Ordinance Regulating the Use of the Water Supply System of the Village of Killbuck.

 

WHEREAS there is a need within the Village of Killbuck for orderly regulation of the water supply system pursuant to Chapter 743 of the Ohio Revised Code.

WHEREAS the Board of Public Affairs has recommended to the Village Council provisions therefore pursuant to R.C. 735.29; now therefore

BE IT ORDAINED by the Council for the Village of Killbuck, County of Homes and the State of Ohio as follows:

 

            SECTION 1. WATER SUPPLY SYSTEM REGULATIONS ESTABLISHED FOR WATER SUPPLY SYSTEM USE AND ADMINISTRATION.

(A)  Request by Property Owner or Consumer for Testing.

In cases where the property owner or consumer request the Village to test the meter by such property owner, the Village reserves the right to charge for the costs of removing and testing the meter if the meter is found to be in proper working order.  This fee shall be one hundred ($100.00) dollars for residential users and five hundred ($500.00) for commercial or industrial users.

(B)   Accessibility and Placement of Meters.

(1)   Meters shall be kept freely accessible to meter reader and other authorized employees of the Killbuck Water Department and shall not be permitted to become covered with, or obstructed by, rubbish or other material regardless of whether such meters are located in meter vaults, area ways or basements.  Meters shall not be permitted to be installed in coal cellars.  The Villages reserves the right to shut off water when violations of this regulation are not corrected within ten (10) days after notice of such a violation to the owner of the property.

(2)   If the meter reader is unable to procure a reading of a meter after two (2) calls due to the act that the building is locked or vacated, or to the occupant not permitting entrance or if the ingress is obstructed in any manner whatsoever, water may be turned off, or an estimated charge for water consumed may be made.

(3)   It shall be the duty of all property owners to arrange the plumbing of the property so that all water used by the property owner shall pass through the meter.  No line or lines before the meter setting or from the main line to same building or other buildings shall be permitted.  When not possible to so arrange, separate meters shall be installed.  Duplexes and other multiple family dwellings must have separate water shut offs for each sub section of the building or buildings.

(4)   If a water meter cannot be conveniently and safely located within a building, a meter pit shall be installed at the owner’s expense.  In roughing in a plumbing job, a space that is designated as a meter site must be provided.  This site must be of the proper dimensions for inserting the meter to be used in a safe and convenient manner.

 

Water meters shall be approved and purchased by the Village.  The property owner is responsible for and shall pay for the installation and hookup of the meter to the residence or building.  The property owner will have a maximum of forty-five (45) days to complete the installation from the date the meter is delivered to the property site. 

(5)   Each lot shall have its own water service, and no water line or lines shall extend from one lot to another lot, or any other piece of ground.  A variance for this regulation may be obtained with Board of Public Affairs’ approval.

If no variance is obtained from the Board of Public Affairs and a violation exists, the Board of Public Affairs shall have written notice served upon the lot owner that a violation exists and shall give the owner___ days (number to be determined on an individual basis) to have separate water service properly installed.  If such owner is a nonresident of the Municipality who address is known, such notice shall be sent to the address by certified mail; if unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in Holmes County.  If such owner resides in Holmes County, service shall be by personal service or certified mail. 

If the owner fails to comply with such notice, the Board of Public Affairs shall cause separate water service to be installed and may employ all necessary labor to perform the task.  All expenses incurred shall, when approved by the legislative authority, be paid out of any money in the treasury of the municipal corporation not otherwise appropriated.  The owner of the lot shall receive a written invoice from the Board of Public Affairs. 

In the event the invoice remains unpaid for thirty (30) days, the Board of Public Affairs may certify said charges to the Holmes County Auditor to be included on the tax records and/or pursue any other means of collection available to it through the legal system. 

(6)   No person shall bypass or cause to be bypassed, or take any action to attempt to bypass any Village water meter except with the expresses prior approval or at the discretion of the Board of Public Affairs.

(C)   Billing and Payment.

(1)   Cost to Consumers.  Charges for water used shall be based on the meter consumption at the rates adopted by the Village, provided, however, that no new permits shall be issued for water service beyond the Village limits.

(2)   Readings of Water Meters.  The reading of the meter shall be done, by the 20th of every month.  Where premises cannot be entered for the purpose of reading meters, a return card may be left on which the consumer may insert his meter reading which he will forward to the Killbuck Water Department for billing.  In cases where no meter reading is obtained either by return card or in case of an inoperative meter or by two unsuccessful attempts to read the meter, the Village reserves the right to estimate and bill for the water consumed on the basis of proceeding comparable monthly consumption.

(3)   Water and sewer charges not paid by the twentieth (20th) of each month shall incur an additional five dollar ($5.00) late fee per month for residential users and an additional ten dollars ($10.00) late fee per month for commercial users.  Water and sewer charges that have not been paid as a result of insufficient funds (i.e. returned check) shall be treated as thirty (30) days past due and will result in a shut-off of the service, without notice.

(4)   Delinquent Water Bills.  If bills remain not paid within thirty (30) days of the billing date, the water will be shut off without further notice and a reconnection fee of fifty ($50.00) dollars will be added to the bill. Additionally, any sewer account that has an unpaid account balance of any amount for more than one hundred eighty (180) days will result in a shut-off of the service, without further notice.  Prior to reconnection of the water service, the account must either be paid in full or an approved payment plan must be established between the account holder and the Board of Trustees for Public Affairs.  The payment plan shall require a monthly payment of at least 1½ times the regular monthly charge.  Partial payments will not be accepted by the village and shall result in the disconnection of service.  Any person or persons have the right to have a hearing with the Board of Public Affairs regarding their delinquent water bills, upon request and reasonable notice to the Board of Public Affairs.

(5)   Water Charges as a Lien.  Water charges are the responsibility of the owner and properly documented lessees of such property.  Property owners and the documented lessees are jointly and severely liable for unpaid water bills.  Water charges not paid by the twentieth (20th) of each month shall incur an additional five dollars ($5.00) late fee per month for residential users and an additional ten dollars ($10.00) late fee per month for commercial users.  Partial payments are unacceptable for keeping the water from being shut-off.  All users must pay their account in full each month or agree to a payment plan with the Village Clerk or the Board of Trustees for Public Affairs. 

The Village of Killbuck and the Board of Trustees for Public Affairs to recover unpaid water fees by certification on the tax records and/ or any other means available to them through the legal system.  Unpaid water fees will be certified and reported to the auditor within 30 days following the suspension of water service by village officials.  In addition, any account that has been inactive for 30 days and has an outstanding balance due at that time may be certified and reported to the auditor for tax purposes If the unpaid water/sewer charges are certified to the auditor, those charges will become a lien on the property.

(6)   Owner/Renter Water Bill Payment Responsibilities.

Water and sewer charges are the responsibility of the owner and properly documented lessees of such property.  Property owners and the documented lessees are jointly and severely liable for unpaid water bills.  Partial payments are unacceptable for keeping the water from being shut-off.  All users must pay their account in full each month or agree to a payment plan with the Village Clerk or the Board of Trustees for Public Affairs. 

(7)   Water May Be Refused for Delinquent Accounts.

                                                                          i.      Any water bill that remains unpaid for thirty (30) days will result in a shut-off of the service, without further notice. Additionally, any sewer account that has an unpaid account balance of any amount for more than one hundred eighty (180) days will result in a shut-off of the service, without further notice.  The costs of reconnection of water services shall be fifty dollars ($50.00).  Prior to reconnection of the water service, the account must either be paid in full or an approved payment plan must be established between the account holder and the Board of Trustees for Public Affairs.  The payment plan shall require a monthly payment of at least 1½ times the regular monthly charge.  Default on the payment plan will result in the disconnection of service until the account is paid in full.  Those who have defaulted on a payment plan at any time must have written approval from the Board of Public Affairs to establish a new payment plan agreement.

                                                                        ii.      No new account for water service may be established with the Village of Killbuck until all previous water accounts are paid in full.  The Village of Killbuck reserves the rights to refuse or establish a new water account for any individual, lessee/renter, or property owner with an outstanding balance on any current or previously held account.

(8)   No Allowance or Rebate Due to Leaks. No deduction shall be made or rebate allowed to any consumer of water on account of leakage or alleged leakage in any water pipe, tank, or other apparatus or device.  The amount of the water registered by any meter shall be charged and paid for in full regardless of whether such water, after having been registered, was lost by leakage, accident, or otherwise.  In no case will rebates or discounts of the established water rates be permitted. 

The property owner shall be responsible for the repair or replacement of line or lines beyond the Village shut off valve to the residence or commercial building.  The owner shall have seven (7) days to repair or replace any leaking pipe, connection, or other materials used to transfer water service to the residence after being notified of the leak. The Villages reserves the right to shut off water when violations of this regulation are not corrected within the allotted time frame.

(9)   Water Turn-on or Turn-offs.  Persons moving into or out of a residence need to contact the Village Clerk.  The Village Clerk will then check the status of the account of the previous and/or current landowner.  The new/current account holder will be required to pay a fee of twenty-five ($25.00) dollars for turning on the water supply.  There will be no fee assessed for turning the water supply off.  The Superintendent of the Water/Wastewater Department will be given the proper notification for the action (turn-on or turn-off).  The Superintendent will return the paperwork to the Village Clerk after completing the task.

Water turn-on and/or turn-offs will be done during normal business hours, unless prior arrangements have been made with the Water/Wastewater Superintendent.  If water a turn-on or turn-off is made after business hours without prior arrangements being made, an additional fee of twenty-five ($25.00) dollars will be assessed to cover the overtime costs and other expenses (i.e. $50.00 for a water turn-on or $25.00 for a water turn-off).

                        (9) Water Service Taps.  Any user requesting a new water service tap will be required to pay a fee of one thousand ($1,000.00) dollars to cover the materials and installation of a standard ¾” tap connection.  If the required tap is larger than ¾”, the user will be charged an amount equal to the costs of time and materials for the tap and installation (with a minimum charge of one thousand ($1,000.00) dollars.

 

(D)  Fire Protection.

(1)   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 submitted to the Village and it has been approved by the Village Council.

(2)   All connections to the waterworks mains by industrial or commercial establishments for fire protection service shall include a meter pit with piping and detector-type meters.

(3)   Pipes intended for fire protection shall not be tapped or used for the general water supply of any premises.

(4)   All outlet valves on the fire protection line shall be sealed by the Killbuck Water Department and only opened in case of fire.

(5)   When a seal has been broken, immediate notice shall be given to the Killbuck Water Department. 

(6)   When, upon inspection, any seal has been found broken from any cause whatsoever, other then fire protection, the state fire marshal shall be required to inspect the premises and the water shall be turned off, the fire department notified and the water not turned on again until the sum of fifty ($50.00) dollars has been paid to the Killbuck Water Department as liquidated damages and expenses.

(7)   In lieu of charges for water used in cases of fire, the Village shall require the payment of two ($2.00) dollars quarterly per inch of diameter of connection to the village main.  In addition, quarterly charges at the current water rates shall be billed for any water registered for any water registered by the detecto-type meters.

(8)   Fire hydrants are intended primarily for the use of the fire department, and such use shall not in any way be interfered with.  Permits for their use for other purposes are given reluctantly and only in cases where such use cannot be avoided; and penalties for unauthorized use are provided by ordinance as well as by this chapter.

(9)   Operation of fire hydrants drawing of water there from by unauthorized persons is strictly prohibited.  Whoever violates this section shall be required to pay an assessed fee of three hundred ($300.00) dollars.  Should the hydrant(s) become damaged during such an action, the violator(s) will be responsible for paying for the actual repair/replacement of the hydrant in addition to the labor costs as determined by the Village; as well as being subject to such other penalties as may be provided by law.

Any damage to the fire hydrant or hydrants occasioned by an act of the user or due to freezing shall be repaired by the Killbuck Water Department at the expense of the user at the current rate of materials and employees time.  This will include any overtime charges, if needed, to complete the repair.

(10)           No person except an authorized employee of the Killbuck water Department, the fire department, or of the street or sewer departments shall open, operate or remove the nozzle cap from any public or private fire hydrant to which water is supplied in whole or in part by the Killbuck Water Department or draw there from except for the purpose of extinguishing fires without first having secured the necessary permits to do so.

(11)           At the discretion of the Board of Public Affairs, a special permit may be issued for use of a fire hydrant for securing a supply of water for construction purpose upon payment of charge for water to be used in accordance with established rates on file together with such hydrant fees as established from time to time covering the use to the hydrant or hydrants.  The Board of Public Affairs reserves the right to revoke any permit for the use of fire hydrants.

(12)           Fire hydrants used for construction purposes shall have a reducing coupling with a maximum size of one and one-half (1 ½) inches attached to the nozzle of the hydrant, with independent valves for regulation of supply.  The main valve of the fire hydrant shall be opened fully at the beginning of each work day and remain open until stoppage of work for the day at which time the hydrant will be shut off until returning to work on the next scheduled day.  The water supply is to be regulated by an independent valve located within the line attached to the fire hydrant while in use.  Only a spinner supplied by the Killbuck Water Department shall be used to operate the fire hydrant.  At the close of the day’s work, the connection shall be completely disconnected so as to make the hydrant available for use by the fire department.

Any damage to the fire hydrant or hydrants occasioned by an act of the user or due to freezing shall be repaired by the Killbuck Water Department at the expense of the user at the current rate of materials and employees time.  This will include any overtime charges, if needed, to complete the repair.

(13)           No person or persons shall haul or use a hydrant or hydrants to haul water without first acquiring a permit from the Board of Public Affairs.

(E)   Line Extensions.  Property owners desiring the laying of new water lines or extensions in the Village shall present a petition requesting such lines or extensions to the Village.  The cost of such lines or extensions shall be paid by the property owner or owners so petitioning, at the rate per lineal feet as legally prescribed by the Village.

The size and kind of water line to be installed shall be decided by, and the work of installing shall be done under the supervision of the Village.  When a water line has been installed along a street in the manner set forth, any property owner or occupant on such street along such line who has not joined in the petition nor paid on the line and who desires to secure water from the line; shall pay to the Village the same rate based upon the front footage of his or her property along such line.

            (F)Service Connections.

(1)   No person except an employee of the Killbuck Water Department shall be permitted to tap and make any connection with the main or distribution lines of the water system.

(2)   The Killbuck Water Department shall furnish the corporation cock, curb cock, curb cock box, and the copper tubing from the corporation cock to the curb cock. 

(3)   The property owner shall connect his service to the curb cock and leave the line exposed to the meter connection until tested and approved by the Killbuck Water Department.  It is the responsibility of the property owner to maintain, repair, and replace at no cost to the Village any connection and/or service line connecting the residence/business to the main water line from the building to the curb cock.  The owner will meet all current requirements for all connections and service lines as established by the Village of Killbuck should repair or replacement be required.

(4)   All lines between the curb cock and meters shall be of type K copper or better, repairs to existing lines shall be made of copper or the entire lines shall be replaced after inspection and at the discretion of the Killbuck Water Department.

(5)   Any service between the main and curb cock which is broken or damaged by anyone other than an employee of the Killbuck Water Department while performing work at these connections shall be exposed by trenching at the expense of the property owner.  Repairs shall be made by the water department at the expense of the property owner. 

(6)   No water service arrangement shall be allowed whereby there may be any possibility of rain, river or other water flowing into the water department lines.  No service pipe shall be connected with the Killbuck water supply, with water from any other source, so as to prevent any pumping or such flow through Water Department lines.

(7)   When any premises are supplied with water from two or more standard services such service shall be provided with check valves so that water can flow into the premises but cannot flow, in a reverse direction, out through either of the services.

(8)   No person except an employee of the Killbuck Water Department shall be permitted to open or close curb stops or gate valves.  Person or persons violating this regulation shall be held responsible for any damages to water department property and will fined three hundred ($300.00) dollars.  In cases of emergency, private contractors may shut off the water supply to the residence at the curbs stop.

(9)   When a leak occurs between the curb valve and the house or building to which the water is supplied, it shall be the duty of the owner to have repairs made at once.  If repairs are not made within seven (7) days, water service shall be disconnected.

(10)           The water department shall not be responsible for breaks in the main or service lines that cause flooding in a basement or damage to premises in any way whatsoever.

(11)           When the Water Department turns the water off at any premises, it will not drain the pipes in the premises or otherwise protect the fixtures within and is in no way responsible for any damages that may result.

(12)           It is the owner’s responsibility to promptly notify the Water Department when he or she wishes to have the service discontinued for any reason.  Otherwise the minimum charge shall continue to be charged to the account holder on a monthly basis.

(13)           Special use of water for which no regular rate is given and which may be used under special circumstances shall be at the discretion of the Board of Public Affairs, and the charges shall be at special rates that are established from time to time by the Board of Public Affairs.

(14)           Any duly authorized employee or agent of the Village of Killbuck bearing proper credentials and identification shall be permitted at all reasonable times and with at least 24 hours notice, except in the event of an emergency, to enter upon all properties within the corporate limits of the village or outside the village that has contracted for water service, for the purpose of inspecting, observing, measuring, sampling, and testing as may be required in pursuance of the implementation and enforcement of the terms and provisions of this section.  In an event of an emergency, as determined by the Village, any entry onto a property shall be deemed reasonable and any notice requirement is suspended.

While performing the necessary work on private properties referred to in the Ordinance, the duly authorized employees of the Village of Killbuck shall observe all safety rules applicable to the premises established by the commercial or industrial user.  The user shall endeavor to make the Village of Killbuck employee aware of all such rules.

            (G) Penalty.  Whoever violates any provisions of this section shall be fined not more than one thousand ($1,000.00) dollars.  Each day a violation continues or occurs shall be considered a separate offense.

            SECTION 2. EFFECTIVE DATE

            This ordinance shall be enforced and taken into effect from and after the earliest period allowed by law.

 

            Passed at a monthly meeting of the Village Council duly convened with a quorum present this _________ day of __________, 2012.

 

_______________________________

Council President, Village of Killbuck

 

 

APPROVED:

 

_______________________________

Denny Hahn, Mayor

 

ATTEST:

 

_______________________________

Nyla Burick, Fiscal Officer