(a) Owners of real property shall be the only parties permitted to open and maintain active accounts with the Department of Public Utilities for water and/or sewer service to such property. This requirement shall not preclude an owner of real property from contracting for water and/or sewer service with the Department of Public Utilities through an authorized agent, provided that sufficient proof of a bona-fide agency relationship as required by the rules and regulations of the Department of Public Utilities is submitted along with the application for such service. This requirement shall affect contracts made on or after the effective date of this section.
(b) All accounts in existence prior to the effective date of this section which were not contracted in the name of the owner of the serviced property will be permitted to remain in the name of the current contract obligor. However, upon cancellation or termination of such contract, all future contracts for the serviced property shall be made in accordance with subsection (a) hereof.
(c) (1) Notwithstanding 933.07(a) and 933.07(b) above, any non-owner may make payment arrangements directly with the City of Toledo's Department of Public Utilities in order to avoid a disconnection of water services due to nonpayment, or cause reconnection of services which were disconnected due to nonpayment.
(2) Before terminating water services for nonpayment, the Department of Public Utilities must provide a notice to the address where services will be terminated at least thirty days before termination setting forth all options to avoid a termination of services for nonpayment that may be available.
(3) The amount of the payment(s) that the City of Toledo's Department of Public Utilities may charge a non-owner pursuant to (c)(1) above shall never equal more than the amount that it would charge the owner to avoid the disconnection or cause a reconnection.
(4) The options available to non-owners to make payment(s) under (c)(1) above shall, at a minimum, include the same options available to the owner.
(5) Nothing in this section shall be construed to prohibit a non-owner from asserting a claim against an owner for payment(s) made under (c)(1), or deducting the amount of payment(s) made under (c)(1) from any future rental payment, pursuant to O.R.C. 1923, O.R.C. 5321, any common law right of set-off against rent, or other similar rights. If a tenant makes arrangements with the Department of Public Utilities to pay for the arrearage of the owner who is in default in order to avoid disconnection of water service for nonpayment, or to cause reconnection of service so disconnected, the tenant shall have the right to deduct the amount of such payment(s) from any future payment of rent to that owner.
(6) The City of Toledo Department of Public Utilities shall provide to the non-owner a receipt(s) for any payment(s) made pursuant to (c)(1) above.
(7) Nothing in this section shall be construed to require the City of Toledo Department of Public Utilities to open an account in the name of a non-owner.
(Ord. 30-86. Passed 1-14-86; Ord. 200-20. Passed 6-16-20.)