1044.01 USER CHARGES1044.02 CONNECTION CHARGES1044.03 TAP-IN CHARGES AND RATES FOR NEW ALLOTMENTS (REPEALED)1044.04 EFFECTIVE DATE; PAYMENT METHOD (REPEALED)1044.05 ZERO PERCENT INTEREST FOR TAP-IN FEES FOR RESIDENTIAL PROPERTY OWNERS (REPEALED)1044.06 RESPONSIBILITY FOR BILLS UPON SALE OF PROPERTY1044.07 STORM AND SANITARY SEWER LINE COSTS (REPEALED)1044.99 PENALTY
CROSS REFERENCES
Power to construct sewerage system - see Ohio R.C. 715.40, 717.01
Compulsory sewer connections - see Ohio R.C. 729.06
Management and control of sewerage system - see Ohio R.C. 729.50
Regulations to control house sewers and connections - see Ohio R.C. 729.51
Public Utilities Department - see ADM. 242.04
Division of Sewage and Water - see ADM. 242.05(b)(5)
Dumping into storm sewers - see GEN. OFF. 660.18
Sewers generally - see S.U. & P.S. Ch. 1040
French Creek Sewer District Regulations - see S.U. & P.S. Ch. 1042
Sewers in subdivisions - see P. & Z. 1226.02, 1228.02
Sewer system design in flood hazard areas - see B. & H. 1464.04(b)
Use of ABC and PVC pipes and fittings for sewer line installation - see B. & H. 1468.06
- Definitions. As used in this section:
- "Acceptable industrial wastes" means liquid organic waste materials not containing toxic or explosive elements or other substances injurious to sewers or sewage treatment processes, which result from any commercial, manufacturing or industrial operation or process.
- "French Creek Facilities" means the wastewater collection and treatment facilities acquired by the City from the Ohio Water Development Authority (OWDA) in 1983.
- "Nonacceptable industrial wastes" means liquid wastes in which are incorporated minerals, oils, acids or toxic metallic or chemical substances, resulting from any commercial, manufacturing or industrial operation or process.
- "North Ridgeville Collection Facilities" means all wastewater collection and treatment facilities of the system, other than the French Creek Facilities.
- "Sanitary sewage" means sanitary sewage as defined in Section 1042.03.
- "Standard strength sewage" means the same as defined in Section 1042.03.
- "System" means the sanitary sewer system owned and operated by the City, including the French Creek Facilities and the North Ridgeville Collection Facilities.
- Declaration of Necessity of System and Charges. It is determined and declared to be necessary for the protection of the health, safety and welfare of the City and its inhabitants to operate the sanitary sewerage system of the City, as it exists or as it is enlarged or improved, as a public utility, and to establish and collect charges for the use of that system.
- Sewer Revenue Fund and Accounts Established; Use of Moneys. The moneys received from the collection of the charges provided for in this section shall be deposited as received with the Treasurer, who shall retain them in a separate fund designated the Sewer Revenue Fund. There are hereby established in the Sewer Revenue Fund the following accounts: the French Creek Facilities Account and the North Ridgeville Collection Facilities Account. The moneys in the French Creek Facilities Account shall be used for the payment of the cost and expense of the operation, maintenance, repair and management of the French Creek Facilities, including improvements, enlargements or replacements of those Facilities and the payment of debt charges on obligations of the City incurred to pay costs of acquiring or constructing those Facilities and such improvements, enlargements or replacements thereto. The moneys in the North Ridgeville Collection Facilities Account shall be used for the payment of the cost and expense of operation, maintenance, repair and management of the North Ridgeville Collection Facilities, including improvements, enlargements or replacements of those Facilities and the payment of debt charges on obligations of the City incurred to pay costs of acquiring or constructing those Facilities and such improvements, enlargements or replacements thereto, or for any other proper purpose of the System. Moneys received from charges to municipal master meter users, including the portion of the charges to residential, commercial and industrial users within the City levied and assessed to provide moneys to pay the user charges to the City as a municipal master meter user, shall be credited to the French Creek Facilities Account. The balance of the moneys received from the charges shall be credited to the North Ridgeville Collection Facilities Account.
- Charges.
- Classification of Users. For purposes of this section, the users of the sewer system shall be classified as follows:
- "City of Elyria Wastewater Treatment Plant Facilities and Collection System users" shall include all users in the City who discharge directly or indirectly into the City of Elyria Wastewater Treatment Plant and Collection System Facilities.
- "Commercial users" shall include all nonresidential users in the City who are not industrial users or municipal master users. Examples of commercial users are, without limitation, hotels, motels, stores, offices, churches, schools and hospitals.
- "Industrial users" shall include all users in the City who discharge into the system wastes resulting from the processes employed in industry or manufacturing or from the development of any natural resource.
- "Municipal master meter users" shall include all municipalities discharging sanitary sewage, industrial wastes, water or other liquids from any municipal, residential, commercial or industrial users in their communities, directly or indirectly, into the French Creek Facilities. At present, the City, the City of Avon and the Village of Sheffield are the only municipal master meter users.
- "Residential users" shall include all single or multiple unit residential users in the City who produce domestic-type waste water only. A residence which includes a commercial establishment shall be considered a residential user if the wastewater produced is primarily domestic in nature and the flow contributed by the commercial activities of the establishment is a secondary flow of the sewer connection and does not exceed the standards for standard strength sewage.
- Applicable Rates and Charges. In order to pay the costs of operating, maintaining, repairing and managing the system, including improvements, enlargements or replacements thereof, and debt charges on obligations of the City incurred to pay costs of acquiring or constructing the system and improvements, enlargements or replacements thereof, there are hereby assessed on each municipal master meter user of the system and levied and assessed on each lot, parcel of land, building or premises inside the corporate limits of the City having a sewer connection to the system or otherwise discharging sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the system, sewer user rates and charges as follows, effective April 1, 1992:
- Municipal Master Meter Users. All municipal master meter users shall be assessed monthly sewer user charges, based on their metered wastewater flow into the French Creek Facilities, at the rate of one dollar and seventy-eight cents ($1.78) per 100 cubic feet. These charges to municipal master meter users are intended to provide moneys needed to pay all costs of operating, maintaining, managing and repairing the French Creek Facilities (being the portion of the system used jointly by the municipal master meter user), including replacements, improvements and enlargements thereof, and debt charges on obligations of the City incurred to pay costs of acquiring, improving, replacing and enlarging the French Creek Facilities. Accordingly, a municipal master meter user will receive a credit against its monthly sewer user charges for all amounts paid or deposited by the user into the City's Bond Retirement Fund for payment of debt charges on general obligation bonds or bond anticipation notes issued by the City to pay costs of acquiring, improving, replacing or enlarging the French Creek Facilities.
While these rates and charges shall be reviewed and revised by Council from time to time, the sewer collection system rates shall be made automatically when the wholesale rates increase/decrease. - Residential and Commercial Users. All residential users and commercial users connected to the system or otherwise discharging sanitary sewage, water or other liquids into the system, shall pay monthly sewer user charges, consisting of a base charge and a volume charge, determined as follows:
- Base Charge. Each residential user and commercial user shall pay a monthly base charge of nine dollars ($9.00).
- Volume Charge. Each residential user and commercial user shall pay a monthly volume charge based on the amount of water consumed on the user's premises as shown by water meter readings or, for users not served by a metered public water supply, as estimated by the Safety-Service Director using standard engineering factors and consideration of use on similar premises and the following rates:
- For residential users: six dollars and twenty cents ($6.20) per 100 cubic feet.
- For commercial users: six dollars and fifty cents ($6.50) per 100 cubic feet.
- Industrial Users. All industrial users connected to the system or otherwise discharging sanitary sewage, water or other liquids into the system, shall pay an annual industrial waste surveillance charge of one thousand two hundred dollars ($1,200) and monthly sewer user charges, consisting of a base charge, a volume charge and a strength at surcharge, determined as follows:
- Base Charge. Each industrial user shall pay a monthly base charge of nine dollars ($9.00).
- Volume Charge. Each industrial user shall pay a monthly volume charge based on the amount of water consumed on the user's premises as shown by water meter readings or, if elected by the user and approved by the Safety-Service Director, the amount of wastewater discharged into the system as shown by sewer flow meter readings and the following respective rates: three dollars and thirty-five cents ($3.35) per 100 cubic feet of water consumed and six dollars and thirty cents ($6.30) per 100 cubic feet of wastewater discharged.
- Strength Surcharge. Each industrial user shall pay a monthly strength surcharge based on the pounds of chemical oxygen demand (COD), biological oxygen demand (BOD), suspended solids and phosphorous as follows:
- BOD: thirty-eight dollars and sixty-two cents ($38.62) per 100 pounds of excess over the maximum standard strength sewage amount.
- COD: thirty-eight dollars and sixty-two cents ($38.62) per 100 pounds of excess over the maximum standard strength sewage amount.
- Suspended solids: five dollars and seventy cents ($5.70) per 100 pounds of excess over the maximum standard strength sewage amount.
- Phosphorous: one hundred fifty-two dollars and sixteen cents ($152.16) per 100 pounds of excess over the maximum standard strength sewage amount.
- City of Elyria Wastewater Treatment Plant Facilities and Collection System Users. All residential users and commercial users connected to the City of Elyria Wastewater Treatment Plant Facilities and Collection System shall pay monthly sewer user charges at the rate charged to the City for such service, plus ten percent.
- French Creek WWTP IPT Surcharge Increase.
Item
| Parameters
| Current cost (2009-2010)
| Proposed 6% Increase
|
1 | Suspended Solids SS
| 0.063 $/lb over 250 mg/l
| 0.0667 $/lb over 250 mg/l
|
2 | BOD5
| 0.4248 $/lb over 200 mg/l
| 0.4502 $/lb over 200 mg/l
|
3 | COD = 2 BOD
| 0.4248 $/lb over 400 mg/l
| 0.4502 $/lb over 400 mg/l
|
4 | Ammonia
| 1.674 $/lb over 15 mg/l
| 1.774 $/lb over 15 mg/l
|
5 | Oil & Grease
| 100 mg/l No surcharge
| 100 mg/l No surcharge
|
6 | Phosphorous
| 1.674 $/lb over 10 mg/l
| 1.774 $/lb over 10 mg/l
|
These charges to residential users, commercial users, industrial users and users of the City of Elyria Wastewater Treatment Plant Facilities are intended to provide moneys needed to pay the sewer user charges assessed to the City as a municipal master meter user under paragraph (d)(2)A. hereof (after allowing for any credit received by the City for moneys deposited in the Bond Retirement Fund to pay debt charges on general obligation bonds or bond anticipation notes issued to pay costs of acquiring, improving, replacing or enlarging the French Creek Facilities), and also to provide moneys needed to pay costs of operating, maintaining, managing and repairing the North Ridgeville Collection Facilities, including replacements, improvements and enlargements thereof, and debt charges on obligations of the City incurred to pay costs of acquiring, improving, replacing and enlarging the North Ridgeville Collection Facilities and other proper expenses of the system. Such charges shall be reviewed and revised by Council from time to time as it deems advisable or required for the purpose intended.
- Late Payment Service Charges. If payment of a sewer user charge assessed under this section is not made on or before the due date specified on the bill, a ten percent service charge shall be added to the amount due, and an additional one percent service charge shall be added to the amount due for each month thereafter that the charge remains unpaid.
- Billing; Surcharges.
- Bills for the charges established by subsection (d) hereof shall be rendered monthly.
- Any premises making connection to the system and using the same after the first day of any calendar month shall be charged for that month a per diem charge based upon the monthly charges.
- Payments. The charges provided for in this section shall be payable at such office as the Safety-Service Director shall designate.
- Charges as Liens; Failure to Pay; Collection. At least once a year, but sooner if warranted, all delinquent sewer accounts shall be collected utilizing the procedures outlined in Chapter 215, Lien Procedures.
- Promulgation of Rules and Regulations by Safety-Service Director. The Safety-Service Director shall make and enforce such rules and regulations as he or she may deem necessary for the enforcement of the provisions of this section, for the proper determination and collection of the rates and charges herein provided, and for the safe, efficient and economical management of the system. Such rules and regulations, when not repugnant to existing ordinances of the City or laws of the State, shall have the same force and effect as ordinances of Council.
- Leased Lots; Liability of Lessor and Lessee. In the case of leased lots, parcels of land or premises having a connection with the system, the lessor and lessee shall both be liable for the payment of the charges provided by this section, and the City may proceed to collect such charges from either the lessor or the lessee or it may certify delinquent charges to the County Auditor as provided in subsection (h) hereof. (Ord. 2601-91. Passed 12-2-91; Ord. 2606-91. Passed 12-23-91; Ord. 2644-92. Passed 5-18-92; Ord. 2892-94. Passed 8-15-94; Ord. 2893-94. Passed 8-17-94; Ord. 3485-99. Passed 8-30-99; Ord. 4508-2008. Passed 2-19-08; Ord. 4638-2009. Passed 3-16-09; Ord. 4770-2010. Passed 8-2-10; Ord. 4820-2011. Passed 2-22-11; Ord. 4841-2011. Passed 5-2-11; Ord. 5017-2013. Passed 3-18-13; Ord. 5152-2014. Passed 7-7-14; Ord. 5757-2020. Passed 7-20-20; Ord. 5900-2022. Passed 1-18-22.)
- Credit for Filling of Swimming Pools. All persons using City water for the purpose of filling swimming pools shall be entitled to proportionate credit on their sewer charges so long as:
- The swimming pool is at least four feet in height; and
- The water used is at least eighty percent of the volume needed to fill such swimming pool. (Ord. 2118-86. Passed 10-20-86.)
- Billing Corrections. Where it is determined that sewer consumption has not been appropriately calculated and billed, other than intentional negligence or tampering, correction of the billing may only be calculated for one year prior to detection of the problem, whether the correction benefits the City or the consumer.
(Ord. 5928-2022. Passed 3-21-22.)
- For the purposes of this section and the effective application and enforcement thereof, the following terms as used herein shall by deemed to have the meanings indicated:
- "City" means the City of North Ridgeville, Ohio.
- "Connection" means the direct or indirect connection of any service sewer to the system.
- "Connection charge" means the fee to be collected by the City for a connection to the system.
- "Industrial wastes" means water-carried and liquid wastes from industrial or commercial processes, as distinct from sanitary sewage.
- "Intercepting or trunk sewer" means those sections of the system greater than twelve inches in size that intercept sewage and wastes from other intercepting or trunk sewers or lateral sewers and that transport such sewage and wastes to the wastewater treatment plant, provided that the intercepting sewer acquired by the City from the Ohio Water Development Authority with the wastewater treatment plant shall, for purposes of this section, be considered to be a part of that plant and not an intercepting or trunk sewer.
- "Lateral sewers" means those sections of the system, twelve inches or less in size, that are designed and constructed to collect sewage and wastes from service sewers and that transport such sewage and wastes to the intercepting or trunk sewers, such sewers providing local service.
- "Mayor" means the duly elected Mayor of the City.
- "Permit" means the permission granted by the Safety-Service Director for a residence, apartment, hotel, motel, business building or property, institution or industrial establishment to connect to a public sewer of the system for the purpose of discharging sewage or waste.
- "Public sewer" means a sewer in which all owners of abutting properties have equal rights and which is owned or controlled by the City.
- "Safety-Service Director" means the duly appointed Safety-Service Director of the City or his or her designated representative.
- "Sanitary sewage" means sewage discharging from the sanitary conveniences of residences, apartments, hotels, motels, business buildings or properties, institutions and industrial establishments, and free from ground, storm and surface water and industrial wastes.
- "Service sewers" means private sewers that collect sewage and wastes from residences, apartments, hotels, motels, business buildings or properties, institutions and industrial establishments, and that transport such sewage and wastes to the lateral sewers or directly to the intercepting or trunk sewers.
- "Sewage" and "waste" means the water-carried wastes from residences, apartments, hotels, motels, business buildings or properties, institutions and industrial establishments, singularly or in any combination, together with such ground, surface and storm water as may be present.
- "Sewer connection" means the Y-branch or sewer stack device used for making the connection of service sewers to the system.
- "System" means the City's sewerage and waste water treatment works, being all of the City's facilities for collecting, pumping, treating and disposing of sewage and waste. (Ord. 4232-2006. Passed 3-8-06.)
- “Water Meter Size” means the diameter of the discharge side of the device used to measure the volume of water usage for a building or structure. (Ord. 4672-2009. Passed 7-20-09.)
- No person, corporation, public agency, partnership or association whatsoever shall connect or cause or permit to be connected any building or other structure, either directly or indirectly, to the system for the purpose of discharging sanitary sewage or industrial waste without first securing from the Safety-Service Director a permit as provided for in Section 1040.05 and paying the connection charge provided for in subsection (c) hereof, and any applicable additional connection charges determined in accordance with the other provisions of this section. (Ord. 4430-2007. Passed 7-2-07.)
- The Safety-Service Director or his/her designee shall not issue a permit until the applicant therefor shall have paid a charge of one hundred dollars ($100.00) and any additional charges required by this section. The one hundred dollar ($100.00) charge is based upon the Engineering News Record - 90 Cities Average Construction Cost Index of 6000, and is to be adjusted to such Index as of the date which is nearest to the date of application of such tap-in. The adjustment is determined by multiplying one hundred dollars ($100.00) by the Engineering News Record - 90 Cities Average Construction Cost Index, as of the date nearest the date of application for the permit, and dividing the resultant product by 6,000. Such charge is intended to reimburse the City for the reasonable expenses of inspection and other administrative costs relating to the issuing of the permit and the making of connections to the system. Nor shall the Safety-Service Director or his/her designee issue a permit for an increased use or for a change of use requiring a larger water meter size until the applicant shall have paid a charge of fifty dollars ($50.00). Such charge is intended to reimburse the City for the reasonable administrative costs related to the issuing of the permit.
- Where a connection is to be made directly or indirectly to the system, the Safety Service Director or his/her designee shall not issue a permit until the applicant therefor shall have paid, in addition to the applicable charges specified in subsection (c) hereof, a connection charge based on the water meter size listed in the table below:
Water Meter Size
| System Connection Charge (applies to new connections within the City of North Ridgeville)
|
5/8"
| $4,395
|
3/4"
| $4,395
|
1"
| $9,391
|
1-1/2"
| $18,783
|
2" | $30,053
|
3" | $60,106
|
4" | $93,916
|
6" | $187,831
|
8" | $300,529
|
Where applicable, the Safety Service Director or his/her designee shall not issue an increased use or increase change of use permit requiring a larger water meter size until the applicant shall have paid the charge listed in the table above for the new water meter size less the charge listed in the table above for the existing water meter size. (Ord. 4672-2009. Passed 7-20-09.)
The charges listed in the table above shall be increased at the beginning of each calendar year based upon the Engineering New Record - 20 Cities Construction Cost Percent Increase for the previous year. (Ord. 4714-2010. Passed 1-4-10.)
- The system connection charge in Section 1044.02(d) above is based on a lateral sewer charge of 0.46 of the total charge and an interceptor sewer charge of 0.54 of the total charge. Where a connection is to be made directly into a lateral sewer that was constructed without cost to the City, the Safety-Service Director or his/her designee shall reduce the charge in Section 1044.02(d) by 0.46 times the total charge.
- The Mayor, with Council approval of a simple majority of City Council, may either waive or reduce the 0.54 interceptor charge required in Section 1044.02(d) in instances where the City Engineer has certified in writing that the developer or landowner has constructed the interceptor necessary to serve the subject area, or has contributed substantially to the construction cost of same to the clear benefit of the City.
- Where a connection is to be made directly or indirectly to the system and the property to be connected will be served by the Wastewater Treatment Plant, the Safety Service Director or his/her designee shall not issue a permit until the applicant therefor shall have paid, in addition to the applicable charges specified in subsections (c) and (d) hereof, a connection charge based on the water meter size listed in the table below:
Water Meter Size
| System Connection Charge for the Wastewater Treatment Plant (applies to new connections in North Ridgeville)
| System Connection Charge for the Wastewater Treatment Plant (applies to new connections in Avon and Sheffield Village)
|
5/8" | $1,860
| $1,860
|
3/4" | $1,860
| $1,860
|
1" | $3,318
| $3,318
|
1-1/2" | $6,634
| $6,634
|
2" | $10,615
| $10,615
|
3" | $21,229
| $21,229
|
4" | $33,171
| $33,171
|
6" | $66,342
| $66,342
|
8" | $106,146
| $106,146
|
Where applicable, the Safety Service Director or his/her designee shall not issue an increased use or increased change of use permit requiring a larger water meter size until the applicant shall have paid the charge listed in the table above for the new water meter size less the charge listed in the table above for the existing water meter size. (Ord. 4672-2009. Passed 7-20-09.)
The charges listed in the table above shall be increased at the beginning of each calendar year based upon the Engineering New Record - 20 Cities Construction Cost Percent Increase for the previous year. (Ord. 4717-2010. Passed 1-4-10.)
- (EDITOR’S NOTE: Former subsection (g) hereof was repealed by Ordinance 4672-2009, passed July 20, 2009.)
- The aggregate connection charge provided for subsection (c) through (f) hereof shall be due and payable in cash, by certified check or by personal check unless dishonored payable to the City at the time the permit is applied for.
An applicant may elect, in the alternative, to have the connection charge, without any additional interest charge, certified to the County Auditor, who shall place the same upon the property tax list and duplicate against the property served by the connection, and such charge, plus an additional interest charge in the amount of three percent (3%) of the total aggregate connection charge due shall be a lien on such property from the date the same is placed upon the property tax list and duplicate by the County Auditor and shall be collected in the manner of taxes in ten equal annual (twenty semi-annual) installments. Failure of any applicant to deliver full payment of the connection charge within thirty (30) days of the application shall be deemed an election by the applicant to have the remaining balance due of the connection charge (the total charge less any initial payment received by the City prior to the expiration of the 30 day period) certified to the County Auditor and collected in the manner of tax pursuant to the terms of this section. All such connection charges shall be placed in the Sewer Revenue Fund of the City.
The enactment of this legislation shall not void or cancel any installment plan established for the payment of connection charges made pursuant to previous ordinance, and the same shall remain in full effect. Any user of the System who is paying a connection charge to the City via a previously established installment plan shall have the option to apply to the City for conversion of the installment plan into an assessment collected in the same manner as taxes as provided in this section. Upon request by the user, the amount due the City in connection charges, including principal, interest and any late fees accrued shall be certified to the County Auditor and placed upon the tax duplicate and collected in the manner described above in this section. (Ord. 4717-2010. Passed 1-19-10.)
- If any connection charge or installment is not paid when due, the amount thereof or the amount of any unpaid balance, plus accumulated default interest at the rate of eight percent per year from the date of default, shall be certified to the County Auditor, who shall place the same upon the property tax list and duplicate against the property served by the connection, and such charge shall be a lien on such property from the date the same is placed upon the property tax list and duplicate by the County Auditor and shall be collected in the same manner as taxes. In addition to this procedure, and not in lieu thereof, the Safety-Service Director may direct that the water service, if any, to the real property, subject to the aggregate connection charge, may be terminated until such time as all arrearages upon the aggregate connection charge is paid in full. The costs of disconnection and reconnection of water service shall be charged to the property owner in accordance with these Codified Ordinances.
- In the event the Safety-Service Director shall ascertain that any property has been connected directly or indirectly to the system in violation of the provisions of this section, the Safety-Service Director shall have the same disconnected until such violation shall cease. In addition to the penalty provided in Section 1044.99, the City shall be reimbursed by the violator for expenses incurred by the City in making such disconnection or any reconnection. (Ord. 3591-00. Passed 6-19-00; Ord. 3651-01. Passed 2-20-01; Ord. 3676-01. Passed 4-16-01; Ord. 3711-01. Passed 7-24-01; Ord. 3757-02. Passed 1-7-02; Ord. 3790-02. Passed 4-15-02; Ord. 3806-02. Passed 6-3-02; Ord. 3944-03. Passed 9-2-03; Ord. 4203-2005. Passed 11-21-05.)
- Zero Percent Interest for Tap-In Fees for Residential Property Owners. (EDITOR’S NOTE: Former subsection (k) hereof was repealed by Ordinance 4717-2010.)
(EDITOR'S NOTE: Section 1044.03 was repealed by Ordinance 3591-00, passed June 19, 2000.)
(EDITOR'S NOTE: Section 1044.04 was repealed by Ordinance 3591-00, passed June 19, 2000.)
(EDITOR'S NOTE: Section 1044.05 was repealed by Ordinance 3591-00, passed June 19, 2000.)
- Status Statement Required Prior to Property Sale. No person, agent, firm or corporation shall sell, by deed, land contract or otherwise, any interest in any real property located within the corporate limits of the City which is provided with sewer service by the Public Utilities Department without first furnishing the purchaser, prior to such sale of such real property, a statement from the Public Utilities Department, setting forth the current status of the sewer account of such real property, and, when an escrow has been established, depositing in such escrow prior to delivery of possession or transfer of title, a statement from the purchaser acknowledging the receipt of this document and accepting responsibility for all future bills in accordance with these Codified Ordinances.
- Compliance by Escrow Agent. No person, agent, firm or corporation, acting in the capacity of an escrow agent in any real property transaction involving the sale of any real property located within the corporate limits of the City, which is serviced or supplied with sewer service by the Public Utilities Department, shall disburse any funds unless the provisions of subsection (a) hereof have been complied with and met.
- Rights of Purchaser. Conviction under any provision of this section shall not be a bar to the rights of the purchaser of real property to recover, by civil suit, from either the previous owner, seller, real estate agent or escrow agent, the amounts of money due for sewer service supplied by the Public Utilities Department to the previous owner or seller and paid for by the purchaser.
(Ord. 849-73. Passed 5-7-73.)
(EDITOR'S NOTE: Section 1044.07 was repealed by Ordinance 3591-00, passed June 19, 2000.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.