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#37-06
PASSED 10/10/06
COMMITTEE REVIEW:
SERVICE MAINTENANCE
INTRODUCED BY:
COUNCILMEMBER HARP
INTRODUCED ON:

OCTOBER 10 , 2006

DATE OF FIRST READING:
OCTOBER 10 , 2006
DATE OF SECOND READING:
 
DATE OF THIRD READING:
 
EMERGENCY CLAUSE:
YES/NO
TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:
YES/NO

AN ORDINANCE AMENDING THE REGULATIONS OF THE DIVISION OF WATER AND SEWER FOR THE DEPARTMENT OF PUBLIC SAFETY OF THE MUNICIPALITY OF SEBRING, OHIO; AND DECLARING AN EMERGENCY

WHEREAS, the regulations of the Water and Sewer Division of the Village of Sebring were promulgated for the administration and effective functioning of the water and sewer utilities provided by the Municipality of Sebring; and

WHEREAS, from time to time the water and sewer regulations have been amended by Village Council; and

WHEREAS, Council desires to amend the water and sewer regulations to provide for the effective administration of the water and sewer utilities provided by the Village of Sebring.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF SEBRING, MAHONING COUNTY, OHIO, AS FOLLOWS:

Section 1.         That Chapter 3B-Status at Property Sales; application, subsection d is hereby amended as follows:

            d)  Penalties for Non-Payment.  If any consumer refuses or neglects to pay an delinquent water and/or sewer bill including the collection charge thereon if any, the water and/or sewer service shall be turned off without further notice and not turned on again until all charges due and payable have been paid in full.  If payment is made prior to 3:00 p.m. after the water and/or sewer service has been shut off for non-payment, service shall be restored the same day.  If payment is received after 3:00 p.m. after service has been shut off for non-payment, service shall be restored on the next business day.  Customers who wish to have their water and/or sewer restored prior to the next business day must pay an additional service charge which shall be based upon the hourly wage of the employee on call.  The provisions of this section shall apply whether or not there has been a change of ownership or possession of the premises supplied by water and/or sewer service.  Except in cases of bankruptcy or foreclosure proceedings, no water and/or sewer service shall be restored to a premises unless and until all past due amounts relating to the water and/or sewer service to that premises has been paid in full to the Municipality.

Section 2.         That the Sebring Codified Ordinances Section 933.10(d) is hereby amended exactly as set forth above.

Section 3.         That all other provisions of the Regulations of the Division of Water and Sewer Department of Public Service for the Municipality of Sebring, Ohio 2004 which are not specifically amended herein shall remain in full force and effect.  Any former provisions of the Regulations of the Division of Water and Sewer of the Department of Public Safety for the Municipality of Sebring, Ohio 2004 which are contrary to the amendment set forth herein are hereby repealed.

Section 4.         Any provision of the Sebring Codified Ordinances Section 933.10 which is not specifically modified herein shall remain in full force and effect.  Any former provision of Section 933.10 which is contrary to the amendment set forth herein shall be repealed.

Section 5.         That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

Section 6.         That this Ordinance is hereby determined to be an EMERGENCY MEASURE, necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Village of Sebring, Ohio and for the further reason that it is necessary for the effective and efficient administration of the Water and Sewer Regulations.

 

_____________________________
JOHN W. SMITH
Mayor/President of Council

   
ATTEST: APPROVED AS TO LEGAL FORM:
   
_________________________
Malea G. Sanor
Clerk of Council
_________________________
Andrew L. Zumbar
Assistant Solicitor