§ 401-93-A. Involuntary Disconnection.  


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  • (a)

    The Cincinnati Water Works shall provide at least seven calendar days prior written notice of service disconnection to a customer in default for failure to make payment or for violation of any sections herein, whether or not such customer be a landlord, owner, or others.

    (b)

    At least seven calendar days prior to disconnection of water service to any user(s) not responsible for the payment of charges for services billed, a notice of the intent to disconnect water service shall be posted or affixed upon the premises in a conspicuous location and/or personally served upon the user(s), owner or agent. Such notice shall include the rights and obligations as set forth in paragraphs (d) and (e) of this section.

    (c)

    When account records show the premises is a single-family residence and the billing has been directed to such premises, it shall not be necessary to post a notice of disconnection upon the premises or otherwise serve a notice of disconnection.

    (d)

    Any person or entity responsible for the payment of charges for services billed who causes the disconnection of water service by failure to pay the charges for past service or through any other violation of applicable law, the provisions of this chapter and Cincinnati Water Works rules and regulations, or who willingly causes the water service to be disconnected, except while repairs are in progress or during temporary emergencies, shall be liable for compensatory damages to all other persons or entities denied the benefits of water service so disconnected.

    (e)

    If a tenant makes arrangements to the satisfaction of the Cincinnati Water Works for the arrearage of the customer who is in default in order to avoid disconnection of water service for nonpayment, or to cause reconnection of service so disconnected, the tenant shall have the right to deduct the amount of such payment(s) from any future payment of rent.

    (f)

    When a notice of disconnection is posted at the premises or personally served upon the owner, user(s) or agent as a result of nonpayment of charges for services billed or failure to comply with the provisions of this chapter and Cincinnati Water Works rules and regulations, there shall be a charge, determined by the director, to the customer responsible for payment of the statement. The director shall periodically review the costs and adjust the charge if necessary. This charge is in addition to the delinquent charge specified in Section 401-93.

    (g)

    When a water service disconnection trip is made to a premises as a result of nonpayment of charges for services billed or failure to comply with the provisions of this chapter and Cincinnati Water Works rules and regulations, there shall be a charge, determined by the director, to the customer responsible for the payment of the statement. The director shall periodically review the costs and adjust the charge if necessary. This charge shall be in addition to the delinquent charge specified in Section 401-93.

(C.M.C. 401-93-A; ordained by Ord. No. 573-1972, eff. Jan. 19, 1973; a. Ord. No. 288-1975, eff. July 4, 1975; a. Ord. No. 48-1984, eff. Feb. 24, 1984; repealed and reordained by Ord. No. 372-1996, eff. Nov. 20, 1996)