(A) Permit and fee. No connection shall be made to the city water or sanitary sewer system without a permit received from the City Administrator-Treasurer. The fee for water and sewer connections shall be set by City Council resolutions. A copy of this schedule shall be in § 39.01. These fees shall be in addition to any fees required under divisions (B), (C) and (D) below.
(B) Connection fees. When a connection requires installation of a service line from the main to the property line, the applicant for a permit shall pay to the city the necessary connection fees, taps (licensed plumber required), installation of pipe and necessary street repairs to provide service to the property.
(C) Certification. No permit shall be issued to connect with any water or sanitary sewer main unless the applicant certifies to the truth of one of the following or the payment required under division (D) below is made:
(1) The lot or tract to be served has been assessed for the cost of construction the main with which the connection is made or that proceedings for levying such assessment have been or will be commenced in due course;
(2) The cost of construction of the main has been paid by the developer or builder platting the lot or tract; or
(3) If neither of the foregoing is true, a sum equal to the portion of the cost of constructing the main which would be assessable against the lot or parcel has been paid to the city.
(D) Additional connection fee. If no such certificate can be issued, the applicant shall pay an additional connection fee equal to the portion of the cost of construction of the main attributable to the property upon the same basis as any assessment previously levied against other property for the main. The determination shall be made by the City Council. If no such assessment has been levied, the assessable cost shall be determined upon the basis of the uniform charge which may have been or will be charged for similar connection with the main. The amount shall be determined on the basis of the total assessable cost of the main allocated on the basis of frontage. Where the assessable cost cannot be determined, the charge shall be set by the City Council based on front footage of the property to be served. In no event shall the connection charge made under this division (D) exceed the increase in value of the property attributable to the main.
(E) Notice and hearing. Before the City Council makes a final determination of the additional connection fee under division (D) above, he or she shall submit a written notice to the applicant stating the amount of the proposed connection fee and the basis of its calculation. The notice shall also state that the applicant may, within ten days of receipt of the notice, demand a hearing on the matter. If the applicant requests a hearing within that time, a hearing shall be held on the matter of the City Council at least one week after the date in which the request is made. If as a result of the hearing, the City Council finds that the proposed connection fee complies with the requirements of division (D) above, it shall so determine. If he or she determines that the proposed fee is in excess of the amount that would have been assessed had the property been assessed for the main or in excess of the increase in market value attributable to construction of the main, he or she shall make a determination of the proper amount of the fee within the limits specified in division (D) above. No connection shall be made without payment of the connection fee determined after the hearing or determined after the expiration of ten days from receipt of the notice when there has been no request within that time for a hearing.
(2009 Code, § 401.04) Penalty, see § 10.99