§ 50.03  UTILITY SERVICE AGREEMENT; DEPOSITS; GUARANTEE.
   (A)   All applicants for utility service from the city at premises shall, prior to the beginning of utility service, be required to execute a utility service agreement in the form set forth in the regulations promulgated by the director of public service and, if applicable, provide surety in a form prescribed by the city.  Utility service shall not be provided to any premises where the current property owner/tenant does not have a current utility service agreement with the city.
   (B)   All applications involving the initial establishment of any utility service to premises not previously served must be made by the property owner.  Where the premises, including temporary or portable structures, are subsequently occupied by a tenant and, without relieving in any manner the property owner of his responsibility for payment of all invoices, the city may in its sole discretion invoice the tenant directly for utility service provided to the premises and to require tenant to make a suitable security deposit as provided for in this chapter to secure the payment of all invoices.  However, invoicing a tenant for utility services provided does not relieve the property owner from liability for utility services provided to the premises and does not prohibit the city from availing itself of its right to place liens against the premises for non-payment of utility services pursuant to Chapter 7 of the Ohio Revised Code.
   (C)   (1)   Applicants who hold title to the premises where utility service is being requested and who are not currently subject to any bankruptcy proceedings, and who have not had any delinquencies with the city in the previous 12 months may use such real property as surety. 
      (2)   Utility service shall not be provided to any applicant who has amounts outstanding and due and owing to the city until such time as all amounts due and owing are paid in full. 
      (3)   In all other cases, a nontransferable guarantee deposit shall be required as follows:
         (a)   Residential: As determined by the Utility Office Rules and Regulations.
         (b)   Commercial or industrial: the deposit shall be equal to a two months average bill but in no event will the deposit be less than $300.
   (D)   The deposit shall be returned to the customer upon the customer's cancellation of the utility service agreement, provided that customers who have accounts with the city that are in delinquent status, or who have otherwise evidenced a history of accounts being in delinquent status, may have their deposit retained at the election of the city.  No interest shall be accrued or paid on any such deposit, except as may be prescribed by state law.  The deposit shall be returned at the end of five years from the date of the initial deposit, provided that customers' account is in good standing with the city.
   (E)   In those instances where the applicant is not the property owner and the city does not require the utility services agreement to be with the property owner, the utility service agreement shall also contain the name and mailing address of the property owner.  The property owner shall be provided a copy of invoices whenever such account is in delinquent status.  The property owner may be provided status of the account at anytime upon written request.  The city retains all legal rights to assess the premises and to place liens against the premises for any delinquent utility accounts pursuant to the authority granted by Chapter 7 of the Ohio Revised Code regardless of whether the utility service agreement is with the property owner. 
   (F)   Upon execution of a complete utility service agreement, proof of identification, residency (copy of lease/rental agreement, proof of ownership), the posting of any required deposit or the execution of a guarantee, payment of outstanding balances due and owing the city by the applicant and acceptance by the city, the applicant shall become a customer of the city's utility service.  The utility service agreement shall be between the city and the customer.  The city shall have all remedies available at law and equity to recover any and all amounts due and owing to the city from the customer and/or guarantor, if applicable, for the provision of utility service to the premises set forth in the utility service agreement.
   (G)   All adults listed on the lease/rental/ mortgage, residing or occupying any premises shall be listed on the utility service agreement and shall also execute the utility service agreement.
   (H)   When a change of occupancy occurs in any premises receiving utility service, an application by the new occupant must be made to the city. Each person accepting utility service from the city without making proper application therefore shall be deemed to be a customer for the purpose of this chapter and the responsibilities and obligations herein.  The city may terminate such occupant's utility service, pursuant to the termination procedures set forth in § 50.06 until proper application is made and approved by the city.
   (I)   When an initial meter reading is not available, the current occupant will be liable for service, to be calculated on an estimated basis, from the date of occupancy to the reading of the meter(s). The current occupant will not be held liable for any utility service provided at that premises prior to that occupant's date of actual possession of the premises.
(Ord. 07-053, passed 5-15-07; Am. Ord. 19-023, passed 4-16-19)