To amend sections 735.29, 743.04, 5321.03, 6103.02, and 6119.06 of the Revised Code to modify the circumstances under which a lien may be created to collect unpaid water rates and charges owed local authorities and to specify certain requirements prior to creation of the lien.

Section 1.  That sections 735.29, 743.04, 5321.03, 6103.02, and 6119.06 of the Revised Code be amended to read as follows:

Sec. 735.29. (A) The board of trustees of public affairs appointed under section 735.28 of the Revised Code shall manage, conduct, and control the waterworks, electric light plants, artificial or natural gas plants, or other similar public utilities, furnish supplies of water, electricity, or gas, collect all water, electric, and gas rents or charges, and appoint necessary officers, employees, and agents.

The board may make such any bylaws and rules as that it determines to be necessary for the safe, economical, and efficient management and protection of such works those waterworks, plants, and public utilities. These bylaws and rules, when if not repugnant to municipal ordinances or to the constitution or laws of this state, shall have the same validity as ordinances.

For the purpose of paying the expenses of conducting and managing such the waterworks, plants, and public utilities or of making necessary additions thereto to them and extensions and repairs thereon on them, the board may assess a water rent or charge, or a light, power, gas, or utility rent, of sufficient amount, and in such the manner as that it determines to be most equitable, upon all tenements and premises supplied therewith with their service. When such If those rents, except water rents and charges, are not paid when due, the board may certify them to the county auditor to be placed on the tax list and duplicate and collected as other village taxes, or it may collect them by actions at law in the name of the village. When

(B)(1) If water rents or charges for residential property that is not a multifamily residential property for which the water rents or charges are calculated based on a single master meter are not paid when due, the board may shall do either or both all of the following in order to certify the unpaid amount as a lien under division (B)(2)(a) of this section:

(A)(a) Promptly send a written notice by ordinary mail to the owner of the property served by the waterworks after not more than thirty days have elapsed since the water rents or charges became due. The notice shall contain a statement that the applicable water rents or charges were not paid when due and shall specify the number of days that have elapsed since the water rents or charges became due.

(b) Terminate the service to the property for which the water rents or charges are due after not more than ninety days have elapsed since those rents or charges first became due, unless the rents or charges and any applicable penalties have been paid in full. This division does not preclude the board from terminating service to the property for which the water rents or charges are due after the expiration of that ninety-day period.

(c) If the meter reading associated with the water rents or charges indicates water usage that is inordinately high compared to water usage under normal circumstances and the historical water usage at the property, promptly send a written notice to that effect by ordinary mail to the owner of the property served by the waterworks. As used in this division, "inordinately high" means forty per cent above the historical water usage at the property.

(2) If the water rents or charges are not paid after the board complies with division (B)(1) of this section or at the expiration of the ninety-day period specified in division (B)(1)(b) of this section if the board does not terminate service to the property within that period or if the water rents or charges for property to which division (B)(1) of this section does not apply are not paid when due, the board may do either of the following:

(a) Certify them the unpaid water rents or charges, together with any penalties, to the county auditor of the county where the property served is located. The Subject to division (B)(1) of this section if that division is applicable, the board may make a certification under division (B)(2)(a) of this section at any time and as often as necessary to further the collection of any unpaid water rents or charges and any applicable penalties. The board shall send a written notice of each certification to the owner of the property served. If the property served is residential property, the amount certified under division (B)(2)(a) of this section is any of the following, whichever is applicable:

(i) If the residential property served is individually metered for water usage and the owner of the property served occupies all or part of the property, the certified amount shall be the amount of any unpaid water rents or charges and any applicable penalties.

(ii) If the residential property served is individually metered for water usage, the owner of the property served does not occupy all or part of the property and is not the party liable to pay the applicable water rents or charges, and the owner of the property served has provided to the board a copy of a written lease or rental agreement or an affidavit evidencing that the owner of the property served did not occupy all or part of the property served when the water rents or charges were incurred, the certified amount shall not exceed the amount of the water rents or charges for water service for a three-month period and any applicable penalties.

(iii) If the water rents or charges are for a multifamily residential property and are calculated based on a single master meter, the certified amount shall be the amount of any unpaid water rents or charges and any applicable penalties.

The county auditor shall place the certified amount on the real property tax list and duplicate against the property served by the connection if he also receives from the board additional certification that the unpaid rents or charges have arisen pursuant to a service contract made directly with an owner who occupies the property served.

The to the waterworks. The certified amount placed on the tax list and duplicate shall be is a lien on the property served from the date placed on which the auditor places it on the tax list and duplicate and shall be collected in the same manner as other taxes, except that, notwithstanding section 323.15 of the Revised Code, a county treasurer shall accept a payment in such that amount when separately tendered as payment for the full amount of such those unpaid water rents or charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount. Any amounts collected by the county treasurer under this division shall be placed for immediate distribution to the village, in the appropriate distinct fund established for water rents and charges.

(B)(b) Collect them the unpaid water rents or charges, together with any penalties, by actions at law in the name of the village, from an owner, tenant, or other person who that is liable to pay for the payment of the rents or charges.

(C) The board shall have the same powers and perform the same duties as that are provided in sections 743.01, 743.05 to 743.07, 743.10, 743.11, 743.18, 743.24, and 735.05 to 735.09 of the Revised Code, and all the powers and duties relating to waterworks in any of such those sections shall extend to and include electric light, power, and gas plants, and such other similar public utilities, and such. The board shall have such any other duties as that are prescribed by law or ordinance not inconsistent herewith with this section.

(D) Each board that assesses water rents or charges shall determine the actual amount of rents due based upon an actual reading of each customer's meter at least once in each three-month period, and at least quarterly the board shall render a bill for the actual amount shown by the meter reading to be due, except estimated bills may be rendered if access to a customer's meter was unobtainable for a timely reading. Each board that assesses water rents or charges shall establish procedures providing fair and reasonable opportunity for the resolution of billing disputes.

When (E) If property to which water service is provided is about to be sold, any party to the sale or his the party's agent may request the board to read the meter at that property and to render within ten days following the date on which the request is made, a final bill for all outstanding rents and charges for water service. Such a The request shall be made at least fourteen days prior to the transfer of the title of such that property.

(F) At any time prior to a certification under division (A)(B)(2)(a) of this section or the filing of an action under division (B)(2)(b) of this section, the board shall accept any partial payment of unpaid water rents or charges, in the amount of ten dollars or more.

Sec. 743.04. (A) For the purpose of paying the expenses of conducting and managing the waterworks of a municipal corporation, including operating expenses and the costs of permanent improvements, the director of public service or any other city official or body authorized by charter may assess and collect a water rent or charge of sufficient amount and in such the manner as he that the director, other official, or it body determines to be most equitable from all tenements and premises supplied with water. When

(B)(1) If water rents or charges for residential property that is not a multifamily residential property for which the water rents or charges are calculated based on a single master meter are not paid when due, the director or other official or body may shall do either or both all of the following in order to certify the unpaid amount as a lien under division (B)(2)(a) of this section:

(A)(a) Promptly send a written notice by ordinary mail to the owner of the property served by the waterworks after not more than thirty days have elapsed since the water rents or charges became due. The notice shall contain a statement that the applicable water rents or charges were not paid when due and shall specify the number of days that have elapsed since the water rents or charges became due.

(b) Terminate the service to the property for which the water rents or charges are due after not more than ninety days have elapsed since those rents or charges first became due, unless the unpaid rents or charges and any applicable penalties have been paid in full. This division does not preclude the director or other official or body from terminating service to the property for which the water rents or charges are due after the expiration of that ninety-day period.

(c) If the meter reading associated with the water rents or charges indicates water usage that is inordinately high compared to water usage under normal circumstances and the historical water usage at the property, promptly send a written notice to that effect by ordinary mail to the owner of the property served by the waterworks. As used in this division, "inordinately high" means forty per cent above the historical water usage at the property.

(2) If the water rents or charges are not paid after the director or other official or body complies with division (B)(1) of this section or at the expiration of the ninety-day period specified in division (B)(1)(b) of this section if the director or other official or body does not terminate service to the property within that period or if the water rents or charges for property to which division (B)(1) of this section does not apply are not paid when due, the director or other official or body may do either of the following:

(a) Certify them the unpaid water rents or charges, together with any penalties, to the county auditor of the county where the property served is located. The Subject to division (B)(1) of this section if that division is applicable, the director or other official or body may make a certification under division (B)(2)(a) of this section at any time and as often as necessary to further the collection of any unpaid water rents or charges and any applicable penalties. The director or other official or body shall send a written notice of each certification to the owner of the property served. If the property served is residential property, the amount certified under division (B)(2)(a) of this section is any of the following, whichever is applicable:

(i) If the residential property served is individually metered for water usage and the owner of the property served occupies all or part of the property, the certified amount shall be the amount of any unpaid water rents or charges and any applicable penalties.

(ii) If the residential property served is individually metered for water usage, the owner of the property served does not occupy all or part of the property and is not the party liable to pay the applicable water rents or charges, and the owner of the property served has provided to the director or other official or body a copy of a written lease or rental agreement or an affidavit evidencing that the owner of the property served did not occupy all or part of the property served when the water rents or charges were incurred, the certified amount shall not exceed the amount of the water rents or charges for water service for a three-month period and any applicable penalties.

(iii) If the water rents or charges are for a multifamily residential property and are calculated based on a single master meter, the certified amount shall be the amount of any unpaid water rents or charges and any applicable penalties.

The county auditor shall place the certified amount on the real property tax list and duplicate against the property served by the connection if he also receives from the director or other official or body additional certification that the unpaid rents or charges have arisen pursuant to a service contract made directly with an owner who occupies the property served.

The to the waterworks. The certified amount placed on the tax list and duplicate shall be is a lien on the property served from the date placed on which the auditor places it on the tax list and duplicate and shall be collected in the same manner as other taxes, except that, notwithstanding section 323.15 of the Revised Code, a county treasurer shall accept a payment in such that amount when separately tendered as payment for the full amount of such those unpaid water rents or charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount. Any amounts collected by the county treasurer under this division shall be immediately placed in the distinct fund established by section 743.06 of the Revised Code.

(B)(b) Collect them the unpaid water rents or charges, together with any penalties, by actions at law, in the name of the city, from an owner, tenant, or other person who that is liable to pay for the payment of the rents or charges.

(C) Each director or other official or body that assesses water rents or charges shall determine the actual amount of rents due based upon an actual reading of each customer's meter at least once in each three-month period, and at least quarterly the director or other official or body shall render a bill for the actual amount shown by the meter reading to be due, except estimated bills may be rendered if access to a customer's meter was unobtainable for a timely reading. Each director or other official or body that assesses water rents or charges shall establish procedures providing fair and reasonable opportunity for the resolution of billing disputes.

When (D) If property to which water service is provided is about to be sold, any party to the sale or his the agent of that party may request the director or other official or body to read the meter at that property and to render within ten days following the date on which the request is made, a final bill for all outstanding rents and charges for water service. Such a The request shall be made at least fourteen days prior to the transfer of the title of such that property.

(E) At any time prior to a certification under division (A)(B)(2)(a) of this section or the filing of an action under division (B)(2)(b) of this section, the director or other official or body shall accept any partial payment of unpaid water rents or charges, in the amount of ten dollars or more.

Sec. 5321.03.  (A) Notwithstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923. of the Revised Code for possession of the premises if any of the following applies:

(1) The tenant is in default in the payment of rent;.

(2) The violation of the applicable building, housing, health, or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant's household, or by anyone on the premises with the consent of the tenant;.

(3) Compliance with the applicable building, housing, health, or safety code would require alteration, remodeling, or demolition of the premises which that would effectively deprive the tenant of the use of the dwelling unit;.

(4) A tenant is holding over the tenant's term.

(5) The residential premises are located within one thousand feet of any school premises, and both of the following apply regarding the tenant or other occupant who resides in or occupies the premises:

(a) The tenant's or other occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.

(b) The state registry of sex offenders and child-victim offenders indicates that the tenant or other occupant was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.

(B) The maintenance of an action by the landlord under this section does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of section 5321.04 of the Revised Code.

(C) This section does not apply to a dwelling unit occupied by a student tenant.

(D) For purposes of division (A)(1) of this section, if a tenant is obligated under a rental agreement to pay directly for any charges for water service and the tenant does not pay for those charges within thirty days after they become due, the tenant is considered in default in the payment of rent.

Sec. 6103.02.  (A) For the purpose of preserving and promoting the public health and welfare, a board of county commissioners may acquire, construct, maintain, and operate any public water supply facilities within its county for one or more sewer districts and may provide for their protection and prevent their pollution and unnecessary waste. The board may negotiate and enter into a contract with any public agency or any person for the management, maintenance, operation, and repair of the facilities on behalf of the county, upon the terms and conditions as that may be agreed upon with the agency or person and as may be determined by the board to be in the interests of the county. By contract with any public agency or any person operating public water supply facilities within or without its county, the board also may provide a supply of water to a sewer district from the facilities of the public agency or person.

(B) The county sanitary engineer or sanitary engineering department, in addition to other assigned duties, shall assist the board in the performance of its duties under this chapter and shall be charged with other duties and services in relation to the board's duties as the board prescribes.

(C) The board may adopt, publish, administer, and enforce rules for the construction, maintenance, protection, and use of county-owned or county-operated public water supply facilities outside municipal corporations and of public water supply facilities within municipal corporations that are owned or operated by the county or that are supplied with water from water supply facilities owned or operated by the county, including, but not limited to, rules for the establishment and use of any connections, the termination in accordance with reasonable procedures of water service for nonpayment of county water rates and charges, and the establishment and use of security deposits to the extent considered necessary to ensure the payment of county water rates and charges. The rules shall not be inconsistent with the laws of the this state or any applicable rules of the director of environmental protection.

(D) No public water supply facilities shall be constructed in any county outside municipal corporations by any person, except for the purpose of supplying water to those municipal corporations, until the plans and specifications for the facilities have been approved by the board. Construction shall be done under the supervision of the county sanitary engineer. Any person constructing public water supply facilities shall pay to the county all expenses incurred by the board in connection with the construction.

(E) The county sanitary engineer or the county sanitary engineer's authorized assistants or agents, when properly identified in writing or otherwise and after written notice is delivered to the owner at least five days in advance or mailed at least five days in advance by first class or certified mail to the owner's tax mailing address, may enter upon any public or private property for the purpose of making, and may make, surveys or inspections necessary for the design or evaluation of county public water supply facilities. This entry is not a trespass and is not to be considered an entry in connection with any appropriation of property proceedings under sections 163.01 to 163.22 of the Revised Code that may be pending. No person or public agency shall forbid the county sanitary engineer or the county sanitary engineer's authorized assistants or agents to enter, or interfere with their entry, upon the property for the purpose of making the surveys or inspections. If actual damage is done to property by the making of the surveys or inspections, the board shall pay the reasonable value of the damage to the property owner, and the cost shall be included in the cost of the facilities and may be included in any special assessments levied and collected to pay that cost.

(F) The board shall fix reasonable rates, including penalties for late payments, for water supplied to public agencies and persons when the source of supply or the facilities for its distribution are owned or operated by the county and may change the rates from time to time as it considers advisable. When the source of the water supply to be used by the county is owned by another public agency or person, the schedule of rates to be charged by the public agency or person shall be approved by the board at the time it enters into a contract for the use of water from the public agency or person. When the distribution facilities are owned by the county, the board also may fix reasonable charges to be collected for the privilege of connecting to the distribution facilities and may require that, prior to the connection, the charges be paid in full or, if determined by the board to be equitable in a resolution relating to the payment of the charges, may require their payment in installments, as considered adequate by the board, at the times, in the amounts, and with the security, carrying charges, and penalties as may be determined by the board in that resolution to be fair and appropriate. No public agency or person shall be permitted to connect to those facilities until the charges have been paid in full or provision for their payment in installments has been made. If the connection charges are to be paid in installments, the board shall certify, to the county auditor, information sufficient to identify each parcel of property served by a connection and, with respect to each parcel, the total of the charges to be paid in installments, the amount of each installment, and the total number of installments to be paid. The county auditor shall record and maintain the information so supplied in the waterworks record provided for in section 6103.16 of the Revised Code until the connection charges are paid in full. The board may include amounts attributable to connection charges being paid in installments in its billings of rates and other charges for water supplied. In addition, the board may consider payments made to a school district under section 6103.25 of the Revised Code when the board establishes rates and other charges for water supplied.

(G) When (1) If any water rates or charges for residential property that is not a multifamily residential property for which the water rates or charges are calculated based on a single master meter are not paid when due, the board may shall do any or all of the following in order to certify the unpaid amount as a lien under division (G)(2)(a) of this section:

(1)(a) Promptly send a written notice by ordinary mail to the owner of the property served by the public water supply or distribution facility after not more than thirty days have elapsed since the water rates or charges became due. The notice shall contain a statement that the applicable water rates or charges were not paid when due and shall specify the number of days that have elapsed since the water rates or charges became due.

(b) Terminate the service to the property for which the water rates or charges are due after not more than ninety days have elapsed since those rates or charges first became due, unless the rates or charges and any applicable penalties have been paid in full. This division does not preclude the board from terminating service to the property for which the water rates or charges are due after the expiration of that ninety-day period.

(c) If the meter reading associated with the water rates or charges indicates water usage that is inordinately high compared to water usage under normal circumstances and the historical water usage at the property, promptly send a written notice to that effect by ordinary mail to the owner of the property served by the public water supply or distribution facility. As used in this division, "inordinately high" means forty per cent above the historical water usage at the property.

(2) If the water rates or charges are not paid after the board complies with division (G)(1) of this section or at the expiration of the ninety-day period specified in division (G)(1)(b) of this section if the board does not terminate service to the property within that period or if the water rates or charges for property to which division (G)(1) of this section does not apply are not paid when due, the board may do any of the following:

(a) Certify the unpaid water rates or charges, together with any penalties, to the county auditor of the county where the property served is located. The Subject to division (G)(1) of this section if that division is applicable, the board may make a certification under division (G)(2)(a) of this section at any time and as often as necessary to further the collection of any unpaid water rates or charges and any applicable penalties. The board shall send a written notice of each certification to the owner of the property served. If the property served is residential property, the amount certified under division (G)(2)(a) of this section is any of the following, whichever is applicable:

(i) If the residential property served is individually metered for water usage and the owner of the property served occupies all or part of the property, the certified amount shall be the amount of any unpaid water rates or charges and any applicable penalties.

(ii) If the residential property served is individually metered for water usage, the owner of the property served does not occupy all or part of the property and is not the party liable to pay the applicable water rates or charges, and the owner of the property served has provided to the board a copy of a written lease or rental agreement or an affidavit evidencing that the owner of the property served did not occupy all or part of the property served when the water rates or charges were incurred, the certified amount shall not exceed the amount of the water rates or charges for water service for a three-month period and any applicable penalties.

(iii) If the water rates or charges are for a multifamily residential property and are calculated based on a single master meter, the certified amount shall be the amount of any unpaid water rates or charges and any applicable penalties.

The county auditor shall place the certified amount upon the real property tax list and duplicate against the property served by the connection to the public water supply or distribution facility. The certified amount shall be is a lien on the property served from the date placed on which the auditor places it on the real property tax list and duplicate and shall be collected in the same manner as taxes, except that, notwithstanding section 323.15 of the Revised Code, a county treasurer shall accept a payment in that amount when separately tendered as payment for the full amount of the unpaid water rates or charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount.

(2)(b) Collect the unpaid water rates or charges, together with any penalties, by actions at law in the name of the county from an owner, tenant, or other person or public agency that is liable for the payment of the rates or charges;

(3)(c) Terminate, in accordance with this section and established rules, the water service to the particular property unless and until the unpaid rates or charges, together with any penalties, are paid in full;

(4)(d) Apply, to the extent required, any security deposit made in accordance with established rules to the payment of the unpaid rates and charges, together with any penalties, for water service to the particular property.

(3) All moneys collected as rates, charges, or penalties fixed or established in accordance with division (F) of this section for water supply purposes in or for any sewer district shall be paid to the county treasurer and kept in a separate and distinct water fund established by the board to the credit of the district.

(4) Each board that fixes water rates or charges may render estimated bills periodically, provided that at least quarterly it shall schedule an actual reading of each customer's meter so as to render a bill for the actual amount shown by the meter reading to be due, with credit for prior payments of any estimated bills submitted for any part of the billing period, except that estimated bills may be rendered if a customer's meter is not accessible for a timely reading or if the circumstances preclude a scheduled reading. Each board also shall establish procedures providing a fair and reasonable opportunity for the resolution of billing disputes.

(5) When property to which water service is provided is about to be sold, any party to the sale or an agent of a that party may request the board to have the meter at that property read and to render, within ten days following the date on which the request is made, a final bill for all outstanding rates and charges for water service. The request shall be made at least fourteen days prior to the transfer of the title of the property.

(6) At any time prior to a certification under division (G)(1)(2)(a) of this section or the filing of an action under division (G)(2)(b) of this section, the board shall accept any partial payment of unpaid water rates or charges in the amount of ten dollars or more.

(7) Except as otherwise provided in any proceedings authorizing or providing for the security for and payment of any public obligations, or in any indenture or trust or other agreement securing public obligations, moneys in the water fund shall be applied first to the payment of the cost of the management, maintenance, and operation of the water supply facilities of, or used or operated for, the sewer district, which cost may include the county's share of management, maintenance, and operation costs under cooperative contracts for the acquisition, construction, or use of water supply facilities and, in accordance with a cost allocation plan adopted under division (H) of this section, payment of all allowable direct and indirect costs of the district, the county sanitary engineer or sanitary engineering department, or a federal or state grant program, incurred for the purposes of this chapter, and. Moneys in the water fund shall then be applied second to the payment of debt charges payable on any outstanding public obligations issued or incurred for the acquisition or construction of water supply facilities for or serving the district, or for the funding of a bond retirement or other fund established for the payment of or security for the obligations. Any surplus remaining may be applied to the acquisition or construction of those facilities or for the payment of contributions to be made, or costs incurred, for the acquisition or construction of those facilities under cooperative contracts. Moneys in the water fund shall not be expended other than for the use and benefit of the district.

(H) A board of county commissioners may adopt a cost allocation plan that identifies, accumulates, and distributes allowable direct and indirect costs that may be paid from the water fund of the sewer district created pursuant to division (G)(3) of this section, and that prescribes methods for allocating those costs. The plan shall authorize payment from the fund of only those costs incurred by the district, the county sanitary engineer or sanitary engineering department, or a federal or state grant program, and those costs incurred by the general and other funds of the county for a common or joint purpose, that are necessary and reasonable for the proper and efficient administration of the district under this chapter. The plan shall not authorize payment from the fund of any general government expense required to carry out the overall governmental responsibilities of a county. The plan shall conform to United States office of management and budget Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments," published May 17, 1995.

Sec. 6119.06.  Upon the declaration of the court of common pleas organizing the a regional water and sewer district pursuant to section 6119.04 of the Revised Code and upon the qualifying of its board of trustees and the election of a president and a secretary, said the district shall exercise in its own name all the rights, powers, and duties vested in it by Chapter 6119. of the Revised Code, and, subject this chapter. Subject to such any reservations, limitations and qualifications as that are set forth in this Chapter chapter, such the district may do the following:

(A) Adopt bylaws for the regulation of its affairs, the conduct of its business, and notice of its actions;

(B) Adopt an official seal;

(C) Maintain a principal office and suboffices at such any places within the district as that it designates;

(D) Sue and plead in its own name; be sued and impleaded in its own name with respect to its contracts or, to torts of its members, employees, or agents acting within the scope of their employment, or to enforce its obligations and covenants made under sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any such of those types of actions against the district shall be brought in the court of common pleas of the county in which the principal office of the district is located, or in the court of common pleas of the county in which the cause of action arose, and all. All summonses, exceptions, and notices of every kind shall be served on the district by leaving a copy thereof at the principal office with the person in charge thereof or with the secretary of the district;.

(E) Assume any liability or obligation of any person or political subdivision, including a right on the part of such the district to indemnify and save harmless the other contracting party from any loss, cost, or liability by reason of the failure, refusal, neglect, or omission of such the district to perform any agreement assumed by it or to act or discharge any such that obligation;

(F) Make loans and grants to political subdivisions for the acquisition or construction of water resource projects by such those political subdivisions and adopt rules, regulations, and procedures for making such the loans and grants;

(G) Acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair, operate, lease or rent to or from, or contract for operation by or for, a political subdivision or person, water resource projects within or without the district;

(H) Make available the use or service of any water resource project to one or more persons, one or more political subdivisions, or any combination thereof of them;

(I) Levy and collect taxes and special assessments;

(J) Issue bonds and notes and refunding bonds and notes as provided in Chapter 6119. of the Revised Code this chapter;

(K) Acquire by gift or purchase, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under Chapter 6119. of the Revised Code this chapter;

(L) Dispose of, by public or private sale, or lease any real or personal property determined by the board of trustees to be no longer necessary or needed for the operation or purposes of the district;

(M) Acquire, in the name of the district, by purchase or otherwise, on such the terms and in such the manner as that it considers proper, or by the exercise of the right of condemnation in the manner provided by section 6119.11 of the Revised Code, such any public or private lands, including public parks, playgrounds, or reservations, or parts thereof of or rights therein in them, rights-of-way, property, rights, easements, and interests as that it considers necessary for carrying out Chapter 6119. of the Revised Code this chapter, but excluding the acquisition by the exercise of the right of condemnation of any waste water facility or water management facility owned by any person or political subdivision, and compensation. Compensation shall be paid for public or private lands so taken;.

(N) Adopt rules and regulations to protect from depletion augmented flow by the district in waters of the this state, to the extent augmented by a water resource project, from depletion so it the augmented flow will be available for beneficial use,; to provide standards for the withdrawal, from waters of the this state, of the augmented flow created by a water resource project which is and not returned to the waters of the this state so augmented,; and to establish reasonable charges therefor for those actions, if considered necessary by the district;

(O) Make and enter into all contracts and agreements and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers under Chapter 6119. of the Revised Code this chapter;

(P) Enter into contracts with any person or any political subdivision to render services to such the contracting party for any service the district is authorized to provide;

(Q) Make provision for, contract for, or sell any of its by-products or waste;

(R) Exercise the power of eminent domain in the manner provided in Chapter 6119. of the Revised Code this chapter;

(S) Remove or change the location of any fence, building, railroad, canal, or other structure or improvement located in or out of the district, and, in case it is not feasible or economical to move any such that building, structure, or improvement situated in or upon lands required, and if the cost is determined by the board to be less than that of purchase or condemnation, to acquire land and construct, acquire, or install therein or thereon in or upon the land buildings, structures, or improvements similar in purpose, to be exchanged for such the buildings, structures, or improvements under contracts entered into between the their owner thereof and the district;

(T) Receive and accept, from any federal or state agency, grants for or in aid of the construction of any water resource project, and receive and accept aid or contributions from any source of money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which such the grants and contributions are made;

(U) Purchase fire and extended coverage and liability insurance for any water resource project and for the principal office and suboffices of the district, insurance protecting the district and its officers and employees against liability for damage to property or injury to or death of persons arising from its operations, and any other insurance the district may agree to provide under any resolution authorizing its water resource revenue bonds or in any trust agreement securing the same;

(V)(1) Charge, alter, and collect rentals and other charges for the use of services of any water resource project as provided in section 6119.09 of the Revised Code. Such district may refuse the services of any of its projects if any of such rentals or other charges, including penalties for late payment, are not paid by the user thereof, and, if such If any water rentals or other water charges for water supplied by the district to residential property that is not a multifamily residential property for which the water rentals or other water charges are calculated based on a single master meter are not paid when due and upon certification of nonpayment, the board of trustees of the district shall do all of the following in order to certify the unpaid amount as a lien under division (V)(2)(a) of this section:

(a) Promptly send a written notice by ordinary mail to the owner of the property served by the water supply facility after not more than thirty days have elapsed since the water rentals or charges became due. The notice shall contain a statement that the applicable water rentals or charges were not paid when due and shall specify the number of days that have elapsed since the water rentals or charges became due.

(b) Terminate the service to the property for which the water rentals or charges are due after not more than ninety days have elapsed since those rentals or charges first became due, unless the water rentals or charges and any applicable penalties have been paid in full. This division does not preclude the board from terminating service to the property for which the water rentals or charges are due after the expiration of that ninety-day period.

(c) If the meter reading associated with the water rentals or charges indicates water usage that is inordinately high compared to water usage under normal circumstances and the historical water usage at the property, promptly send a written notice to that effect by ordinary mail to the owner of the property served by the water supply facility. As used in this division, "inordinately high" means forty per cent above the historical water usage at the property.

(2) If the water rentals or charges are not paid after the board complies with division (V)(1) of this section or at the expiration of the ninety-day period specified in division (V)(1)(b) of this section if the board does not terminate service to the property within that period, if the water rentals or charges for property to which division (V)(1) of this section does not apply are not paid when due, or if any other rentals or charges for the use of services of any other water resource project of the district are not paid when due, the board may do either of the following:

(a) Certify the unpaid rentals or charges, together with any penalties, to the county auditor, such rentals or other charges constitute of the county where the property served is located. Subject to division (V)(1) of this section if that division is applicable, the board may make a certification under division (V)(2)(a) of this section at any time and as often as necessary to further the collection of any unpaid rentals or charges and any applicable penalties. The board shall send a written notice of each certification to the owner of the property served. If the property served by a water supply facility is residential property, the amount certified under division (V)(2)(a) of this section is any of the following, whichever is applicable:

(i) If the residential property served is individually metered for water usage and the owner of the property served occupies all or part of the property, the certified amount shall be the amount of any unpaid water rentals or charges and any applicable penalties.

(ii) If the residential property served is individually metered for water usage, the owner of the property served does not occupy all or part of the property and is not the party liable to pay the applicable water rentals or charges, and the owner of the property served has provided to the board a copy of a written lease or rental agreement or an affidavit evidencing that the owner of the property served did not occupy all or part of the property served when the water rentals or charges were incurred, the certified amount shall not exceed the amount of the rentals or charges for water service for a three-month period and any applicable penalties.

(iii) If the water rentals or charges are for a multifamily residential property and are calculated based on a single master meter, the certified amount shall be the amount of any unpaid water rentals or charges and any applicable penalties.

The county auditor shall place the certified amount upon the real property tax list and duplicate against the property served by the water supply facility or any other water resource project. The certified amount is a lien upon the property so served, shall be placed by him from the date on which the auditor places it upon the real property tax list and duplicate, and shall be collected in the same manner as other taxes;. The lien shall be released immediately upon payment in full of the certified amount.

(b) Collect the unpaid rentals or charges and any applicable penalties, by actions at law in the name of the district, from an owner, tenant, or other person who is liable for the payment of the rentals or charges.

(W) Provide coverage for its employees under Chapters 145., 4123., and 4141. of the Revised Code;

(X) Merge or combine with any other another regional water and sewer district into a single district, which shall be one of the constituent districts, if two-thirds of the members of each of the two boards consent to the merger or combination, on terms so that the surviving district shall be possessed of possess all rights, capacity, privileges, powers, franchises, and authority of the constituent districts and shall be subject to all the liabilities, obligations, and duties of each of the constituent districts and all any other terms that are agreed upon. All rights of creditors of such those constituent districts shall be preserved unimpaired, limited in lien to the property affected by such any liens immediately prior to the time of the merger and all. All debts, liabilities, and duties of the respective constituent districts shall thereafter attach to the surviving district and may be enforced against it, and such other terms as are agreed upon, provided two-thirds of the members of each of the boards consent to such merger or combination. Such The merger or combination shall become legally effective unless, prior to the ninetieth day following the later of the consents, qualified electors residing in either district equal in number to a majority of the qualified electors voting at the last general election in such the district file with the secretary of the board of trustees of their regional water and sewer district a petition of remonstrance against such the merger or combination. The secretary shall cause the board of elections of the proper county or counties to check the sufficiency of the signatures on such the petition.

(Y) Exercise the powers of the district without obtaining the consent of any other political subdivision, provided that all public or private property damaged or destroyed in carrying out the powers of the district shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor by the district;

(Z) Require the owner of any premises located within the district to connect his the owner's premises to a water resource project determined to be accessible to such the premises and found to require such the connection so as to prevent or abate pollution or protect the health and property of persons in the district. Such The connection shall be made in accordance with procedures established by the board of trustees of such the district and pursuant to such the orders as that the board may find necessary to ensure and enforce compliance with such the procedures;.

(AA) Do all acts necessary or proper to carry out the powers granted in Chapter 6119. of the Revised Code this chapter.

Section 2.  That existing sections 735.29, 743.04, 5321.03, 6103.02, and 6119.06 of the Revised Code are hereby repealed.