(a) No person, corporation, partnership or association, or any agent, lessee or tenant thereof, or occupant (hereinafter referred to as the "applicant"), shall connect any building, apartment, living unit or other structure situated on the property described in subsection (b) hereof, directly or indirectly with the water mains located in Westwood Road from Prospect Road westerly a distance of approximately 5,500 feet to the Lorain County line, unless the applicant has first secured a permit for such purpose from the Building Commissioner.
(b) The Commissioner shall not issue a permit for the purpose described in subsection (a) hereof until the applicant for the permit has deposited in cash or certified check payable to the City the amount hereinafter indicated for the property indicated. The property to which this section is applicable and the fee applicable to each are as follows:
Description of Property Cuyahoga County Auditor's
Permanent Parcel Number)
| Present or Previous Owner |
Amount of Fee
|
392-7-1 | William and Sharon McDowell | $ 2,233.60 |
392-7-2 | R.D. and L. Dudzinski | 4,239.56 |
392-7-3 | R. D. Dudzinski | 1,683.00 |
392-7-4 | R. D. Dudzinski | 2,233.60 |
392-11-4 | L. R. and Irene Dudzinski | 1,262.25 |
392-11-5 | F. & D.M. Gentile | 1,262.25 |
392-13-1 | N. M. Siedel | 19,445.89 |
392-13-2 | N. M. Siedel | 2,524.50 |
392-13-3 | N. M. Siedel | 2,065.31 |
Should any of such properties be divided in such manner as to change its frontage on Westwood Road, the amount of the fee set forth above shall be allocated on the basis of $17.943929 per foot of frontage, or in such manner as Council may find equitable.
(c) The permit and fee specified in subsections (a) and (b) hereof shall be in addition to any permit and fee required by any other ordinance or regulation of the City, and shall not preclude any deposit or bond required by any other ordinance or regulation to insure that the connection with the water mains is made in such a manner as will not injure such water mains and to insure that all streets, sidewalks and other property will be returned to the same state as before the connection was made.
(d) The fees which are received for connecting with such water mains under this section shall be delivered by the Commissioner to the Director of Finance as custodian of the funds of the City and shall be credited by the Director to the Future Water Mains Account.
(e) If the Commissioner determines that any property has been connected either directly or indirectly to such water mains in violation of the provisions of this section or the rules and regulations of the City, the Commissioner is hereby authorized and directed to disconnect such property from such water mains until such violation ceases.
(f) If an order of a court of competent jurisdiction prohibits the City or its officials from the imposition of the charges, or a portion of the charges, provided for in this section, only those charges, if any, which can be imposed without violating the order shall be collected and paid.
(Ord. 1978-48. Passed 3-20-78.)
(Ord. 1978-48. Passed 3-20-78.)