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S. B. No. 325 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Smith, Seitz
A BILL
To amend sections 743.04 and 6103.02 of the Revised
Code regarding property liens for unpaid county or
municipal water service charges.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 743.04 and 6103.02 of the Revised
Code be amended to read as follows:
Sec. 743.04. 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 manner as he
the director, other official, or it
body determines to be most
equitable from all tenements and premises supplied with water.
When water rents or charges are not paid when due, the director or
other official or body may do either or both of the following:
(A) Certify them, together with any penalties, to the county
auditor. 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 the auditor also receives from the
director or other official or body additional certification that
the of both of the following:
(1) The unpaid rents or charges have arisen pursuant to a
service contract made directly with an owner who occupies the
property served;
(2) One of the following:
(a) The property has not been sold to a new owner after the
date the unpaid water rents or charges became due.
(b) The property has been sold since the date the unpaid
water rents or charges became due, and neither party to the most
recent sale, either directly or through their agents:
(i) Made a timely request for a final bill to be rendered for
all outstanding rents or charges for water service under division
(B) of this section; or
(ii) Paid the outstanding rents or charges on the final bill
for water service rendered under division (B) of this section.
The amount placed on the tax list and duplicate shall be a
lien on the property served from the date placed on the 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 amount
when separately tendered as payment for the full amount of such
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) Collect them by actions at law, in the name of the city
from an owner, tenant, or other person who is liable to pay the
rents or charges.
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
resolution of billing disputes.
When property to which water service is provided is about to
be sold, any party to the sale or his the agent of any such 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 request
shall be made at least fourteen days prior to the transfer of the
title of such property.
At any time prior to a certification under division (A) 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. 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 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 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.
A board may establish discounted rates or charges or may
establish another mechanism for providing a reduction in rates or
charges for persons who are sixty-five years of age or older. The
board shall establish eligibility requirements for such discounted
or reduced rates or charges, including a requirement that a person
be eligible for the homestead exemption or qualify as a low- and
moderate-income person.
(G) When any rates or charges are not paid when due, the
board may do any or all of the following:
(1) Certify the unpaid rates or charges, together with any
penalties, to the county auditor. The county auditor shall place
the certified amount upon on the real property tax list and
duplicate against the property served by the connection if the
auditor also receives from the board additional certification of
one of the following:
(a) The property has not been sold to a new owner after the
date the unpaid water rates or charges became due.
(b) The property has been sold since the date the unpaid
water rates or charges became due, and neither party to the most
recent sale, either directly or through their agents:
(i) Made a timely request for a final bill to be rendered for
all outstanding rates or charges for water service under division
(G)(4) of this section; or
(ii) Paid the outstanding rates or charges on the final bill
rendered under division (G)(4) of this section. The
The certified amount shall be a lien on the property from the
date placed 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 rates or
charges and associated penalties. The lien shall be released
immediately upon payment in full of the certified amount.
(2) Collect the unpaid 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) Terminate, in accordance with 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) 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.
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.
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.
When property to which water service is provided is about to
be sold, any party to the sale or an agent of a 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.
At any time prior to a certification under division (G)(1) of
this section, the board shall accept any partial payment of unpaid
water rates or charges in the amount of ten dollars or more.
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 shall 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)
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.
Section 2. That existing sections 743.04 and 6103.02 of the
Revised Code are hereby repealed.
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