14-12 Amend 902.08 & .09 & 915.01 Collection of water & sewer bills

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Placed on first reading and re- ferred to the Finance Committee 2/6/2012. Please substitute for the original. ORDINANCE NO. 14-12 BY:Andenson, Bullock, .Turfs, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, amending Sections 902.08, Nonpayment of Bills, 902.09, Shut-Off for Nonpayment, and 915.01, Establishment of Rates, of the Codified Ordinances of the City of Lakewood for the pur- pose of strengthening the procedures involving collection of municipal water and sewer utility bills. WHEREAS, Sections 902.08, 902.09 and 915.01 of the Codified Ordinances set out pro- cedures and responsibilities regarding the payment and collection of municipal water and sewer utility bills; and WHEREAS, those sections stand to be updated and augmented in order to clarify the rights and obligations of persons receiving municipal water and sewer utility service; and WHEREAS, those sections stand to be City's rights and obligations with respect to the bills; and updated and augmented in order to clarify the collection of municipal water and sewer utility WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits mu- nicipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the City wishes to ensure updated rights and obligations go into effect prior to the next billing cycle(s); now, there- fore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 902.08, Nonpayment of Bills, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 902.08 NONPAYMENT OF BILLS. In case of failure to pay any charges duly prescribed, after the expiration of 180 days after the due date, written notice shall be given by certified mail to the owner of the real estate which received the sewer service. If, after the