(a) Definition of Consumer. A “Consumer” is any person or entity who is the actual user of services provided by Aqua Ohio and/or any Public Utilities of the City of Struthers, Ohio, and specifically the Struthers Sewer Service Area.
(b) Definition of Customer. A “Customer” is any of the following:
(1) Any person or who is owner of property at which services are consumed; and
(2) Any person or entity who enters into a contract wherein he, she or it agrees to pay for services consumed at the property.
(c) Definition of Billing Address. The “Billing Address” is the address at which the customer who is liable for service furnished to a service address receives billings from the City of Struthers. Billing addresses may, but need not be, the address at which service is delivered.
(d) Definition of Service Address. The “Service Address” is any property at which services are furnished to a Consumer or Customer.
(e) Liability for Charges for Services Collection of Delinquent Charges.
(1) Customer and Consumer are subject to all laws of the State of Ohio and Codified Ordinances of the City now in effect or hereinafter enacted as applied to the City. The City may utilize all statutory procedures and remedies to collect delinquent services, charges and fees. It shall be the duty of persons purchasing property to ascertain if there are any unpaid bills for service to the property prior to application for service and to make such that provision is made for payment of outstanding sewer service bills.
(2) Any person who purchases property assumes the liability for payment of outstanding charges for services to the property.
(f) Customer May Have Consumer Pay for Sewer Services. In all accounts, the owner of the property, as customer, shall be primarily liable for all charges for services provided to the property. If any Customer elects to have the Consumer pay the charges for services as they accrue, the Customer shall not thereby be relieved from payment of any delinquencies that might occur. Discharge of a Consumer’s obligation to pay charges for service in any bankruptcy proceeding shall not extinguish the obligation of the Customer to pay for charges for services to the property.
(g) Bills to be Delivered to Customers or Consumers. Failure to receive bills for service shall not relieve any person or entity responsible for payment from their obligation to pay such bills. Upon application, the Customer shall advise the City whether to mail bills to Customer or Consumer. Property owners may make a public records request by mail or telephone of the payments and billing on any property, subject to City charges for public records requests. To the extent possible, the City shall make arrangements to provide duplicates of bills or summaries of billings for multiple properties to customers who do not occupy particular service addresses. The person requesting such bills shall reimburse the actual cost to the City of providing such additional reports to the extent provided by the public records policy of the City of Struthers and the Ohio Revised Code.
(h) Metered Bills Become Delinquent. Bills become delinquent when not paid by the date indicated on the bill.
(i) Partial Payments. Partial payments may be accepted upon approval of the Auditor of the City or her designee.
(j) Landlord May Not Request Tenant’s Sewer to be Discontinued. When services have been established by a tenant, a Landlord may not request that sewer service be discontinued. Ohio R.C. 5321.04(A)(6) titled “Obligations of Landlord” states that a landlord who is a party to a rental agreement shall “Supply running water, reasonable amounts of hot water, and reasonable heat at all times”. This statute prevents a Landlord from discontinuing service for such purposes as eviction, enforcing collection of rents, or as a result of differences between Landlord and Tenant. The City will not be liable for damages as a result of the enforcement of this regulation in any case. Any decision to discontinue sewer service will be made solely by the City.
(k) Owner’s (Customer’s) Liability for Sewer Service Bills Not Paid By Consumer. The City will make every possible effort to collect sewer service bills and assessments as promptly as the nature and volume of its business permits, but no Customer or Consumer shall be relieved from an obligation for assessments that may be unpaid through failure of the City to make collections as provided by its Rules.
(l) Civil Penalty for Tampering With Equipment. A civil penalty of five hundred dollars ($500.00) shall be assessed against any person or entity who modifies, reconfigures, circumvents or otherwise tampers with any equipment of the City or other public utilities of the City plus all costs of repairs of the damaged equipment as well as the existing rates for consumed services.
(Ord. 08-089. Passed 12-22-08.)