Chapter 923 Sewage System

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Section 923.01 Sewage System a Public Utility

The City's sewerage system, including all existing and future sanitary sewers and future sewage treatment plant, is hereby determined to be a public utility.

Section 923.02 Sewer Connections and Extensions

1. Extension Costs.  The cost of sanitary sewer line extensions and connections shall be paid by the developer or individual requesting the sanitary sewer line.
2. Distance of Extension.  Sanitary sewer lines shall be extended the full distance across the development, tract or lot that is to be serviced: i.e., to the farthest point of the lot line, except where the City Engineer determines it is not practicable.

Section 923.03 Size of Sewer Line; Lines to Become City Property

1. Size of Line.  The size of a sanitary sewer line shall be determined by the City Engineer, based on requirements for the satisfaction servicing of present and future areas to be serviced.
2. Lines to be City Property.  All sanitary sewer lines after installation, shall become the property of the City, and all maintenance thereon shall be the responsibility  of the City.

Section 923.04 Connection Permits

1. All connections thereto must have proper City approval.  All property owners are required to take out and pay for the necessary permits for making connections to existing sanitary sewer lines.
2. The City shall not issue permits for connections to properties when the owner has not contributed to the construction cost of the line to which they are connecting, until the owners have remunerated those who constructed or had the line constructed in accordance with the following requirements:
   1. The remuneration shall be paid to the person, persons or corporation responsible for the initial construction of the sanitary sewer line.
   2. The remuneration shall be based on one-half of the actual cost per foot of the original construction of the sanitary sewer line, that is, one-half per each side of the street serviced.
   3. Evidences, in writing, must be furnished to the City that satisfactory remuneration has been made before a permit shall be issued.
   4. In the event of a disagreement between the parties regarding the amount of remuneration, the Board of Control, shall have the authority to determine the amount of remuneration which must be paid before a permit shall be issued.
   5. If the person, persons or corporation responsible for the initial installation of the sanitary sewer line is deceased, or if the corporation is dissolved, their rights for remuneration shall cease to exist and shall not vest to their heirs, successors and assigns.
   6. When the conditions or circumstances as set for in subsection (b)(5) hereof exist, the property owner desiring to connect to sanitary sewer lines they did not pay for shall be required to remunerate the City at twenty-five dollars  ($25.00) per front foot before a permit shall be issued.
   7. The remuneration, as set for in subsections (b)(1) and (6) apples only on lines installed after December 31, 1955.
   8. Where subsection (b)(6) above applies, upon application by the property owner of residential single, owner occupied premises  and upon authority of the Director of Finance and the Director of Administration, on a case by case basis, a payment plan or payment plans not to exceed one (1) year, may be established for the payment of the required remuneration,  in lieu of immediate remuneration, as additional sewer rental charges which are subject to certification to the County Auditor.

Section 923.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor; a separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Chapter 925 Extensions of Sewers Outside City Limits

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Section 925.01 Extension of Services

1. Private contracts for fire protection outside the corporation limits of the City will not be renewed after present expiration dates are reached.
2. Water and sewer service will not be extended to any areas outside the corporation limits of the City.
3. Water and sewer lines presently servicing areas outside the corporation limits of the City will not be extended beyond present bounds.
4. Nothing in this section contradicts or amends any existing oral or written agreement, contract or understanding to which the City is a party in regard to water and sewer lines and service.
5. Water lines outside the corporation limits of the City shall not be extended but adjoining property owners may tap on to existing lines pursuant to other resolutions of Council.  Council may consider extending a water line in a case where the City Engineer recommends the extension to benefit the City's water system.
6. Sewer lines outside the corporation limits of the City shall not be extended and connections thereto shall only be allowed where a private person, corporation, etc., has paid for the cost of the entire extension and is to be reimbursed by connecting adjoining property owners.  In the case of a sewer line which has been extended by the City, Council shall consider all applications for hookup on an individual basis.
7. An exception is made whereby the Appalachian Development Corporation, for lots 106, 108, 109, 110, and 111 in Hyacinth Park Allotment in Plain Township, may connect to the North Canton sewer and the Superintendent of Permits and Inspection is hereby permitted to issue the necessary permits.
   1. Before the necessary sewer hookup permits are issued, a cash payment bond of one thousand dollars ($1,000) shall be provided the City of North Canton with a bond and a surety company approved by the Director of Law.  The bond is to be forfeited if the Appalachian Development Corporation does not continue to seek annexation as outlined in the letter of intent written by Attorney John P. Van Abel as counsel for Appalachian Development Corporation, dated June 27, 1973.  Council shall determine whether or not these conditions have been met.
   2. Before the necessary sewer hookup permits are issued, a performance bond of twenty-five thousand dollars ($25,000) shall be provided the City with a bond and surety company approved by the Director of Law.  The bond will be discharged when the assessments are determined for the lots and the assessments are paid by Appalachian Development Corporation.  Council shall review the final assessments to see that they are equitable to all concerned.

Section 925.02 Outside Property Owners may Connect

Subject to the terms and conditions hereof, and to such other rules and regulations as may be adopted from time to time by the City, or any board or officer thereof, governing the use of the same, the right and privilege is granted to owners and occupants of property outside the corporate limits, but lying adjacent thereto, to connect to and make use of sanitary sewers of the City for the transportation of sewage and waste from such outlying property.  However, such right and privilege shall be subject to termination or revocation at any time by the City, by notice in writing with or without cause and without liability upon the City.

Section 925.03 Fees; Permit to Connect; Compliance with Standards

1. Any connection so desired to be made by any outlying property owner or occupant shall be made only after a permit is obtained by the property owner or  occupant from the Superintendent of Permits and Inspection, and upon payment of the fee at that time being exacted from owners and occupants of property within the City limits, together with any unpaid assessments and interest which may be properly chargeable to such outlying property, as contained in the City's assessment records, and carried by the City due to the fact that the property is beyond the corporate limits and therefore not subject to assessment, even though abutting upon a City sewer.
2. No permit shall be granted to an occupant of an outlying property until the owner of the property files with the Superintendent of Permits and Inspection his written consent to all the terms and conditions hereof.  All such connections and any and all drains, sewers and other appurtenances necessary to conduct sewage and waste from buildings  on such outlying property into the City's sanitary sewers shall be made, laid and constructed under the jurisdiction and direction of the Superintendent of Sewers of the Municipality or such other duly authorized City employee who may be in charge of the work, and shall be done only by a sewer contractor or other person who is approved by and acceptable to the City.
3. All such connections, drains, sewers and other appurtenances shall be made and constructed to the satisfaction and approval and in accordance with established City practices, and shall be subject to inspection by the City.

Section 925.04 Service Discontinued; Disconnection; Notice and Cost

1. Failure on the part of any property owner or the occupant of any property lying beyond the corporate limits of the City, which is connected to the City's sanitary sewer system, to fully and faithfully comply with all the terms and provisions hereof and any and all rules and regulations which are now or may hereafter be made effective concerning the use of the City's sanitary sewers, shall, at the option of the City, terminate the right to continue such connection and to make use of the City's sanitary sewers for disposal of sewage and waste.  Upon notice in writing from the City, through its Superintendent of Sewers, or other duly authorized officer or employee, the owner and occupant of the property specified in the notice shall discontinue the use of sanitary sewers of the City and shall sever, at his own cost and expense, the physical connection from the property to the sanitary sewers. Upon failure to do so the City shall have the right, through its duly authorized officers and employees to sever the connection into the sanitary sewers of the City from the property in question, and such connection shall not thereafter be re-established, except in accordance with the terms of this and all rules and regulations then in effect, and upon payment of all fees and charges, both present and delinquent, including any disconnecting costs.
2. Any property owner and the occupant, present or future, of any property heretofore or hereafter connected to the sanitary sewers of the City and making use thereof by making connection to or by using or continuing to use the City's sanitary sewers to dispose of sewage and waste from outlying property of such property owner or occupant, does, for himself, his heirs, executors, successors and assigns, hereby waive, release and forever discharge the City and its successors from any and all liability and damages and any and all claims therefor by reason of any defect in such sewers, whether now in existence, or hereafter constructed  from any failure of any such sewer or sewers, any obstruction or overflowing thereof or by reason of severance of connection by the City under the terms hereof, or for any other cause or reason whatsoever.

Section 925.05 City to Assume Transporting and Disposal Costs

In consideration of the annual rental and service charge herein required to be paid by outlying users of its sanitary sewers the City agrees that it will transport and dispose of sewage and waste introduced into sanitary sewers by such owners or occupants of outlying properties, and will pay all charges in connection with such transportation and disposal.

Section 925.06 Conditions of Connecting Privileges

1. Every property owner and occupant who has heretofore or may hereafter connect to and make use of the sanitary sewers of the Municipality, has a revocable license and privilege to make and continue such connection and use, subject to termination by the City at any time, with or without cause, and this license and privilege is expressly subject to the reserved right of the Municipality from time to time to amend, change or repeal any and all rules and regulations which are now or may hereafter, from time to time, be in effect.  Such property owners and occupants shall conform to such changes and amendments.
2. All terms and conditions hereof, except such as may be inconsistent with the terms and conditions of the respective rights of way granted to the City to construct and use trunk sewers from corporation limits, southwardly in Plain Township, Edgefield Sewer District No. 3, shall apply to any connections made by owners of property through which trunk sewers may pass.  All inconsistent provisions hereof are superseded by the provisions of the respective right-of-way grants.

Section 925.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor; a separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Chapter 927 Sewer Rentals

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Section 927.01 Rental Charges; Use Classifications

1. Charges.  For the purposes provided in this chapter, there is hereby levied and assessed upon each lot, parcel of land, building or premises served by or discharging waste waters directly or indirectly into the City sewerage system, the sewer rental charges provided for in this chapter.
2. Classifications. The users of the North Canton sewer system shall be divided into three classifications:
   1. Residential,
   2. Commercial, and
   3. Industrial
3. Residential users shall include single-family residences, multiple-family residences and mobile homes.  Industrial users shall include all manufacturing plants that reclaim water and do not contribute industrial wastes to the sanitary sewer system.  Commercial users shall include all other types.
4. In the case of multiple-family residences, each dwelling unit shall be considered the same as a single-family residence.  In the case of mobile homes, each unit shall be considered the same as a single-family residence.

Section 927.02 City Exempt from Rates

All lots, lands, buildings or premises owned by the City shall be exempt from the sewer rental charges.

Section 927.03 Collection and Funding of Service Charges

1. The sewer service charges provided in this chapter shall be billed and collected by the Director of Finance and deposited as collected with the Director, who shall keep the same in a separate fund designated as the Sanitary Sewer Fund. The funds received from the collection of the charges, when appropriated by Council shall be available for the payment of the costs and expenses of the management, maintenance, operation and repair of the City sanitary sewerage system and the sewer agreement with the City of Canton, Ohio.
2. Any surplus in such Fund shall be used for payment of interest on bonds which may be issued to provide funds for the construction, improvement, enlargement or replacement of such sanitary sewerage system or sewage treatment plant or any part thereof.

Section 927.04 When Rental Charges Apply

When a sewer is available, it will be presumed that the waste from the premises is discharged either directly or indirectly into the sewerage system, and the property shall be subject to a sewer rental charge.  When new sanitary sewers are constructed, premises which can or should be connected to the new sewer shall be subject to a sewer rental charge as soon as connections are made to the new sewer, or ninety days after the new sewer is accepted by the City, whichever date is earlier.

Section 927.05 Filing Claim for Exemption from Charges; Computing Non-Residential Charges

1. Where premises are not served directly or indirectly by the sewerage system and should be exempt from the sewer rental charge, it shall be the responsibility of the property owner or other interested party to notify the Director of Finance of the claim for exemption.
2. For all commercial and industrial users and at the option of either the owner or the City for residential users, where sewer charges shall be based upon the waste water discharged to the sewerage system, as measured by the public water supply meters and/or by any supplementary meters necessary to measure the amount of waste discharged, supplementary meters utilized to measure the volume of water supplied from private water supplies or for other purposes in connection with the determination of the sewer rental charge, shall be installed and maintained by the property owner or other interested party at his expense, but such meters must be acceptable to the City Engineer.
3. In any event that the City Engineer finds it is not practical to measure such waste by meters, the City Engineer may measure such waste in such other manner or method as he may find practical in the light of the particular conditions and attendant circumstances.  In the event it is found by the City Engineer that such water or wastes so metered, or otherwise measured, are not actually the true measure of the volume of waste water being discharged into the sewerage system, the City Engineer may modify and adjust such volume in accordance with the facts and with justice and equity.

Section 927.06 Appeal and Review of Rates Classification

All determination as to classification and measurements for sewage charge shall be subject to appeal and review.  Such appeals and reviews shall be made to the Board of Control.  Such appeal shall be made within thirty days to the Director of Administration, in writing, after any person or firm has received notice of his charges.  The Board of Control shall render a decision within thirty days after such notice has been given.

Section 927.07 Rates

Pursuant to the authority of Section 927.01 sewer rates or charges for sewer users of the sanitary sewer system of the City of North Canton shall be as follows:

All future increases from outside entities shall be passed on to the users of the sanitary sewer system of the City of North Canton and the Director of Finance is hereby authorized to institute said increases.

Section 927.08 Outside City Rates

Premises located outside the corporate limits of the City of North Canton shall be charged 200% of the rate which would be applicable to such premises if located within the corporate limits of the City.

Section 927.09 Meter Readings and Billings

1. Meters shall be read and billed monthly or quarterly at the option of the City.
2. All bills shall be increased by five percent (5%) and the amount of the bill as so increased shall constitute the gross bill.  If the bill is paid within fifteen days after it is rendered, the net bill consisting of the charges without such increase shall be accepted as payment in full.

Section 927.10 Charges Made a Lien Against Property

1. That each sewer charge levied is hereby made a lien upon the premises charged therewith, and if the same is not paid within thirty days after it shall be due and payable, it may be certified to the Auditor of Stark County, who shall place the same on the tax duplicate with the interest and penalties allowed by law and be collected as other municipal taxes are collected.  The City shall also have the right, in the event of nonpayment as aforesaid, to discontinue water service to such premises of water supplied by the City's water works system or disconnect the sewer at the owners expense until such unpaid sewer charges have been fully paid.
2. 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 sewer charges and the City may proceed to collect such charges from either the lessor or the lessee or it may certify delinquent charges to the Auditor of Stark County as herein provided.

Chapter 929 Storm Sewer

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Section 929.01 East End Storm Water Sewer District No. 1

Pursuant to Ohio R.C. 727.44 a district is hereby established to be known as East End Storm Water District No. 1 which is described as:

1. Plan to grade and improve the retention basin on Woodside Avenue southeast on the west side of Woodside Avenue between Bachtel Street southeast and Fairview Street southeast.
2. Plans for the main trunk line, east of Willoway Avenue, southeast from south of Schneider Street southeast to southern corporation line.
3. Fairview Street southeast from the intersection of Fairview and Clearmount Avenue, southeast to present storm sewer on Woodside Avenue southeast and Fairview Street southeast.

Chapter 935 Water Lines and Hydrants

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Section 935.01 Extension Procedures

1. Water Line Extensions. The cost of water line extensions shall be paid by the developer or individual requesting the water line, except where it is determined by the City that extensions are essential to provide adequate water circulation or fire protection, or are necessary to provide water service to City property.
2. Larger Water Mains.
   1. When the City requires water mains larger than eight inches in diameter to be constructed within the Municipality, the difference in the cost of materials and the size of pipe over eight inches shall be paid by the City.  The difference in cost shall be determined by the City Engineer, based upon project invoices and current City water works material invoices, as recorded in the office of the Director of Administration.
   2. When the City requires water mains larger than eight inches in diameter to be constructed outside the corporate limits of the Municipality, the entire cost of the extension shall be paid by the applicant - developer.
3. Prior Agreements. Agreements which have been entered into between the City and a developer prior to April 8, 1968, wherein the City agreed to share the cost of water line installation are not affected by subsection (a) above.
4. Extension of Water Lines. Water lines shall be extended the full distance across the development, tract or lot that is to be serviced; i.e., to farthest point of the lot line.
5. Size of Water Line. The size of a water line shall be determined by the City Engineer, based on requirements for the satisfactory servicing of present and future areas to be serviced.
6. Water Lines to Become City Property.All water lines after installation, shall become the property of the City and all maintenance thereon shall be the responsibility of the City. All connections thereto must have proper City approval.  All property owners shall be required to take out and pay for the necessary permits for making connections to existing water lines. However, the City shall not issue permits for connections to properties for which no owner has contributed to the cost of constructing the line to which they are connecting until such owners have remunerated those who constructed or had the line constructed in accordance with the following regulations.
   1. Within a period of ten years from date of construction, such remuneration shall be paid to the person, persons or corporation responsible for the initial construction of the water line.
   2. Such remuneration shall be based on one-half of the actual cost per foot of the original construction of the water line; that is one-half per each side of the street serviced.  Payment shall be based on eight-inch diameter pipes, or smaller.
   3. Evidence, in writing, must be furnished to the City that satisfactory remuneration has been made before a permit shall be issued.
   4. In event of a disagreement between the parties regarding the amount of remuneration, the Board of Control shall have the authority to determine the amount of remuneration which must be paid before a permit shall be issued.
   5. If the person or corporation responsible for the initial installation of the water line is deceased, or if the corporation is dissolved, their rights for remuneration shall cease to exist and shall not vest to their heirs, successors and assigns.
   6. When the conditions or circumstances exist, as set forth in subsection (f)(5) above, and when the ten year period has passed, the property owner desiring to connect to water lines which he did not pay for shall be required to remunerate the City at the rate of four dollars ($4.00) per front foot before a permit shall be issued.
   7. The remuneration as set forth in subsections (f)(1) and (f)(6) hereof, shall apply only on lines installed after December 31, 1955, by private owners or developers and after December 31, 1965, for all lines installed by the City.
7. Costs. The entire cost of the installation and the cost of the fire hydrant and materials, plus ten percent (10%), to be installed outside of the corporate limits shall be paid by the owner or developer requesting the extension of any water line where a fire hydrant is required according to the standards of the City.  When it is necessary to install a fire hydrant within the Municipality by an owner or developer of an allotment or lot, the City shall furnish the fire hydrant at its cost and the owner shall pay the cost of installing the fire hydrant.
8. Extensions. Any extensions beyond the City limits must have the approval of Council by means of the necessary and proper legislation before any construction can be undertaken.

Section 935.02 Connection Charge Other than by Assessment

1. Fee Where Connection Cost is not Paid by Assessment.
   1. Where a connection is made into a waterline, the front foot cost of $25.00 shall be paid into the City Treasury before the connection may be permitted.
   2. Upon authority of the Director of Finance and the Director of Administration, on a case by case basis, a payment plan or payment plans may be established for the connection and tap-in fees for residential single owner occupied premises connecting to preexisting waterlines of the water system of the City, located within the corporate limits of the City, and with said payment plans not to exceed one year.

1. Water Tap-In Fees. 
   1. Water tap-in fees for City water Customers, are hereby  established as follows:

      Meter Size (Inches)	Inside City (USD)	Outside City (USD)
      5/8”	$255.00	$308.00
      1”	355.00	458.00
      1 ½”	605.00	833.00
      2”	800.00	1,125.00
      3”	1,148.00	1,647.00
      4” Compound	2,910.00	4,290.00

      
      

      Small Taps	Inside City (USD)	Outside City (USD)
      1” Tap	$970.00	$1,275.00
      2” Tap no meter	1,275.00	1,675.00

      
      

      Large Taps	Inside City (USD)	Outside City (USD)
      4” Tap on 6” Line	$1,435.00	$2,053.00
      4” Tap on 8” Line	1,440.00	2,060.00
      4” Tap on 12” Line	1,520.00	2,180.00
      6” Tap on 6” Line	1,625.00	2,338.00
      6” Tap on 8” Line	1,650.00	2,375.00
      6” Tap on 12” Line	1,700.00	2,450.00
      6” Tap on 16” Line	N/A	2,455.00
      8” Tap on 8” Line	1,850.00	2,675.00
      8” Tap on 12” Line	1,895.00	2,743.00
      8” Tap on 16” Line	2,280.00	3,320.00
      12” Tap on 12” Line	2,800.00	4,100.00

   2. Costs for large taps are based on six hours labor.  If there is extra time involved, there is an extra cost of $95.00 per hour inside the City and $115.00 per hour outside the City.
   3. The contractor shall do the road opening and road repair on all taps and is responsible for all digging and backfilling on taps.
   4. The contractor shall be responsible for the cost of all material and labor and other costs associated with water service from the water main to the meter.  The City shall tap the water main.

Section 935.03 Extending Water Lines to Farthest Points

The regulations of the Board of Public Affairs are hereby approved requiring property owners requesting the Board or Council to extend water lines to their properties, to extend the line to the farthest point of their lot line from the point of connection.

Section 935.04 Minimum Coverage Depth for Water Lines

All new installation of water lines, lateral and main lines, shall be installed at a minimum coverage depth of four feet, for residential, commercial, industrial properties and all other users.  The Water Division shall inspect all installations before final approval is granted for every new installation.

Section 935.05 Special Water Line Connections Permitted

The Director of Administration is authorized to permit individual connections onto the twelve-inch water line running from a point near the pump station on Easton Street in Plain Township to a tract of land owned by Walsh College located in Plain Township, in accordance with existing water line regulations.  

Section 935.06 Repairing Frozen Water Lines

The cost of thawing or repair of any frozen water lines from the curb line to any buildings shall be at the expense of the owner or owners of the buildings.

Section 935.07 Use of Water from Fire Hydrants

1. No person except an authorized agent of the Water Department or the North Canton Fire Department or a person with a special permit issued by the Director of Administration shall disturb or tamper with any fire hydrant or any part thereof or take any water from hydrants under any circumstances.  This section applies to all hydrants connected to the North Canton water supply system.
2. Installation of a meter and backflow device for all bulk water customers using water from a City hydrant, meter fees and refundable equipment damage deposit can be found under the provisions of Section 937.05 Bulk Water Charge.

Section 935.08 Sale of Water or Sanitary Sewer Service Outside City Boundaries

1. All applications for water or sewer service for locations outside City boundaries require the Water Board and chair of the Water, Sewer and Rubbish Committee's approval.
2. The Water Board and chair of the Water, Sewer and Rubbish Committee shall evaluate each application, and while considering foremost the City's best interest, they may:
   1. Reduce or waive the cost to place water and sanitary sewer lines, associated costs, and tap in fees;
   2. Determine the applicability of inside or outside water rates;
   3. Determine the necessity of an agreement between the City and applicant whereby the applicant shall, upon request, promptly sign a recordable annexation petition, creating a covenant running with the land and enforceable against all successors and assigns; and
   4. Evaluate and approve or deny other applicable and negotiable considerations, that in their sole discretion, are in the City's best interest.
3. Unless a separate, binding agreement is currently in place, all locations outside City boundaries presently receiving City water or sewer service, shall comply with the provisions of this ordinance.  

Section 935.09 Use of Water Outside Residential Premises

1. The following policy regulating the use of water outside the premises for all residents on the North Canton Water System, in the event it becomes necessary for the Mayor to declare a mandatory conservation period, is hereby established:
   1. Residents with odd numbered addresses shall be permitted to use water outside the premises on Tuesday, Thursday and Saturday from 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 11:00 p.m.
   2. Residents with even numbered addresses shall be permitted to use water outside the premises on Wednesday, Friday and Sunday from 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 11:00 p.m.
   3. No resident on the North Canton Water System shall be permitted to use water outside the premises on Monday.
2. Improper Watering During Mandatory Conservation Period.When the Mayor declares a mandatory conservation period, the following penalties shall be in effect for each separate violation of this Conservation Period.  Offenses are per calendar year but shall be considered a separate violation for each day a violation occurs.
   1. First Offense: written warning, sent certified mail (if unclaimed or refused, sent regular mail).
   2. Second Offense: Excess use fee of one hundred dollars ($100.00), must be paid within three days (or first working day if third day falls on a weekend or holiday).
   3. Third and Subsequent Offenses: Excess use fee of two hundred fifty dollars ($250.00) for the third offense and doubling for each subsequent offense, must be paid within three days (or first working day if third day falls on a weekend or holiday).
3. There shall be established a committee that shall have the authority to waive the excess use fee in instances where the water use was beyond the control of the home owner.  The committee shall be made up of the Director of Administration, Director of Finance and Chief Operator - Water Treatment Plant.

Section 935.10 Backflow Prevention Device

1. The Superintendent of the North Canton Water Treatment Plant is hereby authorized to cause the installation of an approved backflow prevention device, if necessary for the safety of the public water system, and to give notice to the property owner to install such an approved device.
2. The property owner shall, at his own expense, install, maintain, and test an approved device at a location, and in a manner, approved by the Superintendent of the Water Treatment Plant.  Failure or refusal or inability to install, maintain, and test said device immediately shall constitute a ground for discontinuing water service to the premises until such device has been installed, maintained and tested in a manner approved by the Superintendent of the North Canton Water Treatment Plant.  The definition of “Maintain” includes but is not limited to:  repair; overhaul; and replacement.  “Test” includes but is not limited to:  inspections; operational testing; and/or recertification of such devices at the time of installation or repair, but at least once every twelve months or more often as required by the Superintendent of the North Canton Water Treatment Plant.  Any inspection, testing and recertification must be performed by a person so qualified and approved by the Superintendent of the North Canton Water Treatment Plant.  The property owner shall maintain records of such inspections, tests, repairs and/or overhauls of the devices and make them available to the Superintendent of the North Canton Water Treatment Plant.
3. It shall be the duty of the Superintendent of the North Canton Water Treatment Plant to have inspections, surveys and investigations to be made of industrial, commercial, and other properties served by the public water supply where actual or potential hazards to the public water supply may exist.  Such surveys and investigations shall be made a matter of public record and shall be repeated annually or as required by the Superintendent of the North Canton Water Treatment Plant.
4. The use of the approved backflow preventer at the water service connection does not in any way affect or eliminate the need for individual fixture devices or air gaps as required by the Ohio Building Code.
5. The Superintendent of the North Canton Water Treatment Plant, or his duly authorized representative, shall have the right to enter at any reasonable time, any property served by a connection to the public water supply or distribution system of the Water Department for the purpose of inspecting the piping system or systems thereof.  On demand, the owner, lessees or occupants of any property so served shall furnish the Superintendent of the North Canton Water Treatment Plant any information that he may request regarding the piping systems of water use on such property.  The refusal of such information, when demanded, shall be deemed evidence of the presence of improper connections as provided by this section.
6. The Director of Administration is authorized to develop, implement, and maintain administrative policies, guidelines, and fees governing the testing of backflow prevention devices pursuant to the provisions of this Section.

Section 935.99 Penalty

1. Whoever violates any provision of this chapter except Section 935.07, is guilty of a minor misdemeanor; a separate offense shall be deemed committed each day during or on which a violation occurs or continues.
2. Whoever violates Section 935.07 is guilty of a misdemeanor of the third degree.

Chapter 937 Water Rates

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Section 937.01 Water Rates

1. Rate Structure for Residential Premises Inside City Rate Per 1,000 Gallons

   Monthly Consumption in Gallons	June 1, 2013	June 1, 2014	June 1, 2015
   0 – 15,000	$4.85	$5.12	$5.40
   15,001 – 30,000	$5.56	$5.87	$6.19
   30,001 – 40,000	$6.45	$6.80	$7.17
   40,001 and up	$6.97	$7.36	$7.76

2. Rate Structure for Residential Premises Outside the City Rate Per 1,000 Gallons

   Monthly Consumption in Gallons	June 1, 2013	June 1, 2014	June 1, 2015
   0 – 15,000	$9.14	$9.64	$10.17
   15,001 – 30,000	$9.79	$10.33	$10.90
   30,001 – 40,000	$10.62	$11.21	$11.82
   40,001 and up	$11.13	$11.74	$12.39

3. Business Premises Located Inside Corporate Limits of City Rate Per 1,000 Gallons

   Monthly Consumption in Gallons	June 1, 2013	June 1, 2014	June 1, 2015
   0 – 40,000	$4.85	$5.12	$5.40
   40,001 and up	$4.41	$4.65	$4.91

4. Business Premises Located Outside Corporate Limits of City Rate Per 1,000 Gallons

   Monthly Consumption in Gallons	June 1, 2013	June 1, 2014	June 1, 2015
   0 – 15,000	$9.14	$9.64	$10.17
   15,001 – 30,000	$8.30	$8.76	$9.24
   30,001 – 40,000	$7.48	$7.89	$8.33
   40,001 and up	$6.65	$7.01	$7.40
   Bulk Rate	$3.80	$4.01	$4.23

5. An annual increase commensurate with the Consumer Price Index shall apply to each of the above rates on June 1 of each year for years 2016 and 2017, unless amended by Council.
6. An annual analysis of rates shall be performed every year starting in 2018 to compare revenue projections with anticipated expenditures. Council shall review and approve the analysis in that year prior to authorizing an automatic increase.
7. That monthly minimum billings for water service shall be based on the size of the meter installed.  When more than one single premises, as hereinafter defined, is being served by a single meter, the minimum monthly charge shall be as follows:
   1. Multiple Residential:
      1. The minimum monthly charge for a 5/8 inch meter multiplied by the number of single premises serviced or the calculated water bill for the actual consumption measured, whichever is greater.
   2. Converted Residential Buildings:
      1. For computing minimum bills, a residential building converted to commercial usage that retains a 5/8 inch meter and that houses any of the following:  office rooms and/or business rooms and/or apartments then each of the following shall constitute a single premise:  each room or suite of rooms located on the first floor of the building used for single occupancy by a person or persons in the conduct of a single enterprise. The minimum monthly charge multiplied by the number of single premises serviced or the calculated water bill for the actual consumption measured, whichever is greater.
      2. In the event of a fire, the City shall estimate the water usage and shall bill for the water usage based on the current rate.  This estimate shall be provided by the Director of Finance and shall be based on the number of sprinkler heads activated during the fire and based on the amount of discharge each head permits.

         Size of Meter (Inches)	Minimum Monthly Consumption in Gallons
         	Premises Located Inside Corporate Limits	Premises Located Outside Corporate Limits
         5/8	2,000	3,000
         1	8,000	8,000
         1 ½	17,000	17,000
         2	25,000	25,000
         3	33,000	33,000
         4	50,000	50,000
         6	75,000	75,000
         8	125,000	125,000
         10	210,000	210,000
         12	375,000	375,000

8. In respect to commercial customers having two or more locations within the North Canton water service area, if such customer can quarterly provide to the satisfaction of the Director of Finance on forms supplied by the City of North Canton for the purpose, that:
   1. Sixty-five (65%) percent or more of the employees of the customer employed within the North Canton water service area are employed within the corporate limits of the City of North Canton, and;
   2. Sixty-five (65%) percent or more of the payroll expense of the customer attributable to and paid to employees employed within the North Canton water service area is attributable to and paid to employees employed within the corporate limits of the City of North Canton, then all locations of said customer located outside the corporate limits of the City of North Canton, but located within the North Canton water service area shall be entitled to receive a forty (40%) percent reduction in their net monthly water billing for those facilities located outside the corporate limits of said City, provided that the bill is paid within fifteen (15) days after it is rendered.

Section 937.02 Meter Reading and Billing

1. Meters shall be read and billed monthly or quarterly at the option of the City.
2. All bills for current services together with any additional charges from whatever source, shall be increased by five (5%) percent and  the amount so increased shall be the gross bill. If the bill is paid  within 15 days after it is rendered, a discount shall be issued and  the net  bill consisting of all the foregoing charges without the five (5%) percent increase shall be accepted as payment in full.

Section 937.03 Charges Made a Lien Against Property

1. That each water charge levied is hereby made a lien upon the premises charged therewith.  If the Director of Finance determines that a transfer of property is about to occur and the water rents for said property are thirty days or more delinquent, the Director of Finance shall certify said delinquent amount together with penalties to be placed upon the real estate tax list and duplicate to be collected according to law.  If the Director of Finance determines the water charges are delinquent for more than thirty days for a property, the Director of Finance's intent to certify said delinquency to be served upon the owner of the property thirty days prior to certification.  If the water charges remain delinquent at the conclusion of thirty days, the Director of Finance may certify said delinquent charges to the County Auditor to be placed upon the real estate list and duplicate to be collected according to law. Said water charges may be certified to the Auditor only if the service was provided pursuant to a service contract with the owner of the property.
2. In the event of nonpayment as aforesaid, or for non-compliance with the rules, regulations, or terms and conditions of Chapter 937, the City shall also have the right to discontinue service to such premises supplied by the City waterworks system until such unpaid water charges have been fully paid or compliance has been certified.
3. Failure on the part of any property owner or the occupant of any property which is connected to the City's waterworks system to fully and faithfully comply with all the terms and provisions hereof and any and all rules and regulations which are now or may hereafter be made effective concerning the use of the City's waterworks system, shall, at the option of the City, terminate the right to continue such connection and to make sure of the City's waterworks system, and upon receipt of delinquent notice from the City, through the Director of Finance, the owner and occupant of the property specified in said delinquent notice shall discontinue the use of the waterworks system of the City and shall sever, at their own cost and expense, the physical connection from said property to the waterworks system. Upon failure to do so, the City shall have the right, through its duly authorized officers and employees, to sever the connection into the waterworks system of the City from the property in question, and such connection shall not thereafter be reestablished, except in accordance with the terms of this and all rules and regulations then in effect and upon payment of all fees and charges, both present and delinquent, including any disconnection costs.
4. In the event of any dispute as to charges or any dispute as failure to comply with rules and regulations concerning the use of the City's waterworks system shall upon written request by the party aggrieved be referred to a Board consisting of the Director of Law, Director of Finance and Director of Administration for review.  Said Board shall hear said dispute within thirty days receipt of said notice and shall make a written decision to the party aggrieved within a reasonable time thereafter.

Section 937.04 Water Turn-on Charge

1. Whenever water service has been turned off for non-payment or non-compliance with any of the terms and conditions or rules and regulations of Chapter 937, there shall be a charge of one hundred dollars ($100.00) to be paid before the water service will be turned on during City Hall business hours.
2. Whenever water service has been turned off for non-payment or non-compliance with any of the terms and conditions or rules and regulations of Chapter 937, the past due amount, in addition to applicable turn on charge, shall be paid in full before water service shall be turned on.

Section 937.05 Bulk Water Charge

1. Bulk or construction water may be sold only with the consent and approval of the Director of Administration and at the current rate, as may be amended from time to time.
2. All bulk water purchases require a meter installation to measure the amount of water purchased together with a backflow prevention device to protect the City of North Canton's water system.  The equipment rental fee for the meter and backflow prevention device, which includes installation and removal, is $100.00, together with a $1,250.00 equipment security deposit, which shall be returned if the equipment is returned timely without damage beyond normal wear and tear and has not been removed or altered by other than a City employee or its contractor.
3. The bulk water purchaser is responsible to protect the meter and backflow prevention device from harm until it is removed by a City employee or its contractor.  If said equipment is removed or altered by someone other than a City employee or its contractor, the bulk water purchaser shall be wholly responsible for the resulting damages to the equipment and City water supply, which may exceed the amount of the security deposit.
4. Prior to purchasing the bulk water, the purchaser must sign an agreement to pursue no claims or actions of any kind against the City that result from the purchaser's defective equipment, construction, negligence, or intentional acts, in conjunction the purchase and use of the bulk water, and to hold the City harmless, and to defend and indemnify it against all forms of liability and expense for injury, losses, harm, or damages resulting from the same.

Section 937.06 Commercial Fire Hydrant Charge on Private Property

In respect to commercial establishments having fire hydrants located on private property connected to the North Canton water system and not being regularly billed for water consumption on their premises, said establishments shall pay twenty-four dollars ($24.00) per month for each hydrant.

Section 937.07 Meter Regulations

1. All new services shall be one inch (1") or larger.
2. All new installations for service shall be to the specifications on file with the Director of Administration.
3. All new tap-in installations shall be fees and meter cost plus labor, equipment and material cost inside the City limits and cost plus one-half for installation outside the City limits.
4. Owners shall deposit the amount of estimated cost of meter and tap when permit is issued, unless the following is authorized by the Director of Administration and Director of Finance. A payment plan may be established for the connection and tap-in fees for residential single-family owner-occupied premises connecting to preexisting waterlines of the water system of the City of North Canton, as provided at Section 937.02 of the Codified Ordinances.
5. All existing water users, either business or residential, connected to the North Canton water distribution system, shall be maintained to the specifications on file with the Director of Administration.
6. For all new installations, a separate meter for measuring water consumption shall be installed for each dwelling or business unit before water shall be furnished thereto except where two or more dwelling units, or two or more business units, located in one building, under a common roof, having common ownership, and the common owner thereof applies for and contracts to pay for the total water consumed thereto.  Otherwise, a separate water line, which is connected to a separate shutoff valve, and a separate meter, shall be required for each dwelling unit or business unit.

Section 937.08 Water Turn-on

1. All property owners or their designated agent shall be required to execute an application to the City of North Canton for water and/or sewer service to premises owned by the applicant and thereby agree to pay all rentals and other charges for service at the due dates and to conform to all rules and regulations of the City of North Canton now or hereafter in force, pertaining to such water and/or sewer service.
2. That the residential property owners of the premises shall be responsible for the water supplied by the City's waterworks systems.  The City of North Canton will send a courtesy bill to the residential property owners' lessees.

Section 937.09 Deposit for Business

Upon the effective date of this legislation, all new businesses on the North Canton Water System will be required to make a deposit that equals an estimated forty-five (45) day usage.  Said deposit may be applied to the amount due in case of business bankruptcy or any time the Director of Finance deems that it is necessary for payment of water consumed.

Chapter 941 Illicit Discharges and Connections into Storm Sewer System

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Section 941.01 Regulations Adopted

Regulation for the City of North Canton storm sewer system (“MS4”) of illicit discharges, illegal connections and methods for controlling the introduction of pollutants in order to comply with requirements of the National Pollutant Discharge Elimination System (“NPDES”) permit process as required by the Ohio Environmental Protection Agency (“Ohio EPA”), be, and the same are hereby adopted.

Section 941.02 Illicit Discharges/Illegal Connections Prohibited

Illicit discharges and illegal connections to the City of North Canton storm sewer system, be, and are hereby prohibited.

Section 941.03 Inspections/ Enforcement

Legal authority to carry out inspections, monitor procedures, and enforcement actions necessary to ensure compliance with said regulation, be, and the same are hereby adopted.

Section 941.04 Application

Said regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the storm sewer system and on any lands in the City of North Canton, except for those discharges generated by the activities detailed in Section 941.09.

Section 941.05 Definitions

The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:

1. “Best Management Practices (BMP’s)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water.  BMP’s also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
2. “North Canton” means the City of North Canton, its designated representatives, boards or commissions.
3. “Environmental Protection Agency or United States Environmental Protection Agency (USEPA)” means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
4. “Floatable Material” in general this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to plastic, aluminum cans, wood products, bottles, and paper products.
5. “Hazardous Material” means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
6. “Illicit Discharge”, as defined at 40 C.F.R. 122.26(b)(2), means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 941.07of this regulation.
7. “Illegal Connection”:  means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
8. “Municipal Separate Storm Sewer System (MS4)”, as defined at 40 C.F.R. 122.26 (b)(8), means a conveyance or system of conveyances  (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
   1. Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State  law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States;
   2. Designed or used for collecting or conveying storm water;
   3. Which is not a combined sewer; and
   4. Which is not part of a Publicly Owned Treatment Works (POTW) as    defined at 40 C.F.R. 122.2.
9. “National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit” means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
10. “Off-Lot Discharging Home Sewage Treatment System” means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
11. “Owner/Operator” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.
12. “Pollutant” means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.
13. “Storm Water” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
14. “Wastewater” means the spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
15. “Stark County Health Department” means the Board of Health of the Stark County Combined General Health District or its authorized representative as authorized by Ohio R.C.  3709.05.

Section 941.06 Disclaimer of Liability

Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.

Section 941.07 Conflicts, Severability, Nuisances, and Responsibility

1. Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by North Canton, shall prevail.
2. If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
3. This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
4. Failure of North Canton to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting there from, and shall not result in North Canton, its officers, employees, or agents being responsible for any condition or damage resulting there from.

Section 941.08 Administration and Enforcement

North Canton shall administer, implement, and enforce the provisions of this regulation. North Canton may contract with the Stark County Health Department to conduct inspections and monitoring and to assist with enforcement actions.

Section 941.09 Discharge and Connection Prohibitions

1. Prohibition of Illicit Discharges.No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
   1. Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from fire fighting activities. These discharges are exempt until such time as they are determined by the North Canton to be significant contributors of pollutants to the MS4.
   2. Discharges specified in writing by North Canton as being necessary to protect public health and safety.
   3. Discharges from off-lot discharging home sewage treatment systems permitted prior to January 1, 2007, by the Stark County Health Department for the purpose of discharging treated sewage    effluent in accordance with Ohio Administrative Code 3701-29-02 until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for residential 1, 2, or 3 family dwellings.  These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Stark County Health Department. In compliance with the North Canton Storm Water Management Program, discharges from all off-lot discharging home sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available, discharges from off-lot discharging home sewage treatment systems will no longer be exempt from the requirements of this regulation.
2. Prohibition of Illegal Connections.The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.
   1. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
   2. A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.

Section 941.10 Monitoring of Illicit Discharges and Illegal Connections

1. Establishment of an Illicit Discharge and Illegal Connection Monitoring Program:  North Canton shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4.This program shall include the mapping of the MS4, including MS4 outfalls and home sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.
2. Inspection of Residential, Commercial, Industrial, or Institutional Facilities:
   1. North Canton shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
   2. North Canton shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by North Canton.
   3. North Canton shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator’s expense. All devices used to measure storm water flow and quality shall be calibrated by North Canton to ensure their accuracy.
   4. Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility’s owner/operator at the written or oral request of North Canton and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
   5. Unreasonable delays in allowing North Canton access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
   6. If North Canton is refused access to any part of the facility from which storm water is discharged, and North Canton demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or an order issued hereunder, or to protect the public health, safety, and welfare, North Canton may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
   7. Any costs associated with these inspections shall be assessed to the facility owner/operator.

Section 941.11 Enforcement

1. Notice of Violation: When North Canton finds that a person has violated a prohibition or failed to meet a requirement of this regulation, North Canton may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require one or more of the following actions:
   1. The performance of monitoring, analyses, and reporting;
   2. The elimination of illicit discharges or illegal connections;
   3. That violating discharges, practices, or operations cease and desist;
   4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
   5. The implementation of source control or treatment BMPs.
2. If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
3. Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
4. Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, North Canton shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. The administrative hearing will be heard by the Director of Administration.  Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
5. Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to O.R.C. 3709.211. If a owner/operator has violated or continues to violate the provisions of this regulation, North Canton may petition for a preliminary or permanent injunction restraining the owner/ operator from activities that would create further violations or compelling the owner/operation to perform abatement or remediation of the violation.

Section 941.12 Remedies

The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of North Canton to seek cumulative remedies.

Section 941.99 Penalty

Whoever violates this section is guilty of a minor misdemeanor.

Chapter 943 Storm Water Quality Regulations

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Section 943.01 General Criteria

The Storm Water Quality Regulations developed by the Stark County Soil and Water Conservation District (SWCD) are the standards for erosion and sediment control and post-construction water quality design in the City of North Canton and are available on  the Stark County SWCD website at www.starkswcd.org. Excluding Section 108 of the Storm Water Quality Regulations, these regulations shall be applicable to all developments in the City of North Canton which are covered by the regulations as specified in the regulations.

Section 943.02 Monitoring the Permit for Compliance

1. Sites are immediately considered non-compliant for the following reasons:
   1. Soil disturbing activities without an earth disturbance permit.
   2. Soil disturbing activities without an approved Storm Water Pollution Prevention Plan.
   3. Soil disturbing activities without an Ohio EPA NPDES Permit.
   4. Soil disturbing activities without a pre-construction meeting.
2. Following the initial inspection of erosion and sediment control devices by the developer's delegated representative, regular inspections (bi-monthly) will be performed by the Stark County SWCD for compliance with Storm Water Quality Regulations.  If it appears that a violation of any of the regulations has occurred, the owner and developer will be notified of deficiencies or non-compliance in writing by certified mail, return receipt requested.  If within 30 days after receipt of the letter, the owner or developer has not rectified the deficiency or received approval of plans for its correction, a second notice of violation will be issued. The owner or developer has another 15 days to rectify the violation. If the violation is not rectified, the violation shall be reported to the City of North Canton Engineer for consideration of referral to the City of North Canton Law Director for immediate enforcement of these regulations.
3. The Stark County SWCD may require revisions to the Storm Water Pollution Prevention Plan as necessary to achieve compliance to the Storm Water Quality Regulations.
4. A final inspection will be made to determine if the criteria of the Storm Water Quality Regulations have been satisfied and a report sent to the City of North.

Section 943.03 Enforcement

1. If the City of North Canton Engineer determines that a violation exists and requests the City of North Canton Law Director in writing, the Law Director shall seek an injunction to cease work immediately until compliance with these rules.  A court may also order the construction of sediment control improvements for implementation or other control measures.
2. Nothing in this section and no action taken there under shall be held to exclude such criminal proceedings as may be authorized under the Ohio Revised Code.

Section 943.04 Remedies Not Exclusive

The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the City of North Canton to seek cumulative remedies.

Section 943.99 Penalty

Whoever violates this section is guilty of a minor misdemeanor.