Ohio § 6103.02
Full text of Ohio Ohio Revised Code § 6103.02, with citation guidance and answers to common questions.
§ 6103.02.
(A) For the purpose of preserving and promoting the public health and welfare, a board
of county commissioners may acquire, construct, maintain, and operate any public water
supply facilities within its county for one or more sewer districts and may provide
for their protection and prevent their pollution and unnecessary waste. The board may negotiate and enter into a contract with any public agency or any
person for the management, maintenance, operation, and repair of the facilities on
behalf of the county, upon the terms and conditions as may be agreed upon with the
agency or person and as may be determined by the board to be in the interests of the
county. By contract with any public agency or any person operating public water supply facilities
within or without its county, the board also may provide a supply of water to a sewer
district from the facilities of the public agency or person. (B) The county sanitary engineer or sanitary engineering department, in addition to other
assigned duties, shall assist the board in the performance of its duties under this
chapter and shall be charged with other duties and services in relation to the board's
duties as the board prescribes. (C) The board may adopt, publish, administer, and enforce rules for the construction,
maintenance, protection, and use of county-owned or county-operated public water supply
facilities outside municipal corporations and of public water supply facilities within
municipal corporations that are owned or operated by the county or that are supplied
with water from water supply facilities owned or operated by the county, including,
but not limited to, rules for the establishment and use of any connections, the termination
in accordance with reasonable procedures of water service for nonpayment of county
water rates and charges, and the establishment and use of security deposits to the
extent considered necessary to ensure the payment of county water rates and charges. The rules shall not be inconsistent with the laws of the state or any applicable
rules of the director of environmental protection. (D) No public water supply facilities shall be constructed in any county outside municipal
corporations by any person, except for the purpose of supplying water to those municipal
corporations, until the plans and specifications for the facilities have been approved
by the board. Construction shall be done under the supervision of the county sanitary engineer. Any person constructing public water supply facilities shall pay to the county all
expenses incurred by the board in connection with the construction. (E) The county sanitary engineer or the county sanitary engineer's authorized assistants
or agents, when properly identified in writing or otherwise and after written notice
is delivered to the owner at least five days in advance or mailed at least five days
in advance by first class or certified mail to the owner's tax mailing address, may
enter upon any public or private property for the purpose of making, and may make,
surveys or inspections necessary for the design or evaluation of county public water
supply facilities. This entry is not a trespass and is not to be considered an entry in connection
with any appropriation of property proceedings under sections 163.01 to 163.22 of the Revised Code that may be pending. No person or public agency shall forbid the county sanitary engineer or the county
sanitary engineer's authorized assistants or agents to enter, or interfere with their
entry, upon the property for the purpose of making the surveys or inspections. If actual damage is done to property by the making of the surveys or inspections,
the board shall pay the reasonable value of the damage to the property owner, and
the cost shall be included in the cost of the facilities and may be included in any
special assessments levied and collected to pay that cost. (F) The board shall fix reasonable rates, including penalties for late payments, for
water supplied to public agencies and persons when the source of supply or the facilities
for its distribution are owned or operated by the county and may change the rates
from time to time as it considers advisable. When the source of the water supply to be used by the county is owned by another
public agency or person, the schedule of rates to be charged by the public agency
or person shall be approved by the board at the time it enters into a contract for
the use of water from the public agency or person. When the distribution facilities are owned by the county, the board also may fix reasonable
charges to be collected for the privilege of connecting to the distribution facilities
and may require that, prior to the connection, the charges be paid in full or, if
determined by the board to be equitable in a resolution relating to the payment of
the charges, may require their payment in installments, as considered adequate by
the board, at the times, in the amounts, and with the security, carrying charges,
and penalties as may be determined by the board in that resolution to be fair and
appropriate. No public agency or person shall be permitted to connect to those facilities until
the charges have been paid in full or provision for their payment in installments
has been made. If the connection charges are to be paid in installments, the board shall certify,
to the county auditor, information sufficient to identify each parcel of property
served by a connection and, with respect to each parcel, the total of the charges
to be paid in installments, the amount of each installment, and the total number of
installments to be paid. The county auditor shall record and maintain the information so supplied in the
waterworks record provided for in section 6103.16 of the Revised Code until the connection charges are paid in full. The board may include amounts attributable to connection charges being paid in installments
in its billings of rates and other charges for water supplied. In addition, the board may consider payments made to a school district under section 6103.25 of the Revised Code when the board establishes rates and other charges for water supplied. A board may establish discounted rates or charges or may establish another mechanism
for providing a reduction in rates or charges for persons who are sixty-five years
of age or older. The board shall establish eligibility requirements for such discounted or reduced
rates or charges, including a requirement that a person be eligible for the homestead
exemption or qualify as a low- and moderate-income person. (G) When any rates or charges are not paid when due, the board may do any or all of the
following: (1) Certify the unpaid rates or charges, together with any penalties, to the county auditor. The county auditor shall place the certified amount upon the real property tax list
and duplicate against the property served by the connection. The certified amount shall be a lien on the property from the date placed on the
real property tax list and duplicate and shall be collected in the same manner as
taxes, except that, notwithstanding section 323.15 of the Revised Code , a county treasurer shall accept a payment in that amount when separately tendered
as payment for the full amount of the unpaid rates or charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount. (2) Collect the unpaid rates or charges, together with any penalties, by actions at law
in the name of the county from an owner, tenant, or other person or public agency
that is liable for the payment of the rates or charges; (3) Terminate, in accordance with established rules, the water service to the particular
property unless and until the unpaid rates or charges, together with any penalties,
are paid in full; (4) Apply, to the extent required, any security deposit made in accordance with established
rules to the payment of the unpaid rates and charges, together with any penalties,
for water service to the particular property. All moneys collected as rates, charges, or penalties fixed or established in accordance
with division (F) of this section for water supply purposes in or for any sewer district
shall be paid to the county treasurer and kept in a separate and distinct water fund
established by the board to the credit of the district. Each board that fixes water rates or charges may render estimated bills periodically,
provided that at least quarterly it shall schedule an actual reading of each customer's
meter so as to render a bill for the actual amount shown by the meter reading to be
due, with credit for prior payments of any estimated bills submitted for any part
of the billing period, except that estimated bills may be rendered if a customer's
meter is not accessible for a timely reading or if the circumstances preclude a scheduled
reading. Each board also shall establish procedures providing a fair and reasonable opportunity
for the resolution of billing disputes. When property to which water service is provided is about to be sold, any party to
the sale or an agent of a party may request the board to have the meter at that property
read and to render, within ten days following the date on which the request is made,
a final bill for all outstanding rates and charges for water service. The request shall be made at least fourteen days prior to the transfer of the title
of the property. At any time prior to a certification under division (G)(1) of this section, the board
shall accept any partial payment of unpaid water rates or charges in the amount of
ten dollars or more. Except as otherwise provided in any proceedings authorizing or providing for the security
for and payment of any public obligations, or in any indenture or trust or other agreement
securing public obligations, moneys in the water fund shall be applied first to the
payment of the cost of the management, maintenance, and operation of the water supply
facilities of, or used or operated for, the sewer district, which cost may include
the county's share of management, maintenance, and operation costs under cooperative
contracts for the acquisition, construction, or use of water supply facilities and,
in accordance with a cost allocation plan adopted under division (H) of this section,
payment of all allowable direct and indirect costs of the district, the county sanitary
engineer or sanitary engineering department, or a federal or state grant program,
incurred for the purposes of this chapter, and shall be applied second to the payment
of debt charges payable on any outstanding public obligations issued or incurred for
the acquisition or construction of water supply facilities for or serving the district,
or for the funding of a bond retirement or other fund established for the payment
of or security for the obligations. Any surplus remaining may be applied to the acquisition or construction of those
facilities or for the payment of contributions to be made, or costs incurred, for
the acquisition or construction of those facilities under cooperative contracts. Moneys in the water fund shall not be expended other than for the use and benefit
of the district. (H) A board of county commissioners may adopt a cost allocation plan that identifies,
accumulates, and distributes allowable direct and indirect costs that may be paid
from the water fund of the sewer district created pursuant to division (G) of this
section, and that prescribes methods for allocating those costs. The plan shall authorize payment from the fund of only those costs incurred by the
district, the county sanitary engineer or sanitary engineering department, or a federal
or state grant program, and those costs incurred by the general and other funds of
the county for a common or joint purpose, that are necessary and reasonable for the
proper and efficient administration of the district under this chapter. The plan shall not authorize payment from the fund of any general government expense
required to carry out the overall governmental responsibilities of a county. The plan shall conform to United States office of management and budget Circular
A-87, “Cost Principles for State, Local, and Indian Tribal Governments,” published
May 17, 1995.
Frequently Asked Questions About Ohio § 6103.02
What does Ohio Revised Code § 6103.02 cover?
Section 6103.02 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 6103.02?
A common citation format is "Ohio Revised Code § 6103.02" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 6103.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.