933.04 RULES GOVERNING THE WATER DEPARTMENT.
   Rule 1. This section shall be considered a part of the contract with every person that is supplied with water through the waterworks system of the Village, and every such person taking water shall be considered to have expressed his or her consent to be governed thereby.
   Rule 2. The Village does not guarantee quality of service. The supply of water to all parties for any purpose whatever is subject to the understanding that the consumer is not guaranteed a fixed or continuous pressure, or a guarantee of the water delivered as to quality, purity, as established by state and federal regulations, or temperature, the same all being subject to the variable conditions and maintenance of the waterworks system.
   Rule 3. Water mains may be shut off without notice. In the case of breaks in mains, services, pumping machinery, or other waterworks equipment, and for the purpose of tapping, extending, repairing, replacing or cleaning mains, or fire, the water may be shut off without giving notice and no claims shall be considered for damage of any nature whatsoever arising from such action, although, under ordinary conditions, consumers shall be notified.
   Rule 4. The Water Department reserves the right, through its authorized agents, to enter the premises to which its service extends, at all reasonable hours, for the purpose of reading, repairing, installing, removing or inspecting meters, inspecting the piping systems thereof, or for any other purposes which it deems necessary in properly safeguarding the interests of the Village and the consumer. When such access is refused, the water shall immediately be turned off and not turned on again until access to enter has been complied with and an “off/on” charge of twenty dollars ($20.00) for customers in the Village has been paid.
   Rule 5. All water services must be metered, including firelines, in accordance with this chapter.
   Rule 6. (a)   An application for water service shall be made on the following form, shown as Exhibit A - attached to original Ordinance 9-2001, or a similar form as may be provided by the Water Department. All applications for the use of water from the Village must be made in writing by the owner of the premises on the form provided by the Water Department. When a final meter reading is ordered for transferring service, a reading must be obtained from the inside meter and the remote reading meter. If access to the meter is unavailable, the water shall immediately be turned off and not turned on again until an “off and on” charge of twenty dollars ($20.00) for customer is paid. Any party desiring water service from the Village who has a past record of nonpayment of water rental charges shall not have water service until such time as a cash deposit equal to one-half the prior normal annual billing amount has been paid to the Division of Water. If a customer moves within the Village service area, a deposit shall be required for the new address and the previous deposit shall be refunded upon payment of the final bill for the old address.
   (b)   (i)   The Village shall require, as a condition precedent to the provision of sewer and water utility services to any new non-resident users of said service system of the Village, that said non-resident users sign a contract agreement. Said contract agreement shall provide provisions for payment obligations, rate surcharges, and further shall contain provisions for the consent of the non-resident utility service users, their heirs, successors in interest, and assigns, to consent to future annexation of the subject property being served by non-resident utility services in the Village, to the Village, in the event said annexation petitions, requests or agreements are formulated in the future. Said contract agreement may be amended from time to time by motion of Council and as of the date hereof is in the form shown in Exhibit A attached to original Ordinance 9-2001 and incorporated by reference herein.
      (ii)   Excepting therefrom certain properties located in Swanton and Providence Townships subject to a specific water service agreement dated June 30, 2000, between the Village of Whitehouse and Lucas County, Ohio.
   (c)   If the Village is required to attempt to turn off the water service to any customer for any violation of the Water Rules, then a charge of twenty dollars ($20.00) for customers shall be paid, irrespective of whether or not the water service is actually turned off.
(Ord. 9-2001. Passed 5-15-01.)
   Rule 7. Any residential meter installed after the effective date of this section shall be a remote reading meter and inside meter.
   Rule 8. The Village shall require a permit for the installation of more than one master meter on a service branch supplying an apartment building or a building containing more than one distinct apartment, or more than one commercial or industrial enterprise, when plans showing the piping arrangements are submitted to and approved by the Superintendent. In cases where additional meters are installed, it shall be required that:
   A.   The meters all be contained compactly or in a meter room and that each be controlled independently of the others; and
   B.   The Village may assume responsibility for the installation and maintenance of meters under terms of an agreement made with the owner.
Buildings containing more than two units shall have a master meter for the building, if so desired. Condominium units will be individually tapped and metered.
   Rule 9. Bulk water may be provided for construction, private or public, under conditions and rates as established by the Administrator.
   Rule 10. An annual pool credit may be given on a sewer bill based on the first time per season filling.
   Rule 11. Every meter is registered by a service number and applies to street number and to the property owner’s name. A person making an inquiry regarding a meter shall give the street number and, if possible, the service number.
   Rule 12. The cost of maintenance and replacement of a meter, beyond normal wear, including a meter the titles to which may have been assigned to the Water Department by individual owners, shall be at the expense of the customer.
   Rule 13. A property owner shall be held responsible for, and shall reimburse the Water Department for the loss or theft of a meter which has been installed on his or her property.
   Rule 14. Every water meter shall be furnished at the expense of the person applying therefor, shall comply with the requirements or specifications prescribed by the Administrator and shall be of the make, type, model and design approved or adopted for use by the Water Department.
   Rule 15. A meter shall be removed only by an authorized employee of the Water Department. Unauthorized persons removing or tampering with meters shall be prosecuted to the full extent of the law.
   Rule 16. When, upon inspection, a meter seal is found to have been broken from any cause whatsoever, the water will be turned off and service not restored until twenty-five dollars ($25.00) has been paid to the Village as liquidated damages and expenses involved. At the Administrator’s discretion, such fee may be waived.
   Rule 17. The Water Department reserves the right to remove a meter from any premises and substitute another meter in its place for the purpose of making repairs and testing.
   Rule 18. The Water Department shall, on its own initiative, undertake the testing of a meter which, in its judgment, is registering incorrectly, without charge to the owner.
   Rule 19. If the property owner or consumer requests the Village to test the meter owned by him or her, the Water Department reserves the right to charge for the cost of removing and testing the meter even if the meter is found to be in correct working order. If a meter is found not in correct working order, the billing for the prior quarter only shall be adjusted.
   Rule 20. A meter shall be kept freely accessible to meter readers and other authorized employees of the Water Department and shall not be permitted to become covered with or obstructed by rubbish or any other material regardless of whether such meter is located in a meter vault, areaway or basement. A meter shall not be installed in a coal bin, coal cellar or crawl space. The Water Department reserves the right to shut off water when a violation of this rule is not corrected following due notice of such violation to the owner by the Water Department.
(Ord. 13-88. Passed 9-20-88.)
   Rule 21. Charges for water used shall be based on the meter consumption at the rates legally adopted by Council. The rates for water to consumers outside the Village shall not be less than one hundred ten percent (110%) greater than the rates established for consumers in the Village. Current rates may be obtained on inquiry at the office of the Water Department.
(Ord. 9-2001. Passed 5-15-01.)
   Rule 22. A water meter shall be read quarterly on a schedule established by the Water Department. If no meter reading was obtained, the Department reserves the right to estimate and bill for the water consumed on the basis of preceding comparable quarterly consumption. If a meter cannot be read and an estimated billing is sent for two consecutive quarters or twice in any twelve month period, the property owner shall have a remote reading meter installed at the owner’s expense. If a meter cannot be read due to an unfriendly animal in the area of the meter, the property owner assumes full responsibility and shall have a remote reading meter installed at his or her expense.
   Rule 23. Bills for metered water shall be rendered quarterly. Consumers may prepay on a monthly basis. This credit shall be applied to the next quarterly billing.
   Rule 24. A bill not paid by the fifteenth of the billing month shall be considered delinquent and shall be subject to a ten percent (10%) penalty charge. The water may be shut off on the fifteenth day of the month following the billing month, provided that written notice of delinquency is forwarded by mail to the address shown on the application for service or delivered to the residence, at least two weeks before the shut-off. At the time of the shut off notice, an additional penalty of five dollars ($5.00) shall be added to the bill. When the fifteenth day of the billing month falls on a Saturday, Sunday or a holiday, the due date shall be the next business day.
   Rule 25. When water service has been turned off on account of a delinquency, it shall not be turned on until the delinquency has been paid, together with an “off/on” charge of twenty dollars ($20.00) for customers in the Village. Service will be restored when access to enter the premises is made available. The same procedure is to be followed for an owner-requested “off/on”.
   Rule 26. The Department shall deliver bills for water by depositing the same in the post office only as a matter of convenience to the owner or consumer. The failure to receive bills shall not be construed to relieve any owner from his or her obligation as to the payment of such bills.
   Rule 27. If the owner of any premises elects to have his or her tenant or lessee pay the water charge as they accrue, such tenant or lessee does so as the agent of the owner and such owner shall not thereby be relieved from the payment of delinquencies that might occur. If the tenant or lessee has made proper application and is not delinquent in payment, the owner does not have the right to order water off without permission from such tenant or lessee.
   Rule 28. No deduction shall be made, or rebate allowed, to a consumer of water under meter control because of alleged leakage in any water pipe, tank or other apparatus or device. The amount of water registered by a meter shall be charged and paid in full, irrespective of whether such water, after having been registered, was lost by leakage, accident or otherwise. Adjustments to water bills, other than those covered by Rule 19 hereof, shall be at the discretion of the Water Department.
   Rule 29. The Water Department is not responsible for replacing frozen meters nor the cost therefor. The Department reserves the right to estimate and bill for the water consumed on the basis of preceding comparable quarterly consumption.
   Rule 30. The installation of fire protection service connections, to supply water to stand pipes and sprinkler systems for fire protection only, shall be permitted when applications and plans for such service have been approved by the Department, the Building Department and appropriate fees have been paid by the customer.
   Rule 31. All connections to the water works mains by industrial or commercial establishments for fire protection service shall include an inside meter set on the line bypassing the check valve.
   Rule 32. Lines installed for fire protection shall under no circumstances be tapped or used for the general water supply of any premises.
   Rule 33. When, upon inspection, a seal has been found broken for a cause other than fire protection, the water will be turned off, the Fire Division notified and service shall not be restored until twenty-five dollars ($25.00) has been paid to the Water Department as liquidated damages and expenses involved.
   Rule 34. The operating of fire hydrants and the drawing of water therefrom by unauthorized persons is strictly prohibited. Violators of this rule will be required to pay an assessed fee of fifty dollars ($50.00) to cover expenses and damages incurred, as well as being subject to such other penalties as may be provided by law.
   Rule 35. No person except an authorized employee of the Division of Water, or the Fire Division shall open, operate or remove the nozzle cap from a public fire hydrant to which water is supplied in whole or in part by the Water Department, or draw water therefrom, except for the purpose of extinguishing fires, without first having secured the necessary permits to do so.
   Rule 36. At the discretion of the Water Department, a special permit may be issued for the use of a fire hydrant for securing a supply of water for construction purposes, in case where a permanent supply or connection will not be required, upon the payment of charges for water to be used in accordance with a tariff of rates on file together with such hydrant fee as established. The right is hereby reserved to revoke a permit for the use of the hydrant. There shall be a minimum charge of twenty-five dollars ($25.00) for use of a hydrant, ten dollars ($10.00) of this charge shall be applied to water used.
   Rule 37. A property owner who wishes the installation of new water lines or extension of existing lines in the Village, shall file a petition requesting such lines or extension with Council. The cost of such lines or extensions shall be borne by the property owner so petitioning, at the rate per linear foot as legally prescribed by Council. The size and kind of water line to be put in shall be at the discretion of the Administrator. The work of installing shall be done under the supervision of the Superintendent. When a water line has been installed along a street by the Village, property owners on such street within 200 feet of such line shall all secure water from the line and shall pay to the Village the same rate as noted above, based upon front footage of property along such line, in addition to the water tap charges then in effect.
   Rule 38. A subdivision developer operating in the Village may petition for permission to install new water lines or extensions of existing water lines, the provisions of Rule 37 notwithstanding, and approval of the same may be granted by Council for such installation or extension, provided that such developer shall defray the entire cost of the waterlines or extension and that the same shall be completely agreeable to plans and specifications approved by the Administrator and under the supervision of the Water Department.
   Rule 39. No person except an employee of the Water Department or authorized person shall tap or make a connection with the mains or distribution lines of the Village waterworks. A permit for water service must be obtained at the office of the Water Department. Such permit, together with the application and fee for the tap, must then be presented to the Clerk of the Department. All service connections of lines for supplying water from mains must be installed at the expense of the property owner. Water tap fees (listed below) may be amended from time to time by the Village Council. (Ord. 13-88. Passed 9-20-88.)
Water Tap Fees
   Inside Corporation Limits: All residential, commercial and industrial taps: $750.00
   Outside Corporation Limits: All residential, commercial and industrial taps: $1,500.00
   Fireline or Fire Suppression Line: Actual cost of materials plus inspection costs.
   The tap-in charge set forth above is hereby established for the connection of any standard one-inch diameter water tap to the Village water distribution lines for property within the Village. Any water tap exceeding one-inch diameter shall be charged the water tap fee set forth above plus the cost of additional materials over and above the standard one-inch tap.
(Ord. 9-2001. Passed 5-15-01.)
   Rule 40. All lines between the curb stop and the meter shall be of Type K soft copper, of a minimum diameter of one inch. Repairs to existing lines shall be made of copper or the entire line must be replaced after inspection, at the discretion of the Superintendent. Any service line or materials which requires more than a one-inch diameter is to be paid by the customer.
(Ord. 9-2001. Passed 5-15-01.)
   Rule 41. Any service between the main and the curb stop which is broken or damaged by anyone, other than an employee of the Water Department while performing work at these connections, shall be repaired or replaced by the Department at the expense of the individual who damaged the service.
   Rule 42. All new water taps shall have a back water check valve device installed by the Water Department and paid for by the customer.
   Rule 43.  No person except an authorized employee of the Water Department shall open or close curb stops or gate valves. Unauthorized persons turning on or off water services to any customer shall be prosecuted to the fullest extent of the law. (Ord. 13-88. Passed 9-20-88.)
   Rule 44. At the discretion of the Superintendent if an approved backflow prevention device is necessary for the safety of the public water system, the Superintendent shall give notice to the water consumer to install such an approved device immediately. The water consumer shall, at his or her own expense, install such an approved device at a location and in a manner approved by the Superintendent. Inspections of the device shall occur once every twelve months by a person qualified to inspect and test backflow prevention devices and approved by the Superintendent. All test documentation shall be available for review upon request.
   If the water consumer does not comply with this Rule within a reasonable time, the Superintendent may turn off the water service to the property in violation of this Rule and take such other precautionary measures as he or she may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with this Rule. The Superintendent shall also conduct surveys and investigations to be made of industrial and other properties served by the public water supply where actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the Superintendent deems necessary.
   On demand, the owner, lessee or occupant of any property so served shall furnish to the Superintendent any information which he or she may request regarding the piping system or water use on such property. The refusal of such information when demanded, shall, at the discretion of the Superintendent, be deemed evidence of the presence of improper connections as provided in this section. (Ord. 4-2010. Passed 4-20-10.)
   Rule 45. Delinquent charges for water shall be assessed against the property to which the service is rendered and shall be a lien against such property, collectible in the same manner as other taxes and assessments. A person purchasing such property, shall ascertain if there is any unpaid water bill standing against the property.
   Rule 46. When any check or other negotiable instrument used in the payment of any water service charge is dishonored, an additional charge shall be added to the customer’s bill. The amount of such charge shall be as determined by Council from time to time.
   Rule 47. The use of a private well or point for consumption, watering or other use is prohibited providing there is a public water line available within two hundred feet of a property line.
   Rule 48. The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purpose, situated within the Village and abutting on any street, alley or right of way in which there is now located or may in the future be located a public waterline, is hereby required at his or her expense to connect such building or property, directly into the public waterline, in accordance with rules promulgated by the Superintendent, within ninety days after the official notification to do so, provided that said public waterline is within two hundred fee of the property line.
(Ord. 13-88. Passed 9-20-88.)