(a) Authorization of Survey. The Village Administrator is hereby authorized and directed to publish notice requesting bids for the purpose of conducting a re-evaluation survey as needed, but no more than three years from the previous survey, for establishing the unit equivalent of each business connected to the Village water system. The Village Administrator is directed to take competitive bids and to enter into a contract with the lowest and best bidder pursuant to Ohio R.C. 731.141. Pursuant to such section, the Village Administrator will proceed only with the advice and consent of Council by way of separate ordinance if the total cost of said contract is in excess of twenty-five thousand dollars ($25,000.00). Said contract shall be prepared by the Village Solicitor and shall contain such necessary provisions as determined by him or her.
(b) Determination of Charges. Pursuant to the survey authorized by division (a) hereof, any property connected to the water distribution system and any business which has expanded, or will expand in the future, will be charged an additional water connection impact charge for the increase in unit equivalents at the applicable base rate as determined in Sections 1042.06 and 1042.07 for the year of the survey. If any user of the Village water distribution system increases their use on the water system or increases the consumption of water from the connected property by changing or increasing the use of the property as previously connected to the water system, the user of the water system, or the property owner shall pay to the Village an additional water connection impact fee equal to the impact fee for the use as reestablished by the Village equivalency unit factors as set forth in Section 1046.04(d), minus any water impact fee previously paid. The additional impact fee shall be paid to the Village by the property owner prior to the use of the water system by the new increased use from the property. If the additional impact fee is not timely paid by the user or property owner, the Village may disconnect the user or property from the water system, or may bring an appropriate action in a court of competent jurisdiction to collect the amount for the impact fee, or it may file a lien on the property. The owner of any lot subject to a water impact fee shall be primarily liable to the Village for any charge levied by this section. The Village shall collect and enforce, by way of lien or any legal means necessary, any amount owed in water impact fees.
(c) Appeal Procedure. An owner of a property subject to a water system connection impact fee shall have the right to appeal the application and/or the interpretation of the water impact fee to Council. The owner, subject to the water system connection impact fee, within 30 days from the date that the water impact bill is sent, shall file a request for a hearing, in writing, with the Fiscal Officer. The hearing shall be scheduled within 30 days from the receipt of the request by the Fiscal Officer and may be at a regularly scheduled Council meeting or a special meeting called for that purpose. Council may affirm or modify the water system connection impact fee. Such decision shall be rendered within 30 days of the hearing.
(Ord. 888-06. Passed 7-10-06; Ord. 1016-11. Passed 5-9-11.)