1998-5

Ordinance 1998-5

Ordinance Regarding Separation of Water Lines

WHEREAS, certain landlords own real estate with multi-unit rental properties within town limits that do not have separate water meters for each unit;

WHEREAS, problems have arisen iii the past when not all of the tenants of a multi-unit property have paid their portion of water and sewer bills so that all of the tenants are at risk of having their water shut off when one tenant does not pay;

WHEREAS, the Town Council believes it will be advantageous for all such multi-unit properties to have separate water meters and water lines for each unit, or, in the case of existing multi-unit properties, for the water bill to be in the name of the property owner;

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED M ORDAINED by the

Town Council of the Town of Millersburg, Indiana, as follows:

1. All parcels of real estate within the town limits of the Town of Millersburg, as such may change from time to time, with improvements designed for occupancy by more than one family that have separate living units for each family, shall have separate water meters and water lines for each unit so that the water usage of each unit of the building may be separately metered and disconnected in the event of nonpayment of water and/or sewer bills.

2. With regard to any parcels, of real estate within the town limits, with improvements designed for occupancy by more than one family that have separate living units for each family that are already in existence on the date of the passage of this Ordinance, the owner of the real estate shall have the option, within sixty (60) days after the effective date of this Ordinance, of bringing the real estate into compliance with paragraph 1 above, or, in the alternative, of putting the water and sewer bill for all of the units of the improvements into the owner’s name.

3. In the event the boundaries of the town shall increase in the future, and such additional boundaries shall have any parcels of real estate with existing improvements designed for occupancy by more than one family that have separate living units for each family, the owner of the real estate shall have the option, within sixty (60) days of such real estate becoming part of the boundaries of the Town of Millersburg, of bringing the real estate into compliance with paragraph 1 above, or, in the alternative, of putting the water and sewer bill for all of the units of the improvements into the owner’s name.

4. Any property owner failing to comply with this Ordinance shall be guilty of an ordinance violation and shall be fined Twenty-five Dollars ($25.00) per day for each day of non compliance, up to a total fine of Two Thousand Five Hundred Dollars ($2,500.00) The property owner shall further be responsible for all attorney fees and court costs incurred by the Town in enforcing this Ordinance against the property owner and in collecting any fine imposed upon the property owner under this Ordinance.

5. This Ordinance shall be effective upon its passage by the Town Council and publication according to law.

ADOPTED, ESTABLISHED, AND ORDAINED this 16^th day of March, 1998