HB 92 — Regards unpaid water, sewer, and trash charges at rented property

As ReportedPassed by the House Local Government Committee 136th General Assembly Regular Session Sub.

Representatives Claggett, Dean, Ray, Fowler Arthur, SchmidtSchmidt, Barhorst, Click, Daniels, Deeter, Demetriou, Fischer, Gross, Hiner, King, Lear, Lorenz, Mathews, A., Plummer, Robb Blasdel, Rogers, Thomas, D., Williams, Willis To amend sections 729.49, 735.29, and 743.04 and to 1 enact sections 743.51, 743.52, 743.53, and 2 743.54 of the Revised Code regarding unpaid 3 municipal utility services.

The legislative authority may change such 18 ratesSub. or charges from time to time as is deemed advisable.

The 19 legislative authority of a municipal corporation operating under 20 Sub.

92 Page 2 As ReportedPassed by the House Local Government Committee a charter may establish such schedule of rates and provide for 21 its administration by designating the department or officercharges tofrom 22time be charged with the enforcement of sections 729.49 to 729.52,time 23as inclusive,is ofdeemed theadvisable. Revised Code.

The 19 legislative authority of a municipal corporation operating under 20 a charter may establish such schedule of rates and provide for 21 its administration by designating the department or officer to 22 be charged with the enforcement of sections 729.49 to 729.52, 23 inclusive, of the Revised Code.

These bylaws and rules, when not repugnant to 46 municipal ordinances or to the constitution or laws of this 47 state,Sub. shall have the same validity as ordinances.

48 For the purpose of paying the expenses of conducting and 49 Sub.

92 Page 3 As ReportedPassed by the House Localstate, Governmentshall Committeehave managing such waterworks, plants, and public utilities or of 50 making necessary additions thereto and extensions and repairs 51 thereon, the boardsame mayvalidity assess a water rent or charge, or a 52 light, power, gas, or utility rent, of sufficient amount, and in 53 such manner as itordinances. determines to be most equitable, upon all 54 tenements and premises supplied therewith.

48 For the purpose of paying the expenses of conducting and 49 managing such waterworks, plants, and public utilities or of 50 making necessary additions thereto and extensions and repairs 51 thereon, the board may assess a water rent or charge, or a 52 light, power, gas, or utility rent, of sufficient amount, and in 53 such manner as it determines to be most equitable, upon all 54 tenements and premises supplied therewith.

Any amounts collected by the county 77 treasurerSub. under this division shall be placed for immediate 78 distribution to the village, in the appropriate distinct fund 79 established for water rents and charges.

80 Sub.

92 Page 4 As ReportedPassed by the House Localtreasurer Governmentunder Committeethis Thedivision board shall notbe certifyplaced to the county auditor for 81immediate placement78 upondistribution theto tax list and duplicate and the countyvillage, auditorin 82 shall not place upon the taxappropriate listdistinct andfund duplicate79 asestablished afor charge 83 against the property the amount of any unpaid water rents orand 84charges. charges together with any penalties as described in division (A) 85 of this section if either of the following apply:

80 The board shall not certify to the county auditor for 81 placement upon the tax list and duplicate and the county auditor 82 shall not place upon the tax list and duplicate as a charge 83 against the property the amount of any unpaid water rents or 84 charges together with any penalties as described in division (A) 85 of this section if either of the following apply:

102 Each board that assesses water rents or charges shall 103 determine the actual amount of rents due based upon an actual 104 reading of each customer's meter at least once in each three- 105 month period, and at least quarterly the board shall render a 106 billSub. for the actual amount shown by the meter reading to be due, 107 except estimated bills may be rendered if access to a customer's 108 meter was unobtainable for a timely reading.

Each board that 109 Sub.

92 Page 5 As ReportedPassed by the House Localbill Governmentfor Committeethe assessesactual wateramount rentsshown orby chargesthe shallmeter establishreading proceduresto 110be providingdue, fair107 andexcept reasonableestimated opportunitybills formay resolutionbe ofrendered 111if billingaccess disputes.to a customer's 108 meter was unobtainable for a timely reading.

Each board that 109 assesses water rents or charges shall establish procedures 110 providing fair and reasonable opportunity for resolution of 111 billing disputes.

135 (a)Sub. Certify them, together with any penalties, to the 136 county auditor.

The county auditor shall place the certified 137 amount on the real property tax list and duplicate against the 138 Sub.

92 Page 6 As ReportedPassed by the House Local(a) GovernmentCertify Committeethem, propertytogether servedwith byany thepenalties, connection if the auditor also receives 139 from the director or other official or body additional 140 certification that the unpaid rents or charges have arisen 141 pursuant to a service contract made directly with an owner who 142 occupies the property136 served.county auditor.

The county auditor shall place the certified 137 amount on the real property tax list and duplicate against the 138 property served by the connection if the auditor also receives 139 from the director or other official or body additional 140 certification that the unpaid rents or charges have arisen 141 pursuant to a service contract made directly with an owner who 142 occupies the property served.

164 (a) The property served by the connection has been 165 transferred or sold to an electing subdivision as defined in 166 section 5722.01 of the Revised Code, regardless of whether the 167 electing subdivision is still the owner of the property, and the 168 Sub.

92 Page 7 As ReportedPassed by the House Localtransferred Governmentor Committeesold to an electing subdivision as defined in 166 section 5722.01 of the Revised Code, regardless of whether the 167 electing subdivision is still the owner of the property, and the 168 unpaid water rents or charges together with any penalties have 169 arisen from a period of time prior to the transfer or 170 confirmation of sale to the electing subdivision;.

192 (e) The property served by the connection is not occupied 193 bySub. the property owner.

194 (3) Upon valid written notice to the county auditor by any 195 owner possessing an ownership interest of record of the property 196 Sub.

92 Page 8 As ReportedPassed by the House Local Government Committee or by an electing subdivision previously in the chain of title 197 of the property thatowner. the unpaid water rents or charges together 198 with any penalties have been certified for placement or placed 199 upon the tax list and duplicate as a charge against the property 200 in violation of division (A)(2) of this section, the county 201 auditor shall promptly remove such charge from the tax 202 duplicate.

194 (3) Upon valid written notice to the county auditor by any 195 owner possessing an ownership interest of record of the property 196 or by an electing subdivision previously in the chain of title 197 of the property that the unpaid water rents or charges together 198 with any penalties have been certified for placement or placed 199 upon the tax list and duplicate as a charge against the property 200 in violation of division (A)(2) of this section, the county 201 auditor shall promptly remove such charge from the tax 202 duplicate.

221 (5) When property to which water service is provided is 222 about to be sold, any party to the sale or the agent of any such 223 party may request the director or other official or body to read 224 the meter at that property and to render within ten days 225 Sub.

92 Page 9 As ReportedPassed by the House Localabout Governmentto Committeebe sold, any party to the sale or the agent of any such 223 party may request the director or other official or body to read 224 the meter at that property and to render within ten days 225 following the date on which the request is made, a final bill 226 for all outstanding rents and charges for water service.

250 If a county land reutilization corporation takes title to 251 property before any rents or charges have been certified or any 252 lien has been placed with respect to the property under division 253 (A)(1) of this section, the corporation shall be deemed a bona 254 fide purchaser for value without knowledge of such rents, 255 Sub.

92 Page 10 As ReportedPassed by the House Locallien Governmenthas Committeebeen placed with respect to the property under division 253 (A)(1) of this section, the corporation shall be deemed a bona 254 fide purchaser for value without knowledge of such rents, 255 charges, or lien, regardless of whether the corporation had 256 actual or constructive knowledge of the rents, charges, or lien, 257 and any such lien shall be void and unenforceable against the 258 corporation and its successors in title.

281 (B) Notwithstanding any provision of the Revised Code to 282 the contrary, no municipal corporation shall refuse or 283 Sub.

92 Page 11 As ReportedPassed by the House Local(B) GovernmentNotwithstanding Committeeany provision of the Revised Code to 282 the contrary, no municipal corporation shall refuse or 283 discontinue municipal utility service to a landlord, present 284 tenant, or prospective tenant at a residential premises based on 285 nonpayment for municipal utility services by a former tenant of 286 the residential premises.