Chapter 917: Sanitary Sewer Charges
Sections
- 917.01 Definitions
- 917.02 Declaration of necessity
- 917.03 Disposition of funds
- 917.04 Sanitary sewer charges and connection fees
- 917.05 Additional charges for industrial wastes
- 917.06 Collection of charges; leased lots
- 917.07 Treatment of certain wastes required
- 917.99 Penalty
Cross references
- Weekly deposit of sewer rentals collected - see Ohio R.C. 729.52
- Treatment and tests - see Streets & Public Services 911.09
917.01 Definitions
For the purpose of this chapter the following definitions shall apply:
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(a) “Sewerage system” or “system” means the sanitary sewerage system of the Municipality as now existing or as hereafter extended and improved, and shall include sewers, pumping stations, sewage or waste water treatment works and any and all other appurtenances common to such systems.
(Ord. 1957-420. Passed 12-28-57.) -
(b) “Sanitary sewage” means the waste from water closets, urinals, lavatories, sinks, bath tubs, showers, household laundries, cellar floor drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips and drinking fountains, and any other water-borne waste not constituting an industrial waste.
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(c) “Acceptable industrial wastes” means liquid organic waste materials not containing toxic or explosive elements or other substances injurious to sewers or sewage treatment processes, which result from any commercial, manufacturing or industrial operation or process.
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(d) “Nonacceptable industrial wastes” means liquid wastes in which are incorporated minerals, oil, acid, toxic, metallic or chemical substances, resulting from any commercial, manufacturing or industrial operation or process.
(Ord. 1968-729. Passed 6-18-68.)
917.02 Declaration of necessity
It is hereby determined and declared to be necessary for the due protection of
the public health, safety and welfare of the Municipality to establish and
collect the charges herein provided for the use of the system upon all lots,
lands and premises served by or having connection with the system.
(Ord. 1968-729. Passed 6-18-68.)
917.03 Disposition of funds
The funds received from the collection of the rates and charges hereinafter
provided shall be deposited as received with the Director of Finance who shall
keep the same in a separate fund designated “Sewage Service Fund”. Subject to
the provisions of this chapter, moneys in such Fund shall be used for the
payment of the cost and expense of operation, maintenance, repair and management
of the sewerage system and any surplus in such Fund over and above the
requirements hereinbefore mentioned may be used for enlargements of and
replacements and improvements to the sewerage system and parts thereof, but
shall not be used for the extension of the sewerage system to serve unsewered
areas or for any other purpose whatsoever.
(Ord. 1955-346. Passed 8-13-55; Ord. 1968-729. Passed 6-18-68.)
917.04 Sanitary sewer charges and connection fees
For the purpose of establishing rates to be charged for the service of the municipal sanitary sewerage system utility of the Municipality and prescribing regulations with respect thereto, the following rates and regulations are hereby adopted:
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(a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:
EFFECTIVE RATE CHANGE DATE RATE - MIN. CHARGE 04/01/20 $8.30/100 cf - $49.80 01/01/21 $8.80/100 cf - $52.80 01/01/22 $9.33/100 cf - $55.98 01/01/23 $9.70/100 cf - $58.20 After the year 2023, the rates established for 2023 shall remain in effect until modified by Council.
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(b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.
EFFECTIVE RATE CHANGE DATE RATE - MIN. CHARGE 04/01/20 $10.38/100 cf - $62.28 01/01/21 $11.00/100 cf - $66.00 01/01/22 $11.66/100 cf - $69.96 01/01/23 $12.13/100 cf - $72.78 After the year 2019, the rates established for 2019 shall remain in effect until modified by Council.
(Ord. 2020-08. Passed 3-9-20.) -
(c) Any sewage bill unpaid after January 30, April 30, July 30 or October 30 of any year shall incur a penalty of ten percent (10%) of the total unpaid balance due.
(Ord. 1985-7. Passed 2-11-85.) -
(d) On premises using water supplied from sources other than the water works system of the Municipality and not measured by a municipal water meter or other meter acceptable to the Superintendent of Services, the quantity of water consumed shall be measured by a meter installed and maintained for such purpose at the expense of the owner or other interested party and acceptable to the Superintendent of Services; or the owner or other interested party may, at his option, request the Superintendent of Services to determine the amount of water consumed on such premises in accordance with accepted engineering practices, and the quantity of water consumed on such premises shall be the amount so measured by such meter or so determined by the Superintendent of Services.
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(e) In the event that any premises discharges industrial waste either directly or indirectly into the system and the Superintendent of Services finds that it is impractical to measure such wastes by meter, such wastes shall be measured in such manner and by such method as the Superintendent of Services shall find practicable in order to determine the sewer service charge based upon the rate provided in subsections (a) and (b) hereof.
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(f) In the event the Superintendent of Services shall be satisfied that a portion of the water from any source consumed upon any premises does not and cannot enter the system, then in such case the owner or other interested party may, at his expense, install and maintain such separate metering devices as shall demonstrate to the satisfaction of the Superintendent of Services that portion of the water so consumed which is discharged into the system, and such portion shall be the basis for measuring the sewer charge under subsections (a) and (b) hereof, if applicable. (Ord. 1978-1115. Passed 7-10-78.)
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(g) Connection or tap charge for initial connection to the sewerage system: one thousand dollars ($1,000) payable in advance in the Municipality, and two thousand dollars ($2,000) payable in advance outside the Municipality, except for those properties situated on Falls River Road as set forth in Ordinance No. 1971-819, adopted February 21, 1971. The charges for connection to the sewerage system shall be as follows, except for those properties on Falls River Road as set forth in Ordinance No. 1971-819:
For single-family residences, which will be charged for one residential single-family unit (RSFU) of 400 gallons per day, the following fee schedule shall apply unless and until amended by the Municipality:
Period Fee (Village) Fee (Outside) 1/1/14 - 12/31/18 3,900 7,800 1/1/19 - 12/31/23 5,000 10,000 For multi-family residential units, the charge shall be based on the following RSFU equivalents and applied to the above fee schedule:
RSFU (1) One-bedroom unit 0.625 (2) Two-bedroom unit 0.750 (3) Three-bedroom unit 0.875 (4) Four-bedroom unit 1.000 The charges for other buildings and structures shall be based on the RSFU equivalent of these buildings and structures determined from the sewerage flows as presented in the Ohio Environmental Protection Agency Sewerage Flow Guide, revised from time to time, and using 400 gallons per day (one RSFU) as a base. The amount of the charge shall be determined by applying the RSFU equivalent figure to the above fee schedule.
(Ord. 2018-80. Passed 12-11-18.) -
(h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.
EFFECTIVE RATE CHANGE DATE FLAT RATE 04/01/20 $332.08 01/01/21 $352.00 01/01/22 $373.12 01/01/23 $388.04 After the year 2023, the rates established for 2023 shall remain in effect until modified by Council.
(Ord. 2020-08. Passed 3-9-20.) -
(i) In addition to any existing connection or tap charge paid pursuant to subsection (g) hereof or any other provision of law, before any connections are made to the Village waste water treatment facilities from outside the Municipality, except for those properties situated on Falls River Road as set forth in Ordinance No. 1971- 819, adopted February 21, 1971, an impact fee of sixteen thousand dollars ($16,000) per residential unit shall be paid to the Village.
(Ord. 2018-80. Passed 12-11-18.) -
(j) Owners of property always remain responsible to the Municipality to pay for any sewer charges related to the property, and the owner is not relieved of the responsibility or obligation for payment of charges assessed to correct errors made by reason of inadvertence, oversight, or faulty calculation. The Municipality hereby empowers itself to recover for sewer charges even when the result of inadvertence, oversight, or faulty calculation or failure to send a bill to the owner of the property with the correct charges.
(Ord. 2017-20. Passed 4-24-17.)
917.05 Additional charges for industrial wastes
Over and above the rates and charges established by Section 917.04, there may be
established in special instances and upon special agreement between the
Municipality and the owner of any premises served by the system, such additional
charges for industrial wastes of unusual strength of composition which are
accepted by the Municipality for treatment as may be determined to be fair and
equitable. Each such special agreement and the charges established thereby shall
not become effective until ratified by ordinance duly passed by Council.
(Ord. 1968-729. Passed 6-18-68.)
917.06 Collection of charges; leased lots
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(a) Collection of Unpaid Charges. Such sewer charge levied pursuant to this chapter is hereby made a lien upon the premises charged therewith, and if the same is not paid within thirty days after it is due and payable, it shall be certified to the Auditor of Cuyahoga County or to the Auditor of Geauga County, if outside the Municipality, who shall place the same on the tax duplicate, with the interest and penalties allowed by law, and be collected as other municipal taxes are collected. The Municipality shall also have the right, in the event of nonpayment as aforesaid, to discontinue service to such premises of water supplied by the Municipality’s waterworks system until such unpaid sewer charges have been duly paid.
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(b) Leased Lots. In the case of leased lots, parcels of land or premises having a connection with the system, the lessor and lessee shall both be liable for the payment of the sewer charges herein provided, and the Municipality may proceed to collect such charges from either the lessor or the lessee, or it may certify delinquent charges to the Auditor of Cuyahoga County, or Geauga County, as provided in subsection (a) hereof.
(Ord. 1968-729. Passed 6-18-68.)
917.07 Treatment of certain wastes required
The discharge of nonacceptable industrial wastes, as defined in Section
917.01(d), into the system, whether directly or indirectly, is hereby
prohibited. Where investigation reveals the presence in the system of
nonacceptable industrial wastes emanating from any lot, land, building or
premises, located within or without the corporate limits of the Municipality,
the owner, lessor, renter or occupant of such lot, land, building, or premises
shall be required to treat, neutralize or in other ways prepare the noxious
substance therein to the satisfaction of the Superintendent of Services, in
order to convert the same into acceptable industrial wastes.
(Ord. l968-729. Passed 6-l8-68.)
917.99 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 six months, or both. Each day such violation continues shall constitute a separate offense.