[Ord. 2003-02, 3/4/2003, § I]
This Part shall be known as the "Township of Plumstead Water
Charges and Rents Ordinance."
[Ord. 2003-02, 3/4/2003, § II; as amended by Ord. 2008-10, 6/17/2008]
1.
Bills for water furnished for all purposes shall in general be rendered
on a quarterly basis, a quarter to consist of any period of approximately
90 days. A fractional part of a quarter equal to or exceeding 1/2
quarter shall be considered a full quarter for the purpose of determining
the minimum charge. Upon request of any user, the Township will remove
the water meter from the person's property and discontinue minimum
charges thereon, and will thereafter, upon request and payment of
a reconnection charge, established pursuant to a resolution of the
Plumstead Township Board of Supervisors, reinstall the meter or a
similar meter at the property and reestablish service.
2.
Usage, service and minimum charges shall be payable at the Municipal
Building to the date shown on the bill rendered. Thereafter the bill,
with penalty, shall become due and payable. Failure to receive a bill
shall not entitle an owner or user to extension of time for payment.
Any owner or user whose account for utility service is in arrears
shall pay the amount of each bill with penalty until all outstanding
indebtedness is paid.
3.
If an employee of the Township collects the amount of the delinquent
bill at the user's or owner's premises prior to termination of service,
a collection charge, established pursuant to a resolution of Plumstead
Township Board of Supervisors, shall be collected therewith.
4.
Failure to pay either usage, service, or minimum charges on any bill
within 10 days after the gross bill becomes due shall be cause for
termination of water service until payment is made of all outstanding
charges for water service; provided that in no case shall the water
supply be shut off until 10 days after written notice of an intention
so to do has been mailed, by first-class mail, postage prepaid, to
the person liable for payment and a written notice has been posted
at a main entrance to the premises where the water supply is to be
shut off. If, during such ten-day period, the person liable for payment
delivers to the Township a written statement which states under oath
or affirmation that such statement is not executed for purpose of
delay and that the person has a just defense to the claim for payment
or to part of such claim, and sets forth the defense with specificity,
the water supply shall not be shut off until such claim has been judicially
determined. Any termination of service to a "landlord ratepayer,"
as that term is defined in the Utility Service Tenants Rights Act,
shall comply with provisions of said Act, 68 P.S. § 399.1
et seq., as amended.
5.
If service is terminated under the conditions set forth in Subsection 4 above, a reconnection charge, established pursuant to resolution of the Plumstead Board of Supervisors, shall be paid before service is restored. Prior to restoration of any service, any owner or user whose account for utility service is in arrears shall pay the entire arrears. If an employee of the Township collects the amount of a delinquent bill at the user's or owner's premises prior to termination of service, a collection charge, established pursuant to resolution of the Plumstead Township Board of Supervisors, shall be collected therewith.
6.
If the Township has agreed to provide water service through a separate meter and separate service line to a residential dwelling unit in which the owner does not reside, the owner shall be liable to pay the tenant's bill for service rendered to the tenant by the Township only if the Township notifies the owner and the tenant within 30 days after the bill first becomes overdue. Such notification shall be provided by first-class mail, postage prepaid to the address of the owner provided to the Township by the owner and to the billing address of the tenant, respectively. If the owner has failed to provide a mailing address, the notice to the owner shall be sent to the address of the owner of the property maintained by the Bucks County Board of Assessment Appeals. Nothing herein shall be construed to require the Township to terminate service to a tenant; provided that the owner shall not be liable for any service which the Township provides to the tenant 90 days or more after the tenant's bill first becomes due unless the Township has been prevented by court order from terminating service to that tenant or if the Township was prevented from terminating service pursuant to Subsection 4 above.
[Ord. 2003-02, 3/4/2003, § III]
1.
Ownership of Facilities and Responsibility Therefor. All piping from
the main to the curb stop, including the curb shutoff and meter pit,
if any, shall be installed for the owner by the Township at the owner's
expense and shall remain the property of the Township and shall be
maintained by the Township. All piping from the curb stop to the property
served shall be installed for the owner at the owner's expense by
a plumber licensed by the Township of Plumstead and shall remain the
property of the owner and shall be maintained by the owner, except
that the Township of Plumstead reserves the right to repair, at the
owners expense, any leak on a customer's service pipe between the
municipal main and the water meter. A water meter shall be installed
in such piping, located in a suitable protective pit directly opposite
the point at which the connection is made to the main or where the
meter can be located inside the building, if the meter is equipped
with an outside remove reading device which conforms to municipal
standards. Each new water meter shall be furnished by the Township
of Plumstead at the expense of the owner, and the Township of Plumstead
will credit the property owner the amount equivalent to the cost of
a plain standard 3/4-inch water meter. The water meter and remote
shall remain the property of the Township. The Township shall have
the right to remove any such water meter for testing or for maintenance
and may furnish in its place another meter substantially or equal
thereto as the need for such replacement may occur, without incurring
liability therefor to the owner. The Township of Plumstead shall inspect,
test, adjust, maintain and/or replace such meters at its own expense,
except that any meter damaged in service through the negligent act
or omission of the property or the owner's tenant or agent shall be
replaced by the Township of Plumstead at the expense of the property
owner. Meter damage resulting from freezing or backflow of hot water
shall be considered to be the result of negligence on the part of
the owner or tenant. Where water meters are presently installed inside
buildings, the Township of Plumstead may, at its option, require the
installation of a meter with the approved outside remote reading device.
In such cases, the Township of Plumstead will contribute an amount
equal to half the cost of necessary materials and all of the labor
expense occurred by the installation.
2.
Meter Accuracy. The accuracy of the water meters on the Township's
systems shall be determined in accordance with the rules and regulations
of the Public Utility Commission of the Commonwealth of Pennsylvania.
Upon request of any user, the Township will remove the meter from
the user's premises and test the accuracy thereof. If the said meter
is found to register a greater quantity of water than passes through
it, to a degree exceeding the tolerance of accuracy prescribed by
the Public Utility Commission for such cases, no charge shall be made
for such test, and the bills rendered on the basis of the registration
of said meter for a period of not more than three months preceding
the removal thereof may be adjusted on an equitable basis. If the
said meter is found to register a smaller quantity of water than that
passed through it, or to be within the prescribed tolerances of accuracy,
a charge shall be paid by the user for the testing of the meter in
accordance with the schedule of charges adopted, from time to time,
by the Board of Supervisors of the Township of Plumstead. Upon prior
request, the water user may witness the water test during normal working
hours.
3.
Access to Premises. As long as water is piped to any building, the
proper officials of the Township of Plumstead shall at all reasonable
times have free access to the meters or service pipes to inspect,
test, read, repair, remove or replace the same, whether or not the
occupant of the building is a water user, and such access shall not
be impeded by coal, ashes or rubbish, nor in any other manner. Failure
to provide such free access shall be cause for termination of service
until suitable access is provided.
4.
Estimated Bills. In the event that a customer's water meter fails
to register or is not read at the scheduled time, the Township may
issue an estimated bill for the period involved based upon the records
of the same customer's usage for comparable past periods. Any inaccuracy
resulting from failure to read a user's meter at the regularly scheduled
time will be corrected and the preparation of the bill based upon
the next reading of the meter.
[Ord. 2003-02, 3/4/2002, § IV]
1.
Any account for water rents or service that is in arrears in excess
of $500 shall be liened against the property serviced by or connected
to the public water supply in the name of the property owner in accordance
with the Pennsylvania Municipal Claims and Tax Liens Law, 53 P.S.
§ 7101 et seq., as amended.
[Amended by A.O.]
2.
When the Township files a lien, it shall be entitled to add to the
amount of arrears its attorneys' fees pursuant to the schedule of
attorneys' fees then in effect with its Solicitor.
