PART NINE – STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE – Street and Sidewalk Areas
Chap. 901. Street Excavations.
Chap. 903. Street Sweeping.
Chap. 905. Sidewalks and Driveways.
Chap. 907. Surface and Grades.
TITLE THREE – Public Utilities
Chap. 921. Sewers.
Chap. 923. Water.
Chap. 924. Backflow Prevention.
Chap. 925. Gas.
TITLE FIVE – Other Public Services
Chap. 955. Garbage and Rubbish Collection.
TITLE ONE – Street and Sidewalk Areas
Chap. 901. Street Excavations.
Chap. 903. Street Sweeping.
Chap. 905. Sidewalks and Driveways.
Chap. 907. Surface and Grades.
CHAPTER 901
Street Excavations
901.01 Definition.
901.02 Permit required; fees.
901.03 Insurance required.
901.04 Supervision by Village Administrator.
901.05 Protection of openings.
901.06 Return of deposit.
901.07 Exception.
901.99 Penalty.
CROSS REFERENCES
Establishment and care of streets – see Ohio R.C. 715.19, 723.01 et seq.
Excavation liability – see Ohio R.C. 723.49 et seq.
Driving on street in process of construction – see TRAF. 331.28
901.01 DEFINITION.
Wherever the words streets, boulevards, avenues and alleys are used, such words mean that land lying between private lot lines and dedicated for public use. (Ord. 2398. Passed 10-19-57.)
901.02 PERMIT REQUIRED; FEES.
No person, other than a duly authorized Village officer or employee, shall make any opening in any street, boulevard, avenue, alley, highway or other public grounds in the Village or remove the surface of any sidewalk or any part thereof, or open any sidewalk in the Village, unless such person has first filed with the Code Enforcer (Village Administrator) a written or printed application for a permit therefor, setting forth and accurately indicating the location, kind and extent of the proposed opening or removal of the walk and the number, purpose and size of the openings or excavations which are desired or necessary, and unless such person has obtained such a permit and paid the fee therefor as stipulated herein. If any openings or excavations are for a purpose other than pursuant to a contract with the Village or at the request of the Village, the applicant shall pay to the Mayor a fee of ten dollars ($10.00) for paved streets, alleys and sidewalk openings and a fee of five dollars ($5.00) for unpaved streets, alleys or sidewalk openings, and shall deposit with the Mayor an additional amount sufficient to cover the cost of and supervision of backfilling, repairing, restoring and relaying the pavement or hard surface of the sidewalk, together with the cost of any new material, as estimated by the Code Enforcer or any other person designated by the Mayor to make the estimate. (Ord. 2006-12. Passed 6-1-06.)
901.03 INSURANCE REQUIRED.
Before any permit is issued, the applicant shall deposit with the Mayor an insurance policy, issued by a company authorized to write insurance in the State, designating the Village as the insured therein, by the terms of which the Village is saved harmless from any and all claims for bodily injury within the limits of fifty thousand dollars ($50,000) for each person, one hundred thousand dollars ($100,000) for each accident and for property damage claims five thousand dollars ($5,000) for each accident arising or growing out of the street opening or removal of the surface of any sidewalk or opening in any sidewalk or the prosecution of the work for which the permit is obtained, or in any manner arising or growing out of the work necessary or incident to the issuance of the permit or that may be occasioned by reason of any opening or anything else done pursuant to the permit.
(Ord. 2398. Passed 10-19-57.)
901.04 SUPERVISION BY VILLAGE ADMINISTRATOR.
All openings made within the street lines or sidewalks removed shall be subject to the directions of and under the supervision of the Village Administrator. All paving, material, flagging, curbing and ballasting shall be carefully removed and preserved, and after the work is done, as contemplated by the application for the permit heretofore referred to, the trench or opening shall be refilled in accordance with the directions of the Village Administrator and the flagging, concrete, paving or other paving material shall be properly replaced under the supervision of the Village Administrator, but at the applicant’s expense.
(Ord. 2398. Passed 10-19-57.)
901.05 PROTECTION OF OPENINGS.
All openings, obstructions or locations of sidewalk removal shall be carefully guarded, protected or barricaded at all times, and during the night season shall be defined by red colored lights and such other precautions shall be taken as shall be necessary to guard against accidents. In this respect, the Village Administrator may issue any additional orders as he may deem proper which shall be implicitly and promptly complied with. At all times the work shall be done so as to cause the least inconvenience to property owners and the general public.
(Ord. 2398. Passed 10-19-57.)
901.06 RETURN OF DEPOSIT.
When any work under any permit is completed, and all the mandates of this chapter have been complied with and all orders of the Village have been fulfilled with respect to the work or the object for which the permit was obtained, the Village Administrator shall issue a warrant to return the excess of the cost to the person who made the deposit; if the deposit is not sufficient to reimburse the Village as herein provided, the Village Administrator shall certify the deficiency to the Mayor, who shall thereupon notify the permittee of the deficiency and proceed to collect the same from such permittee.
(Ord. 2398. Passed 10-19-57.)
901.07 EXCEPTION.
Nothing herein contained shall be deemed applicable to any contracts with the Village with respect to street openings.
(Ord. 2398. Passed 10-19-57.)
901.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ten days, or both.
(Ord. 2398. Passed 10-19-57.)
CHAPTER 903
Street Sweeping
903.01 Streets sweeping schedule; public notice.
903.02 Removal of vehicle authorized.
903.99 Penalty.
CROSS REFERENCES
Power to establish and care for streets – see Ohio R.C. 715.19, 717.01, 723.01
903.01 STREET SWEEPING SCHEDULE: PUBLIC NOTICE.
The Village Administrator is hereby authorized to establish a schedule for the cleaning of public streets by the street sweeping machine, and to cause public notice to be made of such schedule. The posting on each of the streets of the times for cleaning thereof and periodic announcements in a newspaper of general circulation in the Village, shall constitute adequate public notice for the purposes of this section. Parking on such streets shall be prohibited during the times scheduled for the streets sweeping operations.
(Ord. 334. Passed 7-7-66.)
903.02 REMOVAL OF VEHICLES AUTHORIZED.
Any police officer finding a vehicle parked in violation of this chapter is authorized to provide for the removal thereof to the nearest garage or other convenient place of storage or to require the owner or other person in charge of the vehicle to move the same.
(Ord. 334. Passed 7-7-66.)
903.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be fined not more than fifty dollars ($50.00) for each offense.
(Ord. 334. Passed 7-7-66.)
CHAPTER 905
Sidewalks and Driveways
905.01 Supervising sidewalk construction.
905.02 Permit for sidewalk construction.
905.03 Information for permit.
905.04 Fee.
905.05 Issuance of permit.
905.06 Specifications for concrete sidewalks.
905.07 Specifications for concrete curbs.
905.08 Access by handicapped.
905.99 Penalty.
CROSS REFERENCES
Sidewalks and gutters – see Ohio R.C. 729.01 et seq.
Riding bicycles on sidewalks – see TRAF. 373.18
Sidewalk obstructions – see GEN. OFF. 517.04
Duty to keep sidewalks in repair and clean – see GEN. OFF. 517.06
Openings in sidewalks – see S.U.& P.S. 901.02 et seq.
905.01 SUPERVISING SIDEWALK CONSTRUCTION.
It shall be the duty of the Code Enforcer (Village Administrator) to supervise the construction of all sidewalks within the Village. (Ord. 2006-13. Passed 6-1-06.)
905.02 PERMIT FOR SIDEWALK CONSTRUCTION.
No person shall construct or lay a sidewalk, a driveway across a sidewalk, or improve an existing sidewalk when the improvement calls for a breaking of a pavement on any public street in the Village, without first securing from the Code Enforcer (Village Administrator) a permit to do so. The Village Administrator shall require all of the aforementioned construction to be concrete. (Ord. 2006-13. Passed 6-1-06.)
905.03 INFORMATION FOR PERMIT.
The application for a permit shall contain a statement showing the location of such proposed sidewalk or driveway and the name and address of the owner of the abutting premises. Separate permits must be obtained for each piece of property involved.
(Ord. 2398. Passed 10-19-57.)
905.04 FEE.
The fee for issuing such permits shall be ten dollars ($10.00) for each permit.
(Ord. 2006-13. Passed 6-1-06.)
905.05 ISSUANCE OF PERMIT.
The issuance of such permit shall authorize the necessary reasonable use of sidewalk or street space for the deposit of material needed for the construction or repair, subject to any rules or regulations governing such temporary deposits of material.
(Ord. 2398. Passed 10-19-57.)
905.06 SPECIFICATIONS FOR CONCRETE SIDEWALKS.
(a) Width of sidewalks shall not be less than four feet, except in areas where the right of way is of insufficient width to permit full width construction, sidewalks may be three feet in width. Walks of greater width may be constructed, but no blocks shall exceed forty square feet or less than twenty square feet.
(b) Subgrade shall consist of a six-inch base of gravel, slag or broken stone, thoroughly tamped and dampened to the satisfaction of the Engineer before any concrete is placed. The forms shall be smooth, free from warp and of sufficient strength to prevent springing out of line, and of a depth to conform to the depth of the finished sidewalk. Forms shall be well staked, thoroughly braced and properly and accurately set to the established line and grade, with their upper edges conforming to the proper finished surface.
(c) Concrete used in the construction shall be 1-2-3 mix ratio; transit mixed, composed of air-entrained Portland cement, clean sharp sand and coarse aggregate of gravel. The largest of aggregate shall be not more than three-fourths inch size. The use of bituminous concrete for sidewalk construction is forbidden.
(d) Concrete shall be four inches in depth, except where any sidewalk crosses a driveway, then the concrete shall be a minimum of six inches in depth.
(e) The sidewalk shall have 6×6/10 welded wire fabric placed in the center for the full width and two-inch clearance at the front and the back edge of the sidewalk.
(f) In general, walk surface shall be a slope transversely toward the curb, of not less than one-fourth inch to the foot to facilitate drainage. Where new walk joints old construction, enough of old walk must be removed to make a safe, smooth transition.
(g) Excavated material for walks shall be hauled from the street or adjoining walk as soon as removed.
(h) The concrete shall be properly tamped against the forms and screened to a true surface. The surface shall be finished with a wood float, care being taken to thoroughly compact the concrete, and the wearing surface when finished shall have a moderately rough surface. On steep grades the surface shall be roughened by brooming as required by the Engineer. Working with a steel float on the final wearing surface finish is expressly prohibited. All edges of the slab shall be finished to a radius of three-eighths of an inch. The application of dry cement to hasten drying of the surface is strictly forbidden.
(i) (1) A non-extruding expansion joint, one-half inch thick and full depth of concrete, shall be placed at intervals not to exceed twenty feet and where walk joins old construction. Contraction joints shall be placed at five foot intervals between expansion joints.
(2) Where a sidewalk is placed against the curb and extends to entrance steps, building foundation wall or other structure on the property line, a non-extruding expansion joint shall be placed along the existing face of foundation walls, steps or other structures adjoining new walk. New concrete shall be protected be wet burlap or other curing material for a period of three days.
(j) The walk shall be constructed to the full satisfaction of the Village and under the direction of the Village Administrator. Any flagrant disregard of the foregoing sidewalk specifications shall be just cause for removal and reconstruction of any part, or all, of the sidewalk in question.
(Ord. 1242. Passed 3-17-88.)
905.07 SPECIFICATIONS FOR CONCRETE CURBS.
(a) Concrete used in the construction of the curbs shall be 1-2-3 mix ratio; transit mixed, composed of air-entrained Portland cement, clean sharp sand and coarse aggregate of gravel. The largest of aggregate shall be not more than three-quarter inch in size. The use of bituminous concrete for curb construction is forbidden. Curbs shall be twenty inches in depth, including an exposure of six inches above the gutter line paving or gutter line grade; seven and three-eighths inches wide at the bottom and six inches wide at the top with the back or walk side plumb. Curbs shall be constructed to the lines and grades as established by the Village Administrator and subject to the approval and inspection of the Village Administrator.
(b) Curbs must be constructed as independent curbs. Monolithic curb and sidewalk may be constructed only on written permission of the Village Administrator. One and three-eighths inch batter must be allowed in the top six inches of the curb on the vehicular traffic side. The curb shall be of full depth of twenty inches, and a dummy joint six inches wide, cut between the curb and the sidewalk. Under no circumstances shall the top of any existing curb be removed and fresh concrete be placed thereon to save depth.
(c) The front of the curb shall have a one and one-half inch radius on the top edge. The back of the curb will have a one-half inch radius on the top edge. There shall be a three-eighths inch drop from back of curb to front of curb.
(d) Excavated material for curbs shall be hauled from the street or adjoining walk as soon as removed.
(e) Forms shall be of wood or metal, straight, free from warp, and of such construction that there will be no interference with the inspection of the grade or alignment. All forms shall extend for the entire depth of the curb and shall be braced and secured sufficiently so that no deflection from alignment or grade will occur during the placing of the concrete. Forms shall be cleaned and oiled just prior to placing of the concrete.
(1) Forms shall be left in place for twenty-four hours unless the concrete has set sufficiently prior to that time to permit their removal without damage to the curbing. Upon removal of the forms, the exposed curbing face shall be immediately rubbed to a uniform surface. Rubbing shall be accomplished by the use of water and a wood block or carborundum brick.
(2) Immediately upon completion of the rubbing, the curbing shall be moistened and protected by wet burlap or other curing material for a period of three days.
(f) Curbing shall be constructed in sections having an approximate length of ten feet. Sections shall be separated by joints one-eighth inch wide except at expansion joints. Expansion joints shall be formed at twenty foot intervals and where joining to existing curbing using a one-half inch preformed expansion joint filler material.
(g) Curb to be constructed to the full satisfaction of the Village and under the direction of the Village Administrator. Any flagrant disregard of the foregoing curb specifications shall be just cause for removal and reconstruction of any part, or all, of the curb in question.
(Ord. 1242. Passed 3-17-88.)
905.08 ACCESS BY HANDICAPPED.
The specifications for concrete sidewalks and curbs as set forth in this chapter shall be construed in conformity with all Federal and State requirements relating to curb and sidewalk specifications for access by the handicapped. Nothing in this chapter shall be construed as preventing the construction of special access ramps for the handicapped in conformity with Federal and State statutes and regulations.
(Ord. 1242. Passed 3-17-88.)
905.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be fined not more than seventy-five dollars ($75.00).
(Ord. 2006-13. Passed 6-1-06.)
CHAPTER 907
Surface and Grades
907.01 Council permission.
907.99 Penalty.
CROSS REFERENCES
Changing established grade – see Ohio R.C. 727.07
Grade levels – see ADM. 103.01
907.01 COUNCIL PERMISSION.
No person shall change the grade, excavate, use, obstruct, or disturb in any manner the surface or grade of any street or alley, whether improved or unimproved, dedicated or undedicated, over which the Village has exercised supervision and control, without first obtaining the permission of Council.
(Ord. 239. Passed 8-6-64.)
907.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be fined not more than fifty dollars ($50.00). Each day’s violation shall constitute a separate offense.
(Ord. 239. Passed 8-6-64.)
TITLE THREE – Public Utilities
Chap. 921. Sewers.
Chap. 923. Water.
Chap. 924. Backflow Prevention.
Chap. 925. Gas.
CHAPTER 921
Sewers
921.01 Definitions.
921.02 Use of public sewers required.
921.03 Private wastewater disposal.
921.04 Building sewers and connections.
921.05 Use of the public sewers.
921.06 Tampering.
921.07 Powers and authority of Inspectors.
921.08 Sewer user fee.
921.09 Submersible lift stations.
921.99 Penalty.
CROSS REFERENCES
Service connections – see Ohio R.C. 727.05
Compulsory sewer connections – see Ohio R.C. 729.06
Municipal sewerage – see Ohio R.C. 729.31 et seq.
921.01 DEFINITIONS.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(a) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius (20o C), expressed in milligrams per liter.
(b) “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
(c) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal, also called house connection.
(d) “Combined sewer” means a sewer intended to receive both wastewater and storm or surface water.
(e) “Easement” means an acquired legal right for the specific use of land owned by others.
(f) “Floatable oil” means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
(g) “Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
(h) “Industrial wastes” means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
(i) “Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
(j) “Normal domestic sewage” means wastewater having a BOD5 of 200 mg/l and a TSS of 240 mg/l.
(k) “NPDES permit” means the National Pollutant Discharge Elimination System permit which regulates Village discharges to surface waters.
(l) “May” is permissive. (See “shall”.)
(m) “Person” means any individual, firm, company, association, society, corporation or group.
(n) “pH” means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has pH value of 7.
(o) “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
(p) “Public sewer” means a common sewer controlled by a governmental agency or public utility.
(q) “Sanitary sewer” means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
(r) “Sewage” means the spent water of a community. The preferred term is “wastewater” (subsection (z)).
(s) “Sewer” means a pipe or conduit that carries wastewater or drainage water.
(t) “Shall” is mandatory. (See “may”.)
(u) “Slug” means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
(v) “Storm drain” (sometimes termed “storm sewer”) means a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
(w) “Superintendent” means the Superintendent of wastewater facilities, and/or of wastewater treatment works and/or of water pollution control of the Village or its authorized representative.
(x) “Suspended solids” means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue.
(y) “Unpolluted water” means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
(z) “Wastewater” means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water and stormwater that may be present.
(aa) “Wastewater facilities” means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
(bb) “Wastewater treatment works” means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollution control plant”.
(cc) “Watercourse” means a natural or artificial channel for the passage of water either continuously or intermittently.
(dd) “Customer” means any individual, partnership, corporation, association or group who receives sewer service from the Village under either an express or implied contract requiring payment to the Village for such service.
(ee) “Vacuum collection sewer” means a public sewer which transports sewage by means of an internal vacuum applied to the line from a central vacuum collection/pumping station.
(ff) “Vacuum valve” means a special valve installed at the interface between a vacuum collection sewer and the collection sump which collects gravity discharge from one or more building sewers. The vacuum valve’s function is to automatically introduce the discharge from the building sewer(s) into the vacuum collector sewer.
(gg) “Collection sump” means a tank which collects and holds the discharge from one or more building sewers pending its introduction into the vacuum collection sewer through the vacuum valve.
(hh) “Vacuum valve pit” means an underground enclosure complete with cover which houses a vacuum valve along with collection sump, related controls and appurtenances.
(ii) “Low pressure collection sewer” means a public sewer which transports sewage under pressure applied by grinder pumps located at the end of each customer’s service line.
(jj) “Grinder pump” means a specially designed and factory-assembled pumping unit. This pumping unit consists of a receiving tank which receives gravity flow from the customer and a grinder pump equipped with cutters to shred the wastewater solids into a slurry for pumping into the small diameter pressure sewer system.
(kk) Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
(Ord. 1285. Passed 4-20-89.)
(ll) “Dwelling unit” means any room, group of rooms, house trailer, apartment or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone.
(mm) “Industrial establishment” means any room, group of rooms, building or other enclosure used for the manufacturing, making, storing, processing, cleaning, laundering or assembling of any product, commodity or article and includes laundromats.
(nn) “Commercial establishment” means any room, group of rooms, building or other enclosure used for the sale or distribution of any product, commodity, article or service and specifically includes, churches, club rooms, rest or convalescent homes, professional offices, banks or other room, group of rooms, building or other enclosure not included in the definition of dwelling unit or industrial establishment, but excludes Village buildings.
(oo) “Employees” means the employees, occupants, patients or other persons employed in or occupying an industrial or commercial establishment.
(Ord. 157. Passed 5-24-62.)
921.02 USE OF PUBLIC SEWERS REQUIRED.
(a) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village, or in any area under the jurisdiction of the Village, any human excrement, garbage or objectionable waste.
(b) No person shall discharge to any natural outlet within the Village or in any area under the jurisdiction of the Village, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(c) Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
(d) The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, 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 sanitary sewer, are hereby required at the owner’s expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within thirty days after date of official notice to do so, provided that such public sewer is within 250 feet of the premises.
(Ord. 1285. Passed 4-20-89.)
921.03 PRIVATE WASTEWATER DISPOSAL.
(a) Where a public sanitary sewer is not available under the provisions of Section 921.02(d), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
(b) Before commencement of construction of a private wastewater disposal system the owner shall first obtain a written permit. The application for such permit shall be made on a form furnished by the County Health Department which the applicant shall supplement by any plans, specifications and other information as is deemed necessary by the Health Department.
(c) A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Health Department. The Health Department shall be allowed to inspect the work at any state of construction, and, in any event, the applicant for the permit shall notify the Health Department when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four hours of the receipt of notice by the Health Department.
(d) The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Health Department.
(e) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in subsection (d) hereof, a direct connection shall be made to the public sewer within thirty days in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
(f) The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Village.
(g) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(Ord. 1285. Passed 4-20-89.)
921.04 BUILDING SEWERS AND CONNECTIONS.
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Village.
(b) There shall be two classes of building sewer permit:
(1) For residential and commercial service; and
(2) For service to establishments producing industrial wastes.
In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Village. The appropriate tap fee established by the Village shall be paid at the time the application is filed.
(c) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(d) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the Village does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
(e) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Village, to meet all requirements of this chapter.
(f) The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. For vacuum sewer systems at or near the point of the building sewer into the building being served, an open vent, vented to the atmosphere shall be provided. The vent shall have an inside diameter of at least four inches.
(g) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(h) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(i) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village, or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Village before installation.
(j) The applicant for the building sewer permit shall notify the Village when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Village.
(k) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Roadways, berms, sidewalks and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
(l) The Village shall have the authority to limit the number of future connections when it is determined that adequate capacity does not exist for the proposed connection.
(Ord. 1285. Passed 4-20-89.)
921.05 USE OF THE PUBLIC SEWERS.
(a) No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage of cooling water to any sewer except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the Village.
(b) Stormwater other than that exempted under subsection (a) hereof, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Village and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of appropriate State authorities to a storm sewer or natural outlet.
(c) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.
(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(d) The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property or constitute a nuisance. The Village may set limitations lower than the limitations established in the following regulations if in its opinion, such more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the Village shall give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Village are as follows:
(1) Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
(2) Wastewater containing more than twenty-five milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin.
(3) Wastewater from industrial plants containing floatable oils, fat or grease.
(4) Any garbage that has not been properly shredded (see Section 921.01(o)). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
(5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Village for such materials.
(6) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Village.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Village in compliance with applicable State or Federal regulations.
(8) Quantities of flow, concentrations, or both which constitute a “slug” as defined herein.
(9) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(10) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes and cause a violation of the NPDES permit effluent limitations.
(e) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection (d) hereof, and which in the judgment of the Village may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Village may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers, per 40 CFR 403 (Pretreatment Standards);
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges under the provisions of subsection (j) hereof.
When considering the above alternatives, the Village shall give consideration to the economic impact of each alternative on the discharger. If the Village permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Village.
(f) Grease, oil and sand interceptors shall be provided when, in the opinion of the Village, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in subsection (d)(3) hereof, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Village, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Village. Any removal and hauling of the collected materials not performed by the owner’s personnel must be performed by currently licensed waste disposal firms.
(g) Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(h) When required by the Village, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Village. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(i) The Village may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
(1) Wastewaters discharge peak rate and volume over a specified time period.
(2) Chemical analysis of wastewaters.
(3) Information on raw materials, processes and products affecting wastewater volume and quality.
(4) Quantity and disposition of specific liquid, sludge oil, solvent or other materials important to sewer use control.
(5) A plot plan of sewers of the user’s property showing sewer and pretreatment location.
(6) Details of wastewater pretreatment facilities.
(7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
(j) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Village.
(k) Any accidental discharge or spill of harmful materials into the sanitary sewer system shall require immediate notification of the Superintendent.
(l) No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment.
(Ord. 1285. Passed 4-20-89.)
921.06 TAMPERING.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Whoever violates this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. 1285. Passed 4-20-89.)
921.07 POWERS AND AUTHORITY OF INSPECTORS.
(a) The duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.
(b) The Village or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the relevation to the public of the information in question might result in an advantage to competitors.
(c) While performing the necessary work on private property referred to in subsection (a) hereof, the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 921.05(h).
(d) The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 1285. Passed 4-20-89.)
921.08 SEWER USER FEE.
(a) There is hereby created, assessed and established a sewer user fee of one dollar and twenty-five cents ($1.25) per month for each dwelling unit which is directly or indirectly connected to the Village’s sanitary sewer system, whether such dwelling unit is located within or without the Village limits. For purposes of this section, “dwelling unit” shall have the same definition as that found in Section 921.01.
(Ord. 1245. Passed 5-5-88.)
(b) There is hereby created, assessed and established a sewer user fee on each industrial establishment and commercial establishment directly or indirectly connected with the Village’s sanitary sewer system, whether the same is located within or without the Village limits. The sewer user fee assessed against industrial establishments and commercial establishments shall be one dollar and twenty-five cents ($1.25) per month plus an additional sum of $.15625 per thousand gallons of water usage in excess of 8,000 gallons per quarter. For purposes of this section, “industrial establishment” and “commercial establishment” shall have the same definition as that set forth in Section 921.01.
(Ord. 1257. Passed 3-16-88.)
(c) The sewer user fees assessed herein on each dwelling unit, industrial establishment and commercial establishment shall be billed and collected by the Village on a quarterly basis along with the current billing procedure for water and sanitation.
(Ord. 1245. Passed 5-5-88.)
(d) Revenues generated by the sewer user fee assessed herein shall be allocated to a Sewer Fund account, which is hereby established by the Village. This Fund shall be used for expenses and improvements for the Village Sewer Department.
(Ord. 1257. Passed 3-16-88.)
(e) (1) There is hereby created, assessed and established an additional sewer user fee on each dwelling unit, industrial establishment and commercial establishment directly connected to the new sewer system to be constructed by the Village and known as the West 23rd Street Sewer Project. The additional sewer user fee shall be eight dollars and seventy-five cents ($8.75) per month for each dwelling unit, industrial establishment and commercial establishment directly connected to the West 23rd Street Sewer Project.
(2) The additional sewer user fee created herein is in addition to any and all other sewer user fees which have been established by Council or which may be established by Council in the future.
(Ord. 1270. Passed 2-16-89.)
921.09 SUBMERSIBLE LIFT STATIONS.
All newly constructed submersible lift stations shall be installed in above ground vaults and structures, and not to be installed in existing below ground vaults.
(Ord. 2007-22. Passed 7-19-07.)
921.99 PENALTY.
(a) Whoever violates any provision of this chapter except Section 921.06 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notices, permanently cease all violations.
(b) Whoever violates any of the provisions of this chapter shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation.
(Ord. 1285. Passed 4-20-89.)
CHAPTER 923
Water
923.01 General provisions.
923.02 Quality and service not guaranteed.
923.03 Water mains may be shut off without notice.
923.04 Right to enter premises.
923.05 “Off and on” charge.
923.06 Request for water service; service contracts.
923.07 Duties of the Village Administrator.
923.08 Water lines; responsibility.
923.09 Bylaws and regulations.
923.10 Water services to be metered.
923.11 A meter for each service.
923.12 Water for construction projects; exceptions.
923.13 Meters furnished by the Water Department.
923.14 Maintenance and replacement of meters.
923.15 Water meter exchange.
923.16 Responsibility for loss or theft of meters.
923.17 Charges for unlawfully breaking seal.
923.18 Repairing or testing of meters.
923.19 Accessibility of meters.
923.20 Billing unmetered water.
923.21 Establishment of water rates.
923.22 Assessment and collection of water rates.
923.23 Reading water meters.
923.24 Billing; delinquent accounts.
923.25 Service contract required.
923.26 Shut off of delinquent accounts.
923.27 Water service may be refused for unpaid bill.
923.28 Bills to be delivered.
923.29 Water service to rental property.
923.30 Collection of delinquent accounts.
923.31 Damage to water system.
923.32 Premises ready for water service.
923.33 Prohibition.
923.34 Theft of water service.
923.99 Penalty.
CROSS REFERENCES
Power to provide and regulate water system – see Ohio R.C. 715.08, 717.01, 743.01
Water pollution – see Ohio R.C. 715.08, 743.25
Tampering – see Ohio R.C. 4933.22
Fluoridation – see Ohio R.C. 6111.13
Water pollution control – see Ohio R.C. Ch. 6111
Backflow – see OAC 4101:2-51-38; S.U. & P.S. Ch. 924
923.01 GENERAL PROVISIONS.
The regulations and procedures hereinafter set forth shall be considered a part of the contract with every property owner, firm, company, corporation, or other person that is supplied with water through the Water Department of the Village, and every such property owner, firm, company, corporation, or other person using water shall be governed thereby. The Village reserves the right to alter, amend or add to its regulations and procedures at any time.
(Ord. 2010-06. Passed 8-5-10.)
923.02 QUALITY AND SERVICE NOT GUARANTEED.
The supply of water to all parties for any reason whatsoever is subject to the following conditions. The Water Department does not guarantee to the consumer a fixed or continuous pressure, nor does it guarantee the water delivered as to quality, purity or temperature, these all being subject to the variable conditions which may arise in the operation and maintenance of the
Water Department. (Ord. 2010-06. Passed 8-5-10.)
923.03 WATER MAINS MAY BE SHUT OFF WITHOUT NOTICE.
In case of breaks in mains, services, pumping machinery, reservoirs or other Water Department appurtenances, and for the purpose of tapping, extending, repairing, replacing or cleaning mains, or other disruption, the water may be shut off without giving notice and no claims will be considered for damages of any nature whatsoever arising from such action. The Water Department shall whenever possible, in such cases, attempt to notify consumers before shut-offs.
(Ord. 2010-06. Passed 8-5-10.)
923.04 RIGHT TO ENTER PREMISES.
The Water Department reserves the right through its authorized agents to enter at all reasonable hours the premises to which its service extends, for the purpose of reading, repairing, installing, removing or inspecting meters, or for any other purposes which it may deem necessary in properly safeguarding the interests of the Water Department and the consumer. When such access is refused, the water may immediately be turned off and not turned on again until the request of the Water Department has been complied with and an “off and on” charge has been paid.
(Ord. 2010-06. Passed 8-5-10.)
923.05 “OFF AND ON” CHARGE.
The “off and on” charge is the fee charged for turning on service to a property which has had water service discontinued for nonpayment, violation of a Water Department regulation or where the water meter has been removed for a period of time to eliminate minimum charges. This fee shall be seventy-five dollars ($75.00).
(Ord. 2010-06. Passed 8-5-10.)
923.06 REQUEST FOR WATER SERVICE; SERVICE CONTRACTS.
Request for water connections shall be made at the Water Department in the Village Building. Tap fees shall be paid at the office before any tap is made. The amount of the tap fee shall be whatever is required by current ordinance. Request for water service shall also be made at the Water Department. The property owner of the premises applying for water service must sign a Service Contract with the Water Department before services will be provided.
(Ord. 2010-06. Passed 8-5-10.)
923.07 DUTIES OF THE VILLAGE ADMINISTRATOR.
The Village Administrator shall manage, conduct and control the water works of the Village, furnish supplies of water, collect water rents and appoint any necessary officers and agents. (Ord. 2010-06. Passed 8-5-10.)
923.08 WATER LINES; RESPONSIBILITY.
(a) The Village is responsible for and has a duty to install all water lines from the main line to the curb line, or if there is no curb line, to the property line.
(b) The Village shall install a shut-off valve at the curb line or property line as the case may be, and the maintenance of the shut-off valve shall be the responsibility of the Village.
(c) The property owner shall have the duty of installing and maintaining the water line from the shut-off valve, whether it be at the curb line or at the property line, to the premises serviced with water. (Ord. 2010-06. Passed 8-5-10.)
923.09 BYLAWS AND REGULATIONS.
The Village Administrator may make such bylaws and regulations as it deems necessary for the safe, economical and efficient management and protection of water works of the Village. Such bylaws and regulations shall have the same validity as ordinances when not repugnant thereto or to the Constitution or laws of the State.
(Ord. 2010-06. Passed 8-5-10.)
923.10 WATER SERVICES TO BE METERED.
All water services shall be metered. (Ord. 2010-06. Passed 8-5-10.)
923.11 A METER FOR EACH ACCOUNT.
Each individual service shall have up to four meters, each having a separate account, as installed by the Village or an authorized plumber. At the Village Administrator’s discretion, the installation of more than four meters shall be permitted when the plans showing the piping arrangements are submitted to and approved by the Village Administrator’s. Any property serviced by more than four meters shall have a master unit. In cases where such additional meters are permitted, it shall be required:
(a) That the meters shall be contained in one convenient location, and if outside, in a pit approved by the Village Administrator, or if inside, in a location approved by the Village Administrator, and that each meter shall be controlled independently of the others with a valve on each meter.
(b) That the owner assumes all responsibility for the installation and maintenance of the meters other than that assumed by the Water Department.
(Ord. 2010-06. Passed 8-5-10.)
923.12 WATER FOR CONSTRUCTION PROJECTS; EXCEPTIONS.
(a) Water for construction projects, except Village-financed projects, pools and tanks shall be furnished at the regular water rates plus the cost of labor and twenty-five percent (25%). Included in this labor shall be the time to set and remove the meter. In cases where construction water is taken from a permanent water connection, minimum quarterly charges shall be made in addition to the charges listed. Where water is used for less than a full quarter, the minimum shall be one-third of the quarterly charge for each month or part thereof temporary service is in use. In no case shall water be used for construction purposes unless it is metered.
(b) A deposit may be required to cover costs of temporary meters used for construction projects. During construction, these meters shall be the responsibility of the contractor. When water is used from a temporary connection such as a hydrant, a service fee of fifty dollars ($50.00) for use of the hydrant meter, wrench and hose shall be charged in lieu of a minimum charge. In addition, regular water charges shall be in effect along with charges for any labor involved plus twenty-five percent (25%) on any of the labor charges. Water used to fill swimming pools or tanks shall be charged in the same manner as listed above.
(c) Water shall not be permitted from fire hydrants during freezing weather without prior approval of the Village Administrator. (Ord. 2010-06. Passed 8-5-10.)
923.13 METERS FURNISHED BY THE WATER DEPARTMENT.
Meters shall be paid for in accordance with the current ordinance by the person or persons applying for the service, but shall remain the property of the Water Department.
(Ord. 2010-06. Passed 8-5-10.)
923.14 MAINTENANCE AND REPLACEMENT OF METERS.
The maintenance and/or replacement of Village meters shall be at the expense of the Water Department. However, the customer shall be charged and held responsible for all repairs or costs of replacement due to any act of negligence on the part of such customer. It shall be the customer’s responsibility to prevent meters at inside and/or outside settings from freezing. The Village shall supply the replaced meter at a cost of two hundred dollars ($200.00) for each one inch line; and five hundred dollars ($500.00) for each two inch line. The Village shall retain ownership of the replaced meter.
(Ord. 2010-06. Passed 8-5-10.)
923.15 WATER METER EXCHANGE.
(a) The Village shall exchange any water meter for the property owner where the meter is to be installed, which does not possess remote read capability that is found by him or her to be inoperable and which has not been mishandled, abused, neglected or permitted to deteriorate by freezing, without cost to the property.
(b) The Village shall not exchange any water meter, regardless of whether the meter possesses remote read capability or not, that is found by him or her to be inoperable due to mishandling, abuse, neglect or which has been permitted to deteriorate by freezing, without first collecting from the owner of the property where the meter is to be installed the sum of one hundred ten dollars ($110.00).
(c) If a meter possesses remote read capability, and if after being tested it is found to be operable, it will be returned to the owner at a cost of twenty-five dollars ($25.00).
(Ord. 2010-06. Passed 8-5-10.)
923.16 RESPONSIBILITY FOR LOSS OR THEFT OF METERS.
Property owners shall be held responsible for and shall reimburse the Water Department for the loss or theft of any meter furnished and maintained as herein provided.
(Ord. 2010-06. Passed 8-5-10.)
923.17 CHARGES FOR UNLAWFULLY BREAKING SEAL.
(a) If the Water Department finds that a meter seal has been broken or any bypass inserted or there is evidence that the meter has been tampered with, the water shall be shut off and shall not be turned on again until the consumer or owner of the premises pays for the estimated quantity of water which has been used, the cost of repairing or replacing the seal and, in addition, the applicable “off and on” charges.
(b) The charges hereinabove are in addition to the penalties provided by the criminal laws of the State and Village and making the payment hereinabove shall not in any way relieve any person from criminal prosecution.
(Ord. 2010-06. Passed 8-5-10.)
923.18 REPAIRING OR TESTING OF METERS.
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 or testing. The Water Department may test any meter, which in its judgment is registering incorrectly, without charge to the owner.
(Ord. 2010-06. Passed 8-5-10.)
923.19 ACCESSIBILITY OF METERS.
Meters must be freely accessible and free of health hazards to meter readers and other authorized employees of the Water Department and must not be covered with or obstructed by rubbish or other material regardless of whether such meters are located in meter vaults, meter tile or basement. If due to a location of a meter the meter reader is unable to read it, the customer shall be charged according to the rates established in Section 923.20. All meter locations must be approved by the Water Department. The Water Department may shut off water when violations of this regulation are not corrected following due notice of such violation by the Water Department, and water service shall not be turned on until corrections are made and applicable “off and on” charges are paid.
(Ord. 2010-06. Passed 8-5-10.)
923.20 BILLING UNMETERED WATER.
If the customer knowingly has a broken meter or no meter (straight pipe) and makes no attempt to replace the meter, he will be charged as follows:
First billing – no less than 16,000 gal.
Second billing – no less than 20,000 gal.
Third billing – no less than 24,000 gal.
Fourth billing – no less than 30,000 gal. and subject to service shut off.
(Ord. 2010-06. Passed 8-5-10.)
923.21 ESTABLISHMENT OF WATER RATES.
Water rates shall be established in the manner as authorized by the Ohio Revised Code.
(Ord. 2010-06. Passed 8-5-10.)
923.22 ASSESSMENT AND COLLECTION OF WATER RATES.
(a) The Village may, for the purpose of paying the expense of conducting and managing the water works of the Village, assess and collect a water rent of sufficient amount and in such manner as he deems most equitable from property owners and any other party contracting with the Village for the water service.
(b) The Village may also assess and collect a tap-in fee for connecting a water line to a shut-off valve. Such tap-in fee shall be based upon the sum of fourteen dollars ($14.00) per running foot from the shut-off valve to the applicant’s property line, plus the cost of materials, but in no event less than five hundred dollars ($500.000).
(c) When the water is supplied to a tenant and the water rent is not paid when due, the Village may look directly to the owner of the property for so much of the water rent as remains delinquent, which shall be collected in the same manner as other taxes.
(Ord. 2010-06. Passed 8-5-10.)
923.23 READING WATER METERS.
Meters shall be read monthly so long as the meters are freely accessible and do not impose a health hazard for the meter reader. When a meter reading cannot be obtained, or the water meter does not register, the Village reserves the right to estimate and bill for the water consumed by establishing a fair and just pro-rate based on knowledge of current usage and a review of a preceding comparable quarter or an average of the past four quarters.
(Ord. 2010-06. Passed 8-5-10.)
923.24 BILLING; DELINQUENT ACCOUNTS.
Bills for water rent shall be rendered monthly and shall be due in full on the fifteenth day after mailing. Any sum not paid within the fifteen-day period shall be classified as delinquent. Any and all delinquent accounts shall be charged a ten percent (10%) penalty.
(Ord. 2010-06. Passed 8-5-10.)
923.25 FAILURE TO ENTER INTO SERVICE CONTRACT.
(a) Section 923.06 requires the owner of premises applying for water services to sign a service contract with the Water Department. The Village, however, has no reasonable means of ascertaining when the ownership of property is transferred. If the new owner of property does not enter into a water service contract with the Village, upon taking ownership of the premises, the new owner shall be responsible for all water services and other utility services from the date of taking ownership, including that period of time during which the new owner did not have a contract with the Village for water services.
(b) The Village shall have the same remedies applying to the new owner as the Village has with respect to the previous owner, including certification to the Belmont County Auditor.
(Ord. 2010-06. Passed 8-5-10.)
923.26 SHUT OFF OF DELINQUENT ACCOUNTS.
(a) Any account more than one month past due is subject to service shut off.
(1) Service shall not be supplied until all delinquencies and other fees are paid in full.
(2) A seventy-five dollar ($75.00) fee must be paid by the property owner before water service is reinstated.
(3) Reconnect fees will be charged to the water customers’ bills for each instance in which service has been disconnected and needs to be reconnected. A fifty dollar ($50.00) fee shall be charged when the work is completed during normal business hours (7:00 a.m. to 3:00 p.m.) and a seventy-five dollar ($75.00) fee shall be charged when the work is completed after regular hours.
(Ord. 2011-05. Passed 5-5-11.)
923.27 WATER SERVICE MAY BE REFUSED FOR UNPAID BILL.
Disconnected water service shall not be turned on until delinquent payments, penalties and other charges, including “off and on” charges, have been paid in full. Under no circumstances are the Village employees involved with the disconnection or reconnection authorized to accept payment for the water services. Should the property owner and/or user under any other contract and/or who has agreed to make the water payment in a lease agreement fail to pay the water bill, the water service shall be turned off as authorized by Section 923.06. Payment in full is to be paid at the Water Department’s office in the Village Building.
(Ord. 2010-06. 8-5-10.)
923.28 BILLS TO BE DELIVERED.
The Water Department shall undertake to deliver bills for water services by depositing the same in the U.S. Post Office only as a matter of convenience to the property owner and any other contracting party with the Village for water services. Failure to receive a bill shall not relieve any person from the obligation to pay for the water services.
(Ord. 2010-06. Passed 8-5-10.)
923.29 WATER SERVICE TO RENTAL PROPERTY.
(a) The property owner shall always be directly and legally responsible for the payment of all Village utilities, including water, servicing the property, and tenant and/or other occupying party of the premises shall also be responsible if said person has entered into a contract with the Village for the utility service.
(b) A one hundred dollar ($100.00) deposit is required of all property owners and/or other persons entering into a contract with the Village for water service and must be paid to the Water Department before service is supplied. Said deposit shall be held for a period of thirty-six months. If at the end of said period that is an outstanding balance, the deposit shall be applied to the outstanding balance, and the remainder, if any, shall be refunded to the depositor.
(c) If for any reason a contract is entered into between the Village and another party for utilities serving the premises, the owner, also being responsible for the utility bill, shall always receive a bill for the utilities servicing the premises, as well the other contracting party with the Village. The remedies for failure of payment are pursuant to Section 923.30.
(d) It is the property owner’s responsibility to report any vacancy or new occupancy of th owner’s property and to report any change of ownership of said property, all within fifteen days of the occurrence. If the property owner fails to report, as required by this section, the property owner shall be charged the minimum rate of usage until the vacancy is reported.
(Ord. 2010-06. Passed 8-5-10.)
923.30 COLLECTION OF DELINQUENT ACCOUNTS.
When an account is delinquent, the Village Administrator shall proceed to collect the same by any of the following methods:
(a) Shutoff of services pursuant to Section 923.26. Prior to shutoff a notice will be sent to the responsible property owner and tenant, if known, of the Village’s intent to disconnect service. The notice shall provide to the tenant that the tenant may meet with the Village Administrator for the purpose of entering into a separate contract with the Village, if not already having been done, so that the tenant, as well as the property owner, will be obligated to pay for the water service or other utility to the Village. The intent of the meeting would be to eliminate undue hardship for the tenant, and also to assure payment to the Village for utilities used by the tenant, if not otherwise paid by the property owner;
(b) Civil legal action may be filed with the court having jurisdiction over the subject matter;
(c) The publication by posting, in local newspapers, or otherwise, of the names of the delinquent property owners and the amount of the delinquency;
(d) Certification to the County Auditor for placement on the tax duplicate and collected as other Village assessments and county taxes;
(e) Through employment of a collection agency.
(Ord. 2010-06. Passed 8-5-10.)
923.31 DAMAGE TO WATER SYSTEM.
Any person who intentionally or negligently causes damage to the Village’s water system facilities and line shall be civilly responsible for the damage, and if applicable, criminally responsible under the provisions of the Ohio Revised Code.
(Ord. 2010-06. Passed 8-5-10.)
923.32 PREMISES READY FOR WATER SERVICE.
Before water service is turned on to a property, the property owner or his authorized representative must be present to participate in the inspection of the plumbing upon the premises so that the Village can ascertain that the Village’s water supply cannot be contaminated or wasted upon the premises. Conditions that would contaminate the Village’s water system, or result in misuse of the water, including water breaks, shall be a basis for the Village to not provide water to the premises. (Ord. 2010-06. Passed 8-5-10.)
923.33 PROHIBITION.
No person shall knowingly engage in any of the following conduct:
(a) Damaging, altering, or destroying a water meter installed in premises serviced with water from the Water Department of the Village;
(b) Tampering with a water meter for the purpose of having the meter give a false reading as to the amount of water consumed by the premises for which that meter has been installed;
(c) Removing a water meter and installing a straight pipe;
(d) Damaging, destroying, removing or filling with foreign objects any access to a curb line shut-off valve.
(Ord. 1189. Passed 10-2-86.)
923.34 THEFT OF WATER SERVICE.
No person shall knowingly consume any water or knowingly use water service that has been discontinued by the Water Department and reconnected or recontinued without the consent of the Water Department. Whoever violates this section is guilty of theft of utility service, a misdemeanor of the first degree.
(Ord. 1319. Passed 3-1-90.)
923.99 PENALTY.
Whoever is convicted of or pleads guilty to a violation of this chapter shall be fined not more than one hundred dollars ($100.00).
(Ord. 1189. Passed 10-2-86.)
CHAPTER 924
Backflow Prevention
924.01 Installation of approved device.
924.02 Private water connection.
924.03 Industrial properties.
924.04 Inspection.
924.05 Discontinuance of water service.
924.06 Compliance with Ohio Revised Code.
CROSS REFERENCES
Backflow prevention – see OAC 4101:2-51-38
924.01 INSTALLATION OF APPROVED DEVICE.
If, in the judgment of the Village Administrator, an approved backflow prevention device is necessary for the safety of the public water system, the Village Administrator will give notice to the property owner liable for water usage to install such an approved device at a location and in a manner approved by the Village Administrator and shall have the inspections and tests made of such approved devices as required by the Village Administrator.
(Ord. 2010-06. Passed 8-5-10.)
924.02 PRIVATE WATER CONNECTION.
No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply, other than the regular public water supply of the Village, may enter the supply or distributing system of the Village, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply have been approved by the Village Administrator and by the Ohio Environmental Protection Agency.
(Ord. 2010-06. Passed 8-5-10.)
924.03 INDUSTRIAL PROPERTIES.
It shall be the duty of the Village Administrator to cause 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 Village Administrator deems necessary.
(Ord. 2010-06. Passed 8-5-10.)
924.04 INSPECTION.
The Village Administrator or his duly authorized representatives shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distributing system of the Village for the purpose of inspecting the piping system or systems thereof. On demand the owner, lessees or occupants of any property so served shall furnish to the Village Administrator any information which it may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall within the discretion of the Village Administrator, be deemed evidence of the presence of improper connections as provided in this chapter.
(Ord. 2010-06. Passed 8-5-10.)
924.05 DISCONTINUANCE OF WATER SERVICE.
The Village Administrator is hereby authorized and directed to discontinue after reasonable notice to the property owner thereof, the water service to his property wherein any connection in violation of the provisions of this chapter is known to exist, and to take such other precautionary measures as he 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 the provisions of this chapter.
(Ord. 2010-06. Passed 8-5-10.)
924.06 COMPLIANCE WITH OHIO REVISED CODE.
This Chapter 924, Backflow Prevention, is mandated by the Ohio Environmental Protection Agency in the manner set forth in the Ohio Revised Code and the Ohio Administrative Code. Therefore, any requirements by the Ohio Environmental Protection Agency that are not set forth in this Chapter are required to be followed by the Village and the property owner and subject to remedies as set forth in the Ohio Revised Code and/or the Ohio Administrative Code.
(Ord. 2010-06. Passed 8-5-10.)
CHAPTER 925
Gas
EDITOR’S NOTE: There are no sections in Chapter 925. This chapter has been established to provide a place for cross references and any future legislation.
CROSS REFERENCES
Rate regulation – see Ohio R.C. 743.26, 743.28
Gas contract restrictions – see Ohio R.C. 743.33
Compulsory gas connections – see Ohio R.C. 743.37
Contract for gas – see Ohio R.C. 743.38
Gas companies – see Ohio R.C. Ch. 4933
Village consent for gas fixtures on public property – see Ohio R.C. 4933.01, 4933.03
TITLE FIVE – Other Public Services
Chap. 955. Garbage and Rubbish Collection.
CHAPTER 955
Garbage and Rubbish Collection
955.01 Powers and duties of Village Administrator.
955.02 Definitions.
955.03 Garbage only in garbage cans.
955.04 Receptacles to be provided by users.
955.05 Garbage cans to be accessible.
955.06 Collection and disposal restrictions; commercial rates.
955.07 Collection rates.
955.08 Adjustment of rates.
955.09 Statements.
955.10 Arrearage; nuisances.
955.11 Scavenging prohibited.
955.99 Penalty.
CROSS REFERENCES
Power to collect and dispose of garbage and refuse – see Ohio R.C. 715.43
Loads dropping or leaking; tracking mud on streets – see TRAF. 339.08
Littering, deposit of garbage or rubbish, junk, etc. – see GEN. OFF. 521.08
Garbage and rubbish in trailer camps – see BUS. REG. 775.02(d)
Owner and occupant responsibilities – see BLDG. 1361.09(c)
955.01 POWERS AND DUTIES OF VILLAGE ADMINISTRATOR.
The Village Administrator is hereby authorized to enforce the rules and regulations for the proper and reasonable collection and disposal of garbage and rubbish. The Village Administrator shall have the authority to provide the necessary equipment, and to employ the necessary labor to carry out the provisions of this chapter, subject to Council’s authorization and regulation.
(Ord. 2390. Passed 9-19-57.)
955.02 DEFINITIONS.
(a) The word “container” as used in this chapter means a plastic or metal container lined with a plastic bag and with a lid and handles. The words “container” and “can” shall have the same meaning and may be used interchangeably. (Ord. 2007-08. Passed 5-3-07.)
(b) The word “garbage” as used in this chapter, means the offal of all food originally intended for human consumption, and includes both animal and vegetable matter and all kitchen refuse except paper, tin cans and other foreign substances. It includes any kitchen refuse that may decompose and be dangerous or offensive to health, and all putrescible wastes.
(c) The word “rubbish” as used in this chapter, means waste, rejected matter, trash and debris, tin cans, ashes and all other matter that is not to be construed to mean garbage as defined herein, and all nonputrescible wastes.
(Ord. 2390. Passed 9-19-57.)
955.03 GARBAGE ONLY IN GARBAGE CANS.
No person shall empty or place in any garbage can any matter whatsoever except garbage as defined in this chapter.
(Ord. 2390. Passed 9-19-57.)
955.04 RECEPTACLES TO BE PROVIDED BY USERS.
All property owners or tenants occupying any premises as a residence or dwelling, shall provide suitable containers not to exceed fifty pounds capacity for the reception of rubbish or garbage as defined herein.
(Ord. 2390. Passed 9-19-57.)
955.05 GARBAGE CANS TO BE ACCESSIBLE.
(a) Each customer shall at all times keep the garbage cans on his premises in such a manner and at such a place as to be accessible and easily obtained by the collector of such garbage.
(Ord. 2390. Passed 9-19-57.)
(b) If it is necessary to walk onto the premises of a resident for the purpose of retrieving trash containers, the owner of said premises must allow reasonable entry so as to comply with this section. (Ord. 2007-08. Passed 5-3-07.)
955.06 COLLECTION AND DISPOSAL RESTRICTIONS; COMMERCIAL RATES.
(a) No person, other than duly authorized employees of the Village and except as further provided in this chapter, shall collect, remove, appropriate, convey or transport garbage or rubbish within the Village, except that any commercial or industrial account may transport or cause to be transported their own refuse.
(b) The authority for transporting garbage and refuse by any commercial or industrial account must first be granted by the Village Administrator.
(c) The disposal of garbage or refuse in any quantity by any person, in any place, private or within the Village, or 1,000 feet outside the Village is hereby prohibited.
(Ord. 228. Passed 4-16-64.)
955.07 COLLECTION RATES.
Rates shall be as established by Council from time to time and are on file at Village Hall.
955.08 ADJUSTMENT OF RATES.
The garbage and rubbish collection rates may be adjusted by the direction of Council.
(Ord. 695. Passed 12-20-73.)
955.09 STATEMENTS.
Garbage and rubbish statements shall be sent out and paid on a monthly basis. All such bills not paid within fifteen days of receipt of such bill shall be declared delinquent and charged a ten percent (10%) penalty. Collection shall be made at the Municipal Collection Office in the Municipal Building.
(Ord. 1302. Passed 9-7-89.)
955.10 ARREARAGE; NUISANCES.
(a) No garbage or refuse shall be collected from any premises where the owner or lessee is in arrears for a period of one month. Fermenting, putrefying or odoriferous garbage in containers uncollected or dumped in the open due to failure to pay garbage fees shall be declared a nuisance and the person or persons responsible shall be liable to prosecution under the provisions of Ohio R.C. 3767.13 et seq.
(Ord. 2390. Passed 9-19-57.)
(b) Any person or persons in arrears for a period of sixty (60) days or more, shall be cited into Mayor’s court and held responsible to pay said arrearages and any associated court costs and applicable fines.
(Ord. 2007-08. Passed 5-3-07.)
955.11 SCAVENGING PROHIBITED.
All junk and other materials on the disposal sites are the property of the Village, and no person is allowed to separate and collect, carry off or dispose of the same, except under the direction of the Village Administrator.
(Ord. 2390. Passed 9-19-57.)
955.99 PENALTY.
(a) Whoever violates any of the provisions of this chapter for which no penalty is otherwise provided shall be fined not more than one hundred seventy-five dollars ($175.00) for each offense.
(b) Whoever steals, destroys, appropriates or in any manner makes any garbage cans unfit for proper use shall be fined not more than thirty dollars ($30.00) for each offense.
(Ord. 2390. Passed 9-19-57.)