CODIFIED ORDINANCES OF WAKEMAN
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Street and Sidewalk Areas
Chap. 901. Streets and Sidewalks.
Chap. 903. Excavations.
Chap. 905. Trees and Bushes.
TITLE THREE - Utilities
Chap. 921. Water.
Chap. 925. Sewers.
Appendix A Sanitary Sewer, Storm Sewer Water and Other Specifications.
3
CODIFIED ORDINANCES OF WAKEMAN
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Street and Sidewalk Areas
Chap. 901. Streets and Sidewalks.
Chap. 903. Excavations.
Chap. 905. Trees and Bushes.
CHAPTER 901
Streets and Sidewalks
901.01Street improvement conditions.
901.02Opening permit.
901.03Pavement restoration.
901.04Barriers and warning lights.
901.05Sidewalk construction.
901.06Street and sidewalk construction.
901.07Removal of ice and snow.
901.08Specifications for the
maintenance and replacement
of sidewalks.
901.99Penalty.
CROSS REFERENCES
Power to establish and care for streets - see Ohio R.C. 715.19, 717.01, 723.01
Openings by the Municipality - see Ohio R.C. 723.02
Surface treatment - see Ohio R.C. 723.23, 723.31
Excavation liability - see Ohio R.C. 723.49 et seq.
Construction or repair at owners expense - see Ohio R.C. 729.01 et seq.
Notice to construct or repair sidewalks - see Ohio R.C. 729.03
Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
Barricades and warning lights; abandoned excavations - see GEN. OFF. 521.03
Sidewalk obstructions; damage or injury - see GEN. OFF. 521.04
Duty to keep sidewalks clean and in repair - see GEN. OFF. 521.06
Excavations - see S.U. & P.S. Ch 903
901.01 STREETS, UTILITIES AND PUBLIC SERVICES CODE 4
901.01 STREET IMPROVEMENT CONDITIONS.
No department of the Village shall accept, lay out, open, improve, grade, pave, curb or light any street or other way unless such street or way shall have been accepted or opened or otherwise shall have received the legal status of a public street or way prior to the effective date of this chapter; or unless such street or way corresponds in location and extent with a street or way shown on a recorded plat which shall have been legally accepted by Council.
901.02 OPENING PERMIT.
(a)Required. No person, other than the Street Superintendent, Village Engineer, or their authorized employees or agents shall make any opening in any street, alley, sidewalk, or public way of the Village unless a permit to make such opening shall have been obtained prior to commencement of the work.
(b)Application and Cash Deposit. Each permit for making such opening shall be confined to a single project and shall be issued by the Street Superintendent or his designee. Application shall be made on a form prescribed by Council, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated and such other facts as may be provided for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posed with the Street Superintendent or his designee, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
(c)Return of Deposit. When any work under any permit is completed to the satisfaction of the Street Superintendent, he shall certify such in writing to the Clerk-Treasurer or other proper administrative officer who shall return the deposit or any remaining portion thereof to the permittee at once.
(d)Fee. The fee for the permit required in subsection (a) shall be three hundred dollars ($300.00).
901.03 PAVEMENT RESTORATION.
(a)The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the Street Superintendent or his designee, and in accordance with rules, regulations and specifications approved by Council.
(b)Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the Village may proceed without notice to make such fill and restoration and the deposit referred to in the preceding section shall be deemed forfeited. Thereupon such deposit shall be paid into the Street. Repair Fund, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the Village for restoration services performed by it. If the amount of such services performed by the Village should exceed the amount of such deposit, the Clerk-Treasurer or other proper administrative officer shall proceed to collect the remainder due from such permittee.
901.04 BARRIERS AND WARNING LIGHTS.
(a)Barriers Around Excavations. Any person engaged in or employing others in excavating, or opening any street, sidewalk, alley or other public way, shall have such excavation or opening fully barricaded at all times to prevent injury to persons or animals.
5 Streets and Sidewalks 901.08
(b)Warning Lights. Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley or other public way, at all times during the night season shall install and maintain at least two illuminated red lamps which shall be securely and conspicuously posted on, at or near each end of such obstruction or excavation, and if the space involved shall exceed fifty feet in extent, then at least one additional lamp for each added fifty feet or portion thereof excavated or obstructed.
901.05 SIDEWALK CONSTRUCTION.
It shall be the duty of the Village Engineer or, if none exists, the Street Superintendent, to supervise construction or repair of sidewalks within the Village. He shall cause specifications to be prepared for the construction of the various kinds of pavements and transmit the same to Council for approval. When approved, Council shall advertise for proposals to do all the work which may be ordered by the Village in construction and repair of sidewalks, and shall contract therefor, for a period not exceeding one year, with the lowest responsible bidder, who shall furnish good and sufficient sureties for the faithful performance of the work. Council, if it deems advisable, may make separate contracts for the different kinds of work with different parties.
901.06 STREET AND SIDEWALK OBSTRUCTION.
No person shall obstruct any street, alley, sidewalk or other public way within the Village, by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any such fence or building is permitted to remain upon such public way, shall be deemed a separate offense.
901.07 REMOVAL OF ICE AND SNOW.
(a)The owner, occupant or person having the care of any building or lot of land bordering on any street with graded or paved sidewalk shall, within twenty-four hours after a snowfall of two inches or more, cause the snow to be removed from the sidewalk. Application of this section shall extend to include snow or ice falling from any building.
(b)Whenever the sidewalk or any part thereof shall become encumbered with ice, the owner, occupant or person in control, shall, within twenty-four hours after its formation cause the sidewalk to be made safe by removing the ice or sprinkling the sidewalk with salt or some other suitable substance.
901.08 SPECIFICATIONS FOR THE MAINTENANCE AND REPLACEMENT
OF SIDEWALKS.
(a)Maintenance of Concrete Sidewalks. No owner of a lot or parcel of land situated within the corporation limits of the Village will fail to maintain the existing sidewalk along a street adjacent to the owners lot or parcel allowing any of the following defined hazards.
(b)Hazardous Sidewalks to be Replaced.
(1)Stub toes. The vertical misalignment along any part of the seam between two slabs, or between section within a slot fractured by cracks, one inch in elevation or greater.
(2)Traverse (lateral) slope. Any individual slabs or portion of a slab that slopes either toward the paved portion of the street or the adjoining property at a ratio of more than one inch per horizontal foot.
(3)Longitudinal slope. Other than handicapped ramps each individual slab or fragmented sections of a slab that deviates from average line of the sidewalk surface level at a ratio of more than one inch per lineal foot.
901.08 STREETS, UTILITIES AND PUBLIC SERVICES CODE 6
(4)Gaps. A space between slabs and the depth of the gap between slabs in excess of one inch in width; those caused by the absence of a fragmented section of the sidewalk exceeding one inch in width.
(5)Surface quality.
A.Cracked slabs. Slab fragmented by cracks into four or more sections, where any one of the gaps between fragments is greater than one inch in width or depth.
B.Pitted slabs. Slabs whose surface is granular and contains hazardous depressions of surface break up in excess of one inch in depth. Depth is to be determined by a four foot straight edge laid on the surface of the sidewalk.
(6)Surface irregularity. Any surface irregularity in the sidewalk that allows impounding of water for more than one square foot in area.
(c)Standards.
(1)All sidewalks constructed or rebuilt in the Village will be constructed or rebuilt of concrete having a minimum thickness of four inches except where crossed by driveways where minimum thickness will be six inches. Approved brick surfaces may be permitted with concrete base, retaining curbs on both sides and drainage provisions so as to prevent flooding, freezing and heaving.
(2)Existing stone or concrete sidewalks meeting with requirements may be roe or relayed if in good condition and free of surface defects.
(3)All sidewalks will be a minimum of four feet wide.
(4)Sidewalks will be installed along the frontage and side lots along streets on all lots in the Village where adequate sidewalks do not now exist when building or erected thereon.
(d)Prohibition Against Removal of Existing Sidewalks. No person may remove existing sidewalks without replacing the sidewalks with new sidewalks unless Council and Mayor approves removal of the sidewalk.
(e)Contraction Joints. Walks and driveways contraction joints in walks at intervals equal to the width of the sidewalk, and in driveways at approximately ten foot intervals to be provided by cutting approximately halfway through the slab.
(f)Expansion Joints. Expansion joint material of one half an inch minimum will be placed at property lines around obstruction such as trees and poles. They also will be wherever the walk meets a driveway approach or a curb and at intervals not to exceed fifty feet.
(g)Grades and Locations. They are to be provided by the Village, and when determined necessary by the Village Engineer.
(h)Grade Drainage. The grade must drain properly unyielding to standing water.
(i)Subgrade. Soil will be firm and unyielding with no standing water. No concrete will be placed on a frozen subgrade and adequate precautions will be taken to protect the concrete from freezing.
7 Streets and Sidewalks 901.99
(j)Surface. The surface of the concrete walk and driveway approach will be struck to a true surface and given a light broom finish just prior to the final setting of the concrete. The edges of the walk and driveway approach and all joints will be finished with a one half inch edging tool.
(k)Barricades. Adequate lights, signs and barricades will be maintained to protect the work and the public.
(l)Trees. Where tree roots have caused damage to the existing sidewalks it is the obligation of the property owner to contact the Street Superintendent to determine whether or not the roots can be cut sufficiently without causing damage to the tree.
(m)Variance.
(1)Request for sidewalk variance. If an owner of a lot or parcel of land in the Village is repairing or replacing an existing sidewalk or is installing a new sidewalk the owner may petition to the Village Council and Mayor.
(2)Conditions for granting a variance.
A.Special conditions and circumstances must exist which are peculiar to the proposed replacing or installation of sidewalks.
B.The special conditions and circumstances are not created solely by the applicant.
(3)Approval. Variances are to be approved by the Street Committee with the Village Council and Mayors decision final.
901.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Each day on which a violation occurs or continues shall be deemed a separate offense.
9
CHAPTER 903
Excavations
903.01Permit required.
903.02Permit fee; insurance.
903.03Inspection of connections;
backfill.
903.99Penalty.
CROSS REFERENCES
Openings by the Municipality - see Ohio R.C. 723.02
Surface treatment - see Ohio R.C. 723.23, 723.31
Excavation liability - see Ohio R.C. 723.49 et seq.
Depth of excavation allowable - see Ohio R.C. 723.50
Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
Barricades and warning lights; abandoned excavations - see GEN. OFF. 521.03
Streets and sidewalks - see S.U & P.S. Ch. 901
903.01 PERMIT REQUIRED.
Whoever desires to make an excavation in any public street, way or alley located within the Village, for the purpose of making a water or sewer tap or for any other purpose, shall be required to obtain a permit for such excavation from the Building Commission before any such excavation shall be made.
903.02 PERMIT FEE; INSURANCE.
(a)The fee for the permit required in Section 903.01 shall be three hundred dollars ($300.00).
(b)Before any permit required by this chapter shall be issued, the applicant shall file with the Village Administrator satisfactory evidence of adequate insurance protecting the applicant and the Village against any and all claims for personal injury and/or property damage, resulting from any excavation work in the amount of twenty thousand dollars ($20,000).
903.03 INSPECTION OF CONNECTIONS; BACKFILL.
(a)All connections for water or sewer purposes shall be inspected and approved by the Village Administrator before they are covered.
(b)All backfill shall be made of materials and in the manner specified by the Village Administrator.
903.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Each day on which a violation occurs or continues shall be deemed a separate offense.
11
CHAPTER 905
Trees and Bushes
905.01Trees or bushes overhanging
traveled part of the street.
905.02Trees or bushes overhanging
sidewalk or lateral strip.
905.03Trees or bushes providing a
visual obstruction to traffic.
905.04Remedy.
CROSS REFERENCES
Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20
Assessment for tree planting or maintenance - see Ohio R.C. 727.011
Street obstructions - see TRAF. 311.01
905.01 TREES OR BUSHES OVERHANGING TRAVELED PART OF
THE STREET.
Owners of trees or bushes, any part of which overhang or extend over any part of a public street in the Village shall so trim said trees or bushes and keep said trees or bushes so trimmed, that there will be a clearance of fifteen feet between the street level and the lowermost branches of said trees or bushes. (Ord. 92-16. Passed 9-14-92.)
905.02 TREES OR BUSHES OVERHANGING SIDEWALK OR LATERAL
STRIP.
Owners of trees or bushes, any part of which overhang or extend over any part of a public sidewalk or lateral strip shall so trim said trees or bushes and keep said trees or bushes so trimmed, that there will be a clearance of eight feet between the sidewalk or lateral strip, as the case may be, and the lowermost branches of trees or bushes.
(Ord. 92-16. Passed 9-14-92.)
905.03 TREES OR BUSHES PROVIDING A VISUAL OBSTRUCTION TO
TRAFFIC.
Owners of trees or bushes which, in the opinion of the Mayor and the Street Committee, visually obstruct the view of street traffic shall be trimmed so as to eliminate any such obstruction.
(Ord. 92-16. Passed 9-14-92.)
905.04 STREETS, UTILITIES AND PUBLIC SERVICES CODE 12
905.04 REMEDY.
Upon written information that trees or bushes are overhanging the traveled portion of a street or sidewalk, or obstruct the view of street traffic within the Village of Wakeman, the Mayor or Council shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying the appropriate party that said trees or bushes are obstructing the view of street traffic and that they must be properly trimmed within fourteen days after the service of such notice. If said owner or other person having charge of such lands is a non-resident whose address is known, such notice shall be sent to his address by registered mail; if the address of such owner is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in Huron County, Ohio.
(a)Any police officer, clerk or deputy clerk of the Village may make service and return of the notice provided for in this section.
(b)If the owner, lessee, agent or tenant having charge of the lands herein fails to comply with such notice, the Mayor and the Street Committee shall cause said trees or bushes to be properly trimmed and the expenses so incurred shall be approved by the Mayor or Council and paid out of the treasury of the Village.
(c)The Clerk-Treasurer shall make written return to the County Auditor of the Villages action with a statement of the charges for the services, when thirty days shall have elapsed after the appropriate party has been billed and the bill remains unpaid, the amount paid for the performance of such labor, and the fees of the officers who made the service with the notice and return and a proper description of the premises with request that such amount be entered upon the tax duplicate and a lien upon such lands from and after the date of the entry and be collected as other taxes and be returned to the Municipality according to law.
(Ord. 92-16. Passed 9-14-92.)
13
TITLE THREE - Utilities
Chap. 921. Water.
Chap. 925. Sewers.
CHAPTER 921
Water
921.01Deposit guarantee.
921.02Rates.
921.03Monthly minimum charge;
shut-offs.
921.04Water tap charges.
921.05Termination of service.
921.06Procedure for filling pools.
921.07Cross connecting prohibited;
backflow prevention.
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
Water works mortgage revenue bonds - see Ohio R.C. 715.09 et seq.
Compulsory water connections - see Ohio R.C. 729.06, 743.23
Management and control of water works - see Ohio R.C. 743.02 et seq.
Weekly deposit of water works money collected - see Ohio R.C. 743.06
Tampering with water hydrants, pipes or meters; unauthorized connections - see
Ohio R.C. 4933.22
Fluoridation - see Ohio R.C. 6111.13
Water pollution control - see Ohio R.C. Ch. 6111
Water supply - see OAC Ch. 4101:2-51-37
Backflow - see OAC Ch. 4101:2-51-38
921.01 DEPOSIT GUARANTEE.
After the effective date of this section, a guaranteed water deposit fee of one hundred dollars ($100.00) shall be required at all rental premises where the renter is responsible for water charges. The guaranteed deposit fee will be returned to the renter upon full payment of charges or will be applied towards any outstanding charges when service is terminated as to that renter.
(Ord. 1996-0-6. Passed 2-12-96.)
921.02 RATES.
(a)Beginning April 17, 1996, all water meters which are part of the Village of Wakeman water system will be read monthly. The schedule of rates for water service beginning on or about September 1, 2004 for August 2004 usage shall be as follows:
921.02 STREETS, UTILITIES AND PUBLIC SERVICES CODE 14
RATES INSIDE VILLAGE CORPORATION LIMITS
Amount of WaterRate per Month
First 2,600 Gallons$22.74
For amounts in excess of 2,600 Gallons (per thousand)$5.92
RATES OUTSIDE VILLAGE CORPORATION LIMITS
Amount of WaterRate per Month
For the first 2,600 Gallons$27.24
For amounts in excess of 2,600 Gallons (per thousand)$7.23
The Schedule of Rates for Water Service beginning on or about February 1, 2005
for the January 2005 usage shall be as follows:
RATES INSIDE VILLAGE CORPORATION LIMITS
Amount of WaterRate per Month
First 2,600 Gallons$24.87
For amounts in excess of 2,600 Gallons (per thousand)$6.74
RATES OUTSIDE VILLAGE CORPORATION LIMITS
Amount of WaterRate per Month
For the first 2,600 Gallons$29.37
For amounts in excess of 2,600 Gallons (per thousand)$8.05
(b)Beginning October 1, 1997, the rate for bulk water service shall be eight dollars ($8.00) per one thousand gallons.
(c)Beginning April 6, 1998, the water meter which is part of the Village of Wakeman water system and attached to property owned by the Wakeman Fire District will be read monthly. The schedule of rates for water service to the Wakeman Fire District beginning on or about September 1, 2004 for August 2004 usage shall be as follows:
(1)The one inch water meter at the Wakeman Fire District Fire Station, located within the Village of Wakeman, will be charged a base rate of twenty-two dollars and seventy-four cents ($22.74) per month for the first 2,600 gallons of water, and a charge of five dollars and ninety-two cents ($5.92) per thousand gallons of water used in excess of 2,600 gallons. Then, beginning on or about February 1, 2005 for the January 2005 usage, the rate shall be as follows: twenty-four dollars and eighty-seven cents ($24.87) per month for the first 2,600 gallons of water, and a charge of six dollars and seventy-four cents ($6.74) per thousand gallons of water used in excess of 2,600 gallons.
(2)The two inch water meter at the Wakeman Fire District Fire Station, which is where the fire district draws water for fire fighting purposes, will be charged as follows:
A.For water used to extinguish fires within the corporate limits of the Village of Wakeman, no charge shall be assessed the Wakeman Fire District.
B.For water used to extinguish fires outside the corporate limits of the Village of Wakeman, the Wakeman Fire District shall pay a charge of seven dollars and twenty-three cents ($7.23) per thousand gallons of water used. Then beginning February 1, 2005 for the January 2005 usage the Wakeman Fire District shall pay a charge of eight dollars and five cents ($8.05) per thousand gallons of water used. (Ord. 2004-O-20. Passed 7-22-04.)
15 Water 921.04
921.03 MONTHLY MINIMUM CHARGE; SHUT-OFFS.
(a)The monthly minimum shall be charged to all metered water customers, businesses, and residences alike.
(b)Residents temporarily requesting water shutoff by the Village may do so, however, they will be charged the minimum monthly rate to be collected by the Village for any full or partial month in which water service is provided. No minimum monthly rate will be collected from residents temporarily requesting water shutoff for any full month in which the water is shut off. (Ord. 82-18. Passed 1-10-83.)
921.04 WATER TAP CHARGES.
(a)The water tap charges for taps up to one inch in diameter shall be seven hundred dollars ($700.00). Said water tap charge shall be collected at the time of the issuance of the zoning and/or building permit. The billing for water service shall begin when the water meter is installed by the Village Water Department or the meter is given to the customer for installation. The Village of Wakeman shall furnish the following items with each one inch tap:
(1)Up to sixty feet of water line or from main to curb box;
(2)One ball check valve;
(3)Two nipples;
(4)One copper horn (meter set);
(5)One water meter with remote;
(6)Up to two hours of labor for each of two men for the installation of the tap;
(7)Up to eight ton of stone.
(b)A fee will be charged for the connection of water service to an existing tap. The Village of Wakeman shall furnish the following items with each connection:
(1)One ball check valve;
(2)Two nipples;
(3)One copper horn (meter set);
(4)One water meter with remote.
(c)The fees for connection of water service to an existing tap shall be as follows:
(1)3/4 inch meter:$200.00;
(2)3/4 inch pit meter:$250.00;
(3)One inch meter:$350.00;
(4)One inch pit meter:$350.00.
(d)A fee of two hundred fifty dollars ($250.00) will be charged per additional meter with the Village of Wakeman furnishing the following items with each additional meter:
(1)One lockout valve (wing lock);
(2)One ball check valve;
(3)Two nipples;
(4)One copper horn (meter set);
(5)One water meter with remote.
(e)In the event the residence is a duplex or triplex, a fee of two hundred fifty dollars ($250.00) will be charged, plus the cost of each meter to be installed.
(f)The property owner shall provide backhoe services to dig the necessary hole or trench for the installation of any tap, the connection of water service to an existing tap, and/or for the installation of each additional meter in addition to the payment of the tap fees as set forth herein. The Village employee shall be given forty-eight hours notice by the person requesting a water tap prior to the installation of any water connection. (Ord. 2000-0-32. Passed 10-9-00.)
921.05 STREETS, UTILITIES AND PUBLIC SERVICES CODE 16
921.05 TERMINATION OF SERVICE.
(a)The Clerk-Treasurer, acting as Clerk of the Village water system, is hereby authorized to issue shut-off notices to those account holders in excess of thirty days in arrears relative to their water and sewer service accounts. This notice shall give the account holder a period of five days from the due date, the 15th of each month, to pay the entire balance due (including the past due amount, penalties, late charges, reconnection charge, if any, as well as the current monthly billing) in full, or to make satisfactory arrangements with the Village Administrator for payment on said billing. Any and all payments for reconnection of delinquent water and sewer billings shall be made in cash, money order or certified check made payable to the Village of Wakeman, Ohio, to the Clerk-Treasurer.
(1)Said notice shall be sent to the customer at the customers last address known by the Village Administrator or Clerk-Treasurer. In the event the customer is not the owner of the property connected to the water and sewer system, a copy of the notice shall be sent to the owner of the property, if known by the Village Administrator or Clerk-Treasurer. Said notice shall be served by regular mail, personal service or by attaching the notice to the door of the premises so served.
(2)The notice shall inform the account holder that unless the unpaid bill for water and sewer service is paid in full or satisfactory arrangement with the Village Administrator for payment on said outstanding billing are not made on or before the fifth day following the due date, the 15th of each month, water and sewer service shall be terminated. In addition, the notice shall also inform the account holder that a ten percent (10%) late payment charge shall be added to the bill or any part thereof which remains unpaid commencing the first day after payment is due, and that a reconnection fee of twenty-five dollars ($25.00) shall be charged to the account holder if the water and sewer service are shut-off prior to service being resumed during normal business hours, or that a reconnection fee of seventy-five dollars ($75.00) shall be charged to the account holder if the water and sewer service are shut-off prior to service being resumed after normal business hours.
(b)(1)If the account holder, property owner or one of their representatives fails to pay the entire outstanding bill in full or otherwise fails to make arrangements satisfactory to the Village Administrator, then said Village Administrator shall cause the water and sewer service to be terminated until said account holder pays the entire outstanding bill, including the past due amount, penalties, late charges, reconnection fee, and the current monthly billing, in full. The Village Administrator shall inform the Clerk-Treasurer of any and all payment arrangements which are made with any delinquent account holder to ensure compliance with said agreement. The Village Administrator or Clerk-Treasurer shall receive the twenty-five dollars ($25.00) or seventy-five dollars ($75.00) reconnection fee before service is resumed.
(2)Anyone who has been previously disconnected for nonpayment shall be required, on the second disconnection of service, be required to make deposit equal to two times the deposit as established by the ordinance in force at that time.
(c)If the account holder fails to pay the outstanding bill in full or otherwise fail to make arrangements satisfactory to the Village Administrator after a period of thirty days after the shut-off date, the Village Administrator, regardless of whether the water and sewer service is terminated, shall do either of the following:
17 Water 921.06
(1)Notify the Village Solicitor to prepare the necessary documentation to certify the unpaid portion of the bill, together with late charges and the reconnection fee to the Huron County Auditor as a lien against the property to which the service was provided for collection as other taxes; or
(2)Collect the unpaid portion of the bill, together with late charges and the reconnection fee by actions at law.
(d)In the event that during the monthly reading of the water meters there appears to be an abnormality in a customers billing where the billing is in excess of two times the average billing from the previous twelve month period, the Village Administrator shall contact the customer to determine whether there is a leak, a faulty meter, or some other problem relative to that customers water service. The Village Administrator shall attempt to contact the customer by telephone and shall also send a written notice to the customer at the customers last address
known by the Village Administrator or Clerk-Treasurer. In the event the customer is not the owner of the property connected to the water and sewer system, a copy of the notice shall be sent to owner of the property, if known by the Village Administrator or Clerk-Treasurer. The aforementioned written notice shall be served by regular mail, personal service or by attaching the notice to the door of the premises so served. If the customer does not contact the Village Administrator within forty-eight hours after attempting to leave a message by telephone and after sending the written notice, the Village Administrator shall shut-off the customers water service until such time Village Administrator or his designee shall be permitted access to the affected premises to determine whether the problem is related to some fault within the Village water system, the meter, or is that of the customers. The Village Administrator shall document his attempts to contact the customer by telephone. In the event a customers water is shut-off due to the customers failure to contact the Village Administrator after messages by telephone and in writing have been given to the customer, in order for the customers water and sewer service to be reconnected, the customer shall pay to the Village a water service shut-off fee of twenty-five dollars ($25.00) if the water and sewer service are reconnected during normal business hours. In the event the water and sewer service are to be reconnected after normal business hours, the customer shall pay to the Village a water service shut-off fee of seventy-five dollars ($75.00). In any event, either the Village Administrator or Clerk-Treasurer shall receive the twenty-five dollars ($25.00) or seventy-five dollars ($75.00) reconnection fee prior to service being resumed.
(Ord. 1999-0-21. Passed 11-8-99.)
921.06 PROCEDURE FOR FILLING POOLS.
Village water system customers desiring to utilize Village water for filling their swimming pools shall give two days notice to the Village for scheduling of this service. Upon receipt of a request to fill a swimming pool, a Village employee shall measure the pool to be filled and report the number of gallons to be used to the Clerk. Then, the Clerk shall give the water system customer a credit on his, her or their sewer billing based upon the number of gallons to be used to fill the pool per one thousand gallons utilized. The amount of the per one thousand gallon credit shall be the sewer user fee as determined by Council on an annual basis. The water system customer may fill the pool at his, her or their convenience through the garden hose only after the Village employee has measured the pool and determined the number of gallons to be used.
(Ord. 2000-0-32. Passed 10-9-00.)
921.07 STREETS, UTILITIES AND PUBLIC SERVICES CODE 18
921.07 CROSS CONNECTING PROHIBITED; BACKFLOW PREVENTION.
(a)Purpose. The purpose of this section is:
(1) To protect the public potable water supply from contamination or pollution by isolating within the consumer's water system contaminants or pollutants which could backflow through the Service Connection into the public potable water system.
(2) To promote the elimination or control of existing cross connections, actual or potential, between the public or consumer's potable water system and nonpotable water systems, plumbing fixtures and sources or systems containing process fluids.
(3) To provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of the public and consumer's potable water systems.
(b)Application. This section shall apply to all premises served by the public potable
water system of the Village of Wakeman, Ohio.
(c)Policy. The Village shall be responsible for the protection of the public potable
water system from contamination due to backflow of contaminants through the water service connection. If, in the judgment of the Village Administrator or his authorized representative, and approved backflow prevention device is necessary at the water service connection to any consumer's premises for the safety of the water system, the Village Administrator or his authorized representative shall give notice to the consumer to install such approved backflow prevention device at each service connection to his premises. The consumer shall immediately install such approved device or devices at his own expense, and failure, refusal or inability on
the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed.
(d)Definitions. The following definitions shall apply in the interpretation and enforcement of this section.
(1) "Air gap separation" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.
(2) "Approved" means a backflow prevention device or method has been accepted by the supplier of water and the director as suitable for the proposed use.
(3) "Auxiliary water system" means any water system on or available to the premises other than the public water system and includes the water supplied by the system. These auxiliary waters may include water from another supplier's public water system; or water from a source such as wells, lakes or streams; or process fluids; or used water. They may be polluted or contaminated or objectionable or constitute a water source or system over which the supplier of water does not have control.
(4) "Backflow" means the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply from any source other than the intended source of the potable water supply.
(5) "Backflow Prevention Device" means any device, method or type of construction intended to prevent backflow into a potable water system.
19 Water 921.07
(6) "Consumer" means the owner or person in control of any premises supplied by or in any manner connected to a public water system.
(7) "Consumer's water system" means any water system located on the consumer's premises, supplied by or in any manner connected to a public water system. A household plumbing system is considered to be a consumer's water system.
(8) "Contamination" means an impairment of the quality of the water by sewage or process fluid or waste to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.
(9) "Cross-connection" means any arrangement whereby backflow can occur.
(10) "Degree of hazard" means an evaluation of the potential risk to health and the adverse effect upon the potable water system.
(11) "Director" means the Director of the Ohio Environmental Protection Agency or his duly authorized representative.
(12) "Double check valve assembly" means an assembly composed of two single, independently acting check valves including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the water-tightness of each check valve.
(13) "Environmental officer means the Village Administrator.
(14)Health hazard means any condition, device or practice in a water system or its operation that creates or may create a danger to the health and wellbeing of users. The word "severe" as used to qualify "health hazard" means a hazard to the health of the user that could reasonably be expected to result in significant morbidity or death.
(15) Interchangeable connection means an arrangement or device that will allow alternate but not simultaneous use of two sources of water.
(16) "Nonpotable water" means water not safe for drinking, personal or culinary use.
(17) "Person" means the state, any political subdivision, public or private corporation, individual, partnership or other legal entity.
(18) "Pollution" means the presence in water of any foreign substance that tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.
(19) "Potable water" means water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Ohio Environmental Protection Agency.
(20) "Process fluids" means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollution or system hazard