Label
DPU10062026CAPDEBTRELIEFAMENDMENT
DPU/Utilities Administration
Cindy Geronimo (x2363)
Title
Repealing Section existing Section 933.10(d) of the Toledo Municipal Code and replacing it with new Section 933.10(d) which contains current program language relating to DPU’s temporary debt relief program, and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Ordinance 387-21 modified Toledo Municipal Code 933.10 to expand the Department of Public Utilities’ customer assistance programs. They have been very successful in helping customers get caught up with their water and sewer bills. Subsection (d) was created several years ago prior to the Automated Meter Installation project and the launching of DPU’s new billing software. Subsection (d) is modified to update the program.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1.That Toledo Municipal Code Section 933.10(d), which currently reads as follows, shall be repealed:
Section 933.10(d).
(1) The Director of Public Utilities is authorized and directed to establish a temporary program providing qualified relief from accumulated arrearages to assist eligible low-income, senior citizen and disabled residential customers of the City’s sewer system, water system [and][or] storm water system in avoiding termination of service and re-establishing regular, manageable and affordable monthly payment of the charges for the services and products of those Systems. The program shall be limited to single-metered customers who on October 1, 2021, had an account with the City’s Department of Public Utilities with accumulated arrearages of more than $200 for sewer system, water system and storm water system charges (including any late payment fees, charges and penalties) and (i) whose household income is at or below 200% of the Federal Poverty Level, based on income and size of household, as established by the Federal Poverty Guidelines, or (ii) who are senior citizens whose household income is at or below 300% of the Federal Poverty Level, based on income and size of household, as established by the Federal Poverty Guidelines, or (iii) who have been certified by a state or federal agency to have a permanent and total disability and whose household income is at or below 300% of the Federal Poverty Level, based on income and size of household, as established by the Federal Poverty Guidelines. For purposes of this Section 933.10(d), “customer” means (i) the resident owner of a residential property receiving products or services of the City’s sewer system, water system [and][or] storm water system and holding the applicable utility account or (ii) in the case of a single-metered residential rental property receiving products or services of the City’s sewer system, water system [and][or] storm water system, the person (whether landlord or tenant) contractually responsible for payment of the applicable sewer system, water system [and][or] storm water system charges.
(2) The Director of Public Utilities shall establish a deadline not later than October 1, 2022 for the receipt of applications for participation in the program and prescribe the methods to be employed by the Department of Public Utilities for the processing of applications and the determination and confirmation of the eligibility and qualifications of applicants and.
(3) Customers who are determined by the Department of Public Utilities to be eligible and have been qualified for participation in the program shall receive a notice of approval. If after receiving such a notice of approval, a program participant shall pay timely the applicable current charges for each monthly billing period shown on each subsequent bill for (i) the services of the City’s sewer system, (ii) the services and products the City’s water system and (iii) the services the City’s storm water system, the participant shall receive, in addition to credit for payment of such current monthly charges, a qualified credit measured as follows: (i) for a participant whose arrearages on August 1, 2021 were $1,000 or less, a qualified credit equal to one-twelfth (1/12) of those arrearages and (ii) for a participant whose arrearages on October 1, 2021 were more than $1,000, a qualified credit of one twenty-fourth (1/24) of those arrearages; such that at the end of the applicable 12-month or 24-month period the participant’s arrearages shall be deemed to have been forgiven; provided, however, that if a participant shall fail to comply with the requirements of the program at any time during the applicable 12-month or 24-month period, including by reason of non-payment or late payment of current monthly charges, the participant shall be removed from the program and all prior credits shall be rescinded such that the full amount of the participant’s arrearages on August 1, 2021 shall be restored.
(4) While participating in the program, the arrearage shall not be subject to late payment charges, penalties, or other enforcement measures; provided that if participant shall be removed from the program and the prior credits rescinded, late payment charges, penalties, or other enforcement measures may resume as of the day of such removal.”
SECTION 2. That the Toledo Municipal Code 933.10(d) is hereby replaced with the following:
Section 933.10 (d). The Director of Public Utilities is authorized to establish a temporary debt relief program when deemed necessary, depending on funding availability, to provide relief from accumulated arrearages to assist delinquent residential customers of the City’s sewer, water and storm water systems, to avoid termination of service. The program will re-establish regular, manageable and affordable monthly payments of old charges for Toledo utility bills. The program shall be limited to single-metered customers with the details of such programs to be determined by the Director of Public Utilities.
SECTION 3. That this Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this ordinance were taken, and that all deliberations of this Council and any of its committees that resulted in those formal actions were held, in meetings open to the public in compliance with the law.
SECTION 4. That this ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and property of the City, and for the further reason that this ordinance is required to be immediately effective in order to preserve the public peace; wherefore, this ordinance shall be in full force and effect immediately upon its passage or at the earliest time allowed by law.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council