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(A) Unless the context clearly requires otherwise, any absolute or discretionary authority granted in this chapter is to the Safety-Service Director (except when the language plainly provides a direct grant of any such authority to one or more of his or her assistants as well) and the duties set forth in this chapter shall be performed by the Director (except when the language plainly provides that one or more of his or her assistants are included).
(B) As used in this chapter,
THE DEPARTMENT OF PUBLIC SAFETY AND SERVICE means the Safety-Service Director and only those officers and employees actually authorized by him or her to assist in the administration of his or her duties. Adequate facilities for communicating with the Director and his or her authorized assistants are available to the public, and no official, officer or employee in another department of the city has any authority to bind or obligate the Director or his or her assistants.
(C) This chapter is intended to make violations of any of the provisions of this chapter and of future regulations or rules of the Safety-Service Director offenses against the city and is not intended to limit the authority of the Director over the city's waterworks under the laws of the state. Except where the contrary is herein plainly provided, the authority of the Director to conduct and manage the affairs and business of the waterworks whenever, wherever and however he or she considers most prudent is hereby acknowledged and approved. Any interference with his or her activities in such respects are hereby declared a violation of this chapter, punishable as other violations hereof.
(D) In order that notice may be more readily provided the citizens of the city, as well as nonresident consumers, of the duties of the Department of Public Safety and Service to consumers, and also the duty of each consumer to the Department, to enable the supplying of a maximum of service at a minimum of expense and loss, the Safety-Service Director is hereby authorized and directed to have copies of this chapter printed and distributed in such number to ensure distribution to at least every subscriber of the Water Department.
(`82 Code, § 1040.01) (Ord. 62-1934, passed 12-20-34)
From and after the effective date of this section (Ordinance 90-46, passed May 15, 1990), the following rates shall be charged by the city for water:
(A) Use in the city.
(1) The rate for water charge(wr) shall be a pass through of the rate set forth by the Greater Cincinnati Water Works (GCWW). The minimum charge shall be 500 cubic feet per month.
(2) The minimum charge shall be set forth in division (A)(1) of this section and, in determining such charge, each apartment unit and each mobile home space shall be considered as a separate unit and subject to the minimum charge, whether occupied or unoccupied.
(B) Use outside the city. For all water used there shall be a charge not to exceed 10% of the rates paid by the residents of the city.
(C) Improvements. Council finds that in order to raise funds for expenses and necessary improvements of the Water Department and water system, an actual usage charge per 100 cubic feet is established. This charge is in addition to the charge already established in this section and may be adjusted by the Safety Service Director as necessary.
(`82 Code, § 1040.02) (Ord. 90-45, passed 5-15-90; Ord. 90-46, passed 5-15-90; Am. Ord. 2014-25, passed 4-22-14; Am. Ord. 2014-39, passed 6-17-14)
(A) All water charges shall be payable monthly on or before the sixteenth day of each month for the next prior reading period. In the event a meter is not read to determine the charge due for a reading period, an estimate shall be made and a charge made on the basis of the next prior period for which the meter was read. Payments made after the sixteenth day of the month following the prior reading period shall include a penalty charge of 10% of the amount due.
(B) The Safety-Service Director may remit the 10% penalty provided for in division (A) of this section whenever he or she determines the delay in payment to have been due to good cause, or excusable, and that the financial condition of the fund will be aided thereby. However, such remittance shall be allowed only when service has not been discontinued, and no one consumer shall be granted more than two such remittances in any calendar year.
(`82 Code, § 1040.03) (Ord. 62-1934, passed 12-20-34; Am. Ord. 61-10, passed 2-6-61)
(A) Every separate residence, business and industry shall have a separate water meter, and all consumers shall be charged the rates set forth in § 1040.02 for each meter without accumulating the number of cubic feet used on the several meters of one consumer unless such consumer is paying a minimum amount established by Council. However, where two or more meters are used in one business or industrial organization, the number of cubic feet of water used on such meters may be accumulated to effect a reduced rate if the property of such business or industrial organization is contiguous or separated only by public property. Each single-family dwelling and each apartment building containing two or more dwelling units shall be considered a separate residence requiring at least one water meter. For the purposes of this section, motels, hotels, trailer parks, religious institutions (including schools of such institutions), public schools, charitable institutions and other like institutions are considered businesses.
(B) All services to premises accessible to each other, except by a street in the front or a public alley in the rear, or which are supplied by one service pipe may be included in one bill, and the applicant for such a service shall be responsible for the payment of all water rent and the proper use of water so furnished.
(`82 Code, § 1040.04) (Ord. 62-1934, passed 12-20-34)
(A) The Safety-Service Director is hereby authorized to provide for deposits to be made by consumers at the time application for water service is made. Each deposit shall be based on the estimated consumption of water per month, which estimate shall be made by the Water Department. Such deposit shall be reasonable and just and shall not exceed $300. However, the Director shall waive such deposit for an applicant who is the owner of the real estate where the service is to be made or for whom the owner guarantees payment of water rents and penalties.
(B) The application shall be on a form and in terms prescribed by the Director and shall provide that the applicant will abide by all of the rules and regulations prescribed by the Director and shall agree that water service may be terminated if water rents are delinquent for five days. The application shall further provide that the deposit shall be security for payment of water rents, including penalties, and shall be retained in payment of water rents, including penalties, when service is discontinued, without right of the applicant or his or her creditors to recover any part of the deposit not in excess of water rents and penalties due.
(C) The Director shall make such other rules and regulations as he or she deems beneficial in the management and conduct of the waterworks and the water distribution system of the city.
(`82 Code, § 1040.05) (Ord. 61-10, passed 2-6-61; Am. Ord. 78-92, passed 12-19-78)
(A) If water service is discontinued by reason of default in payment of delinquent water rents and penalties, the service shall not be reinstated until all delinquent charges and penalties are paid.
(B) An owner (including purchasers) of real estate whose premises are provided with water service connections shall be considered as accepting the provisions of this chapter and all lawful rules and regulations fixed by this chapter and the Safety-Service Director relating to the consumption of water, and as agreeing, in particular, to be liable for all water rents and penalties for such premises whether the accounts for such premises are carried in the name of the owner, a former owner, a tenant or another person.
(C) The Safety Service Director will first mail a current bill/invoice to all account holders of record statement that utility payment must be made within 16 days of billing. If payment is not made to an account, it will be deemed past due. When the next month's bill is mailed, it will notify the delinquent account holder:
(1) That their account is past due.
(2) The amount that is past due.
(3) The date the past due must be paid to avoid shutoff.
If this is ignored, the water for this account will be shutoff.
(`82 Code, § 1040.06) (Ord. 61-10, passed 2-6-61; Am. Ord. 2000-77, passed 9-5-00; Am. Ord. 2007-20, passed 3-6-07; Am. Ord. 2014-25, passed 4-22-14)
No application for water shall be allowed and no water service shall be supplied to an applicant or consumer when it is apparent that the applicant or consumer is indebted to the city for delinquent water rents, including penalties, whether such delinquency occurs at the premises for which application is made or at any other premises supplied by the waterworks and/or the water distribution system of the city.
(`82 Code, § 1040.07) (Ord. 61-10, passed 2-6-61)
(A) A lien is hereby created upon the real estate premises where water is furnished and water rents, including penalties, are not paid as required by this chapter. Such lien may be certified to the County Auditor for collection by him or her of water rents, including penalties, along with real estate taxes.
(B) If a meter fails to function properly, rents for water consumed shall be made on the same number of cubic feet consumed in the same month of the prior year, and in case there is no record of prior charges, the Safety-Service Director shall fix reasonable water rents from available information. Other estimated charges made for water rents for want of reading a meter shall be adjusted through the next subsequent reading and billing.
(`82 Code, § 1040.08) (Ord. 61-10, passed 2-6-61)
(A) A claim for overpayment of water bills shall be referred to the Safety-Service Director for evaluation. If it is determined that an overpayment was made, reimbursement for the overpayment can be made upon the recommendation of the Director with the approval of the Mayor.
(B) The Auditor and the Treasurer are hereby authorized and directed to issue their voucher and check for the overpayment of water bills, in accordance with division (A) of this section.
(`82 Code, § 1040.09)
All services shall be metered under the following terms and conditions, and no attachments shall be allowed outside of the meter to ensure that all water is paid for at meter rates:
(A) The city shall furnish and install all meters and shall collect payment therefor in advance, including the expenses of attaching the same. The city shall make the necessary repairs to the same, from time to time, at the cost of the owner.
(B) The meter and remote shall be placed and kept in an accessible position, well-drained, free from exposure and in a manner satisfactory to the Safety Service Director.
(C) The meter shall be placed and kept in an accessible position, well-drained, free from exposure and in a manner satisfactory to the Safety- Service Director.
(D) As used in this section, PREMISES means one building, or adjacent buildings when the same are used in conjunction with each other, as by one person or one business, and are supplied water by one service line by special permit of the Safety-Service Director.
(E) All the water used on the premises must pass through the meter.
(F) Meters shall not be removed from the premises where attached, or be relocated, except by order of the Safety-Service Director, who always has the right to inspect meters and remove the same for any cause he or she considers sufficient.
(G) Every applicant supplied with water shall be held responsible for all water registered by his or her meter, and no reduction of bills shall be allowed for leaks on the premises or water used by contractors or other persons, even though a permit has been issued and paid for at the waterworks office.
(`82 Code, § 1040.10) (Ord. 62-1934, passed 12-20-34; Am. Ord. 96-92, passed 6-4-96; Am. Ord. 2007-20, passed 3-6-07; Am. Ord. 2014-25, passed 4-22-14)
(A) The Water Department is hereby authorized to collect the following fees:
(1) For all meters the fees are governed by cost plus 20% and tax.
(2) For shut off/on fee for non payment: $50 (Monday-Friday, 7:00 a.m. - 2:30 p.m.); $200 for all other times and days including off duty call outs.
(3) Handling charge for bad checks or automatic deposits with insufficient funds, closed accounts, etc.: $25 fee.
(4) For residential construction water: $50; commercial construction water: $75.
(5) Water deposit: $150, not to exceed $300.
(6) Requested shut off/on fee: $25. A one time non-inspection fee will be waived one time each calendar year.
(B) Such fees shall be deposited in the Water Fund.
(`82 Code, § 1040.11) (Ord. 78-92, passed 12-19-78; Am. Ord. 88-30, passed 4-19-88; Am. Ord. 2007-20, passed 3-6-07; Am. Ord. 2014-25, passed 4-22-14)
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