[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-20-1984 by Ord. No. 4-84 (Ch.
26, Part 1, of the 1996 Code)]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Borough of Jersey Shore, Lycoming County, Pennsylvania,
a political subdivision acting by or through its Council or by and
through its authorized representatives.
Any person vested with ownership, legal or equitable, sole
or partial, of any property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Any property located within this Borough upon which is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals.
All facilities, as of any particular time, for distributing,
transporting, pumping and/or treating of water, situate in this Borough
and owned, maintained and operated by the Authority.
A.
The owner of any property which is located in this
Borough and abutting upon any street in which there is a water main
of the water system, shall connect such property therewith, in such
manner as the Authority and Borough may require, within 60 days after
notice to the owner from this Borough to make such connection, for
the purpose of providing public water service to such property, subject
to such limitations and restrictions as shall be established by the
Authority, from time to time.
B.
All properties shall be connected with the water system,
subject to such limitations and restrictions as shall be established
herein or as otherwise shall be established by the Authority, from
time to time.
C.
The notice by this Borough to make a connection to the water system, referred to in Subsection A, shall consist of a copy of this article, including any amendments at the time in effect, and a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after the water system is in place which can convey adequate water to the particular property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
A.
All costs and expenses of construction of a water
line not part of the water system and all costs and expenses of connection
of such water line to the water system shall be borne by the owner
of the property to be connected; and such owner shall indemnify and
safe harmless this Borough and the Authority from all loss or damage
that may be occasioned, directly or indirectly, as a result of construction
of a water line or of connection of a water line to the water system.
B.
A water line shall be connected to the water system
at the place designated by the Authority.
C.
If the owner of any property located in this Borough and abutting the water main of the water system, after 60 days notice from this Borough in accordance with § 290-2A, shall fail to connect such property, as required, this Borough may take or cause to be made such connection and may collect from such owner the costs and expenses thereof. In such case, this Borough shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill within 30 days, the Authority shall reimburse the Borough for the cost of construction, and the Borough shall file a municipal lien for said construction within six months of the date of completion of the construction of such connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens, and said municipal liens shall be for the use of the Authority.
A.
No connection to the water system shall be covered
until it has been inspected and approved by the Authority. If any
part of a connection is covered before so being inspected and approved,
it shall be uncovered for inspection at the cost and expense of the
owner of the property to be connected to the water system.
B.
Every excavation for a connection shall be guarded
adequately with barricades and lights to protect all persons from
damage and injury. Streets, sidewalks and all other public property
disturbed in the course of installation of a connection to the water
system shall be restored, at the cost and expense of the owner of
the property being connected, in a manner satisfactory to the Borough.
C.
If any person shall fail or refuse, upon receipt of
a notice from the Authority, in writing, to remedy any unsatisfactory
conditions with respect to a connection to the water system, within
60 days of receipt of such notice, the Authority may refuse to provide
such person with water service until such unsatisfactory conditions
shall have been remedied to the satisfaction of the Authority.
D.
This Borough reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with the water system, which additional
rules and regulations, to the extent appropriate, shall be and shall
be constructed as a part of this article.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
A.
Any person who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
not exceeding $1,000 plus costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
B.
Fines and costs imposed under the provisions of this
article shall be enforceable and recoverable in the manner at the
time provided by applicable law.
This article is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of this Borough. This article has been enacted with the
intention of assisting the Jersey Shore Area Joint Water Authority
in obtaining funding for its operations. The Borough intends to enter
into an agreement with the Jersey Shore Area Joint Water Authority
providing that said Authority will indemnify the Borough for any costs
incurred by the Borough arising out of the passage or enforcement
of this article, and for any liability that may be incurred by the
Borough as a result of actions taken pursuant to this article. The
Borough reserves the right to repeal this article in the event that
such an agreement to not executed in a timely fashion.
Property located within this Borough, upon which
there exists on the effective date of this article a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals, that is not connected to the water system shall constitute
a nonconforming use. Notwithstanding any other provisions of this
article, such nonconforming use existing at the time that this article
takes effect, may continue.
