39. The 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 an assessed fee of five hundred dollars ($500.00) to cover expenses and damages incurred, as well as being subject to such other penalties as may be provided by law.
Rule 40. No person except an authorized employee of the Division of Public Utilities Operations, Street Division, or Fire Division shall open, operate or remove the nozzle cap from a public or private fire hydrant to which water is supplied in whole or in part by the City, or draw water therefrom, except for the purpose of extinguishing fires, without first having secured the necessary permits to do so.
Rule 41. At the discretion of the Commissioner of Public Utilities Operations, a special permit may be issued for the use of a fire hydrant for securing a supply of water for construction purposes, in cases where a permanent supply or connection will not be required, upon the payment of charges for water to be used in accordance with a tariff of rates on file together with such hydrant fee as established covering the use of the hydrant. The right is hereby reserved to revoke a permit for the use of a fire hydrant. Charges for such permit shall be as determined by the Commissioner of Public Utilities Operations.
Rule 42. A fire hydrant used for construction purposes, pursuant to permission first obtained, must have a reducing coupling and union attached to the nozzle of the hydrant, with an independent valve for regulation of the supply. The main valve of the fire hydrant must be opened full at the beginning of work each day and remain open until stoppage of work for the day, the water supply to be regulated by the independent valve. The fire hydrant is to be operated only by a spanner to be supplied by the Division of Public Utilities Operations at the expense of the user.
Rule 43. A property owner who wishes the installation of new water lines or extension of existing lines in the City shall file a petition with the Department of Public Utilities, in such form as may be deemed reasonable and appropriate by the Director of Public Utilities, requesting such lines or extension, and shall be approved by the Mayor. The cost of such lines shall be borne by the property owner so petitioning, at the rate per linear foot as legally prescribed by Council. The size and kind of water line to be put in shall be in accordance with the Subdivision Regulations. If the request is approved, the work of installing shall be done under the supervision of the Commissioner of Public Utilities Operations. When a water line has been installed along a street by the City, property owners on such street within 200 feet of such line shall all secure water from the line and shall pay to the City the same rate as noted above, based upon front footage of property along such line, in addition to the water tap charges then in effect.
Rule 44. A subdivision developer operating in the City may petition for permission to install new water lines or extensions of existing water lines, the provisions of Rule 43 notwithstanding, and approval of the same may be granted by the Mayor for such installation, provided that such developer shall defray the entire cost of the installation or extension and that the same shall be completed agreeable to plans and specifications approved by the Director and under the supervision of the Commissioner of Public Utilities Operations.
Rule 45. (EDITOR'S NOTE: Rule 45 was repealed by Ordinance 92-83, passed November 2, 1983.)
Rule 46. No person except an employee of the Division of Public Utilities Operations shall tap or make a connection with the mains or distribution lines of the City water works. A permit for water service must be obtained at the office of the Division of Public Utilities Operations. Such permit, together with the application and fee for the tap, must then be presented to the Clerk of the Division.
Rule 47. All service connections of lines for supplying water from mains must be installed at the expense of the property owner on the basis of actual cost. The Division of Public Utilities Operations shall locate the main where the tap is to be located. The property owner shall do all the digging and backfilling for the tap and for the line, except through paved streets, in which case lines will be pushed under the street by the Division. Costs of water service installations may be obtained at the office of the Clerk of the Division. All tapping holes shall be filled in accordance with the Division's rules for right-of-way opening repairs and Chapter 1020.
Rule 48. In those instances where it is necessary to push lines under a City street to complete the tap, the size and location of the tapping and push holes shall be determined by the Department of Public Service and Department of Public Utilities.
Rule 49. The Division shall furnish the corporation cock, curb cock, curb cock box and copper tubing from corporation cock to curb cock, at the expense of the property owner.
Rule 50. The service line shall be extended by the Division of Public Utilities Operations from the main to the curb box, which will be located six feet from the property line.
Rule 51. The property owner shall connect the service line to the curb cock and leave the line exposed to the meter connection until tested and approved by an employee of the Division of Public Utilities Operations.
Rule 52. All lines between the curb cock and the meter shall be of Type K soft copper, of a minimum diameter of three-quarters (3/4") of an inch. Repairs to existing lines shall be made with Type K soft copper. After inspection of existing lines needing repair, the entire line may be required to be replaced with Type K soft copper and an existing pit meter may be required to be replaced with a remote meter, at the discretion of the Commissioner of Public Utilities Operations. The Commissioner shall allow plastic pipe to be used in lines larger than one inch (1"), however, the type of pipe must be approved by the Division of Public Utilities Operations. Plastic water lines three inches (3") or larger shall transition to ductile iron pipes before the building foundation through the meter set.
Rule 53. Any service between the main and the curb cock which is broken or damaged by anyone, other than an employee of the Division of Public Utilities Operations, while performing work at these connections, shall be repaired or replaced by the Division at the expense of the individual who damaged the service.
Rule 54. Roughed in plumbing shall provide a space which is designated as a meter spacer bar, such meter spacer bar to be of proper dimensions for inserting the meter and attached valves (Ford BV-IW or equal). A meter not located in a basement shall not be located over a wood floor, unless and except the property owner assumes full liability for damage to the floor caused by leakage and sweating.
Rule 55. No plumbing installation shall be allowed whereby there may be a possibility of rain, river, well or other water flowing into the Perrysburg water supply. No service line connected with the City water supply shall be connected with lines supplied with water from any other source, including, but not limited to, private, auxiliary or emergency water supplies.
Rule 56. When any premises are supplied with water from two or more standard services, such services must be provided with check valves in a manner so that water may flow into the premises but to prevent the flow of water out through either of the services.
Rule 57. No person except an authorized employee of the Division of Public Utilities Operations shall open or close curb stops or gate valves.
Rule 58. If a customer elects to install an additional meter for swimming pool use or lawn sprinkling, he or she does so at his or her expense. After providing a meter set to include a lockable meter valve (Ford KVC IW or equal) and conduit and wiring for the outside remote, the meter shall be set and billed according to Sections 1050.01 and 1050.02; however, notwithstanding other terms in these Codified Ordinances, there shall be no minimum billing for water usage through this second meter.
Rule 59. At the discretion of the Commissioner of Public Utilities Operations, if an approved backflow prevention device is necessary for the safety of the public water system, the Commissioner shall give notice to the water consumer to install such an approved device immediately. The water consumer shall, at his or her own expense, install such an approved device at a location and in a manner approved by the Commissioner and shall have inspections and tests made of such approved devices as required by the Commissioner.
If the water consumer does not comply with this Rule within a reasonable time, the Commissioner may turn off the water service and take such other precautionary measures as he or she may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with this Rule. The Commissioner shall also conduct surveys and investigations to be made of industrial and other properties served by the public water supply where actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the Commissioner deems necessary.
On demand, the owner, lessee or occupant of any property so served shall furnish to the Commissioner any information which he or she may request regarding the piping system or water use on such property. The refusal of such information when demanded, shall, at the discretion of the Commissioner, be deemed evidence of the presence of improper connections as provided in this subsection.
Rule 60. Delinquent charges for water shall be assessed against the property to which the service is rendered, and shall be a lien against such property, collectible in the same manner as other taxes and assessments. A person purchasing such property shall ascertain if there is any unpaid water bill standing against the property.
Rule 61. No water service shall be extended to any users outside the corporate limits of the City except under the conditions set forth in Rule 62 and 63. Provided, further, that any person presently receiving water service from the City shall, upon notice from the City, immediately comply with the provisions of Rules 62 C., D., and E. Failure to comply with such policy may result in the water service being terminated 60 days from the date of notice.
Rule 62. The City may extend water service to land which is outside of the corporate limits of the City but within the City's water service area provided that before such water service is extended, the owner of such land must comply with the following:
A. Compliance with the comprehensive plan as adopted by the City of Perrysburg pursuant to Resolution No. 24-87, and as hereafter amended or revised.
B. If applicable, compliance with the SSOE plan adopted by the Perrysburg Township trustees in 1986.
C. Compliance with the zoning regulation of the governmental entity in which the property is located.
E. Execute an agreement to annex the property to the City or a petition for annexation to the City, as determined by the City. Such owner shall exert all efforts to obtain annexation of his or her property, including, if requested by the City, signing an annexation petition. In the case of an agreement to annex to the City, the owner of such land must also agree to require a similar agreement from anyone to whom he or she sells all or any part of his or her land.
F. The water service area is as described in the Contract between the City and the City of Toledo, dated December 10, 1987, or as hereafter amended.
G. All water main extensions that have been extended pursuant to and subject to this Rule shall be dedicated to the City of Perrysburg.
Rule 63. Consistent with otherwise applicable legal requirements, the Planning and Zoning Administrator or in his absence the Director of Public Utilities shall review and make a recommendation to the Mayor or his designee regarding proposed extension of water service, who shall approve or disapprove the request for service. The request for extension of water service shall be disapproved unless the criteria set forth in Rule 34 are met.
The City shall consult with the Township Zoning Inspector and the joint City/Township Planning body on requests for the extension of such service. In addition, the City may consult and seek the advice of the City Planning Commission when he deems it appropriate.
In the event a request for extension of such service is disapproved, the applicant may request that Council review the disapproval, and Council may affirm, modify or reverse the decision.
Rule 64. Persons seeking a water line installation or extension outside the City will be required to bear the entire cost of such construction. All construction plans, specifications and installation shall be subject to the approval of the City and be under its direct supervision.
Rule 65. When any check or other negotiable instrument used in the payments of any water service charge is dishonored, an additional charge shall be added to the customer's bill. The amount of such charge shall be twenty dollars ($20.00) for inside City customers and thirty dollars ($30.00) for outside City customers.
Rule 66. When an existing water service line is abandoned by the property owner or when the structure served by the service line is demolished, the property owner shall cut off the abandoned service line at the water main, close the corporation stop, expose the water main to allow the City or contractor to place a repair saddle over the existing tap hole. All costs associated with such work shall be at the expense of the property owner.
Rule 67. Delinquent Water Bills. Should the City fail to bill the appropriate amount as a result of an error, the corrected due amount may be collected by the City and shall be repaid by the water customer prorated over a period of time equal to the length of time during which the billing error occurred. Provided, however, no delinquent bills over three years in age shall be collected and further, the entire delinquent bill shall be immediately due and payable by the water customer when such water customer conveys the real estate for which the water service giving rise to the delinquent bill applies.
(c) (EDITOR'S NOTE: Subsection (c) was recodified as part of the 1988 updating and revision of these Codified Ordinances. See Section 1040.07(c).)
(Ord. 46-2012. Passed 3-6-12; Ord. 130-2018. Passed 12-4-18; Ord. 140-2018. Passed 12-4-18; Ord. 13-2019. Passed 4-2-19; Ord. 6-2020. Passed 7-7-20; Ord. 21-2020. Passed 11-3-20; Ord. 37-2020. Passed 12-15-20.)