Every owner of property in the Township of White (herein called
the "Township") which property has now or hereafter shall have a house,
building or other structure located thereon, which house, building
or other structure presently uses or in the future will use water
for human consumption and which property abuts and which house, building
or other structure is located within 150 feet of any portion of the
public water supply and distribution system (to be constructed by
the Indiana County Municipal Service Authority, titled: Water Renovation
II and depicted on pages 1 through 14 and pages 34 through 39 of ICMSA
Contract 1-2008), and such other state and Township roads as are now
approved or hereafter incorporated or added to said project in the
Township by the Indiana County Municipal Services Authority (hereinafter
called the "Authority") in the near future shall provide a connection
at the owner's cost to the house, building or other structure
located on the property with the aforementioned public water system.
It shall be unlawful for any owner of property to which the provisions of §
311-34 of this article apply to fail to provide the means of connection to the public water system by way of a service line and a tap to the Authority's distribution system and/or to fail to comply with the provisions of this article, including the payment of the tap fee and the monthly service fee to the Authority.
It shall be the duty of the Township Secretary or the authorized
representative of the Authority to notify the owner, lessee or occupier
of each structure covered hereunder, in writing, either by personal
service, certified mail or registered mail, to connect the same to
said public water system, as herein provided, within 90 days after
receipt of such notice. Any owner, lessee or occupier of a structure
who cannot comply with the provision of this section as to connection
within the ninety-day period stipulated above due to causes beyond
his control shall apply to the Township Secretary or Authority within
said ninety-day period for a time extension of up to six months in
duration. Said application shall be made on a form to be furnished
by the Township Secretary or the Authority and shall contain a voluntary
agreement on the part of the applicant under which the applicant shall
agree to commence paying the regular monthly water bill immediately
even though actual connection to the public water system will not
be accomplished until some later date within the said six month extension
period.
It shall be unlawful for any person, firm or corporation connected
to the public water system to connect to or permit the connection
by any other person, firm or corporation of any other source of water
supply for human consumption to the public water system.
No person, firm or corporation not presently connection to the
public water system shall make or cause to be made any connection
with the public water system until he has fulfilled all of the following
conditions:
A. He shall make application to the Township Secretary or the Authority
as the Township's Agent, upon a permanent form to be formulated
and supplied by the Township Secretary or the Authority, for permission
to connect to the aforementioned public water system. Among other
things, the applicant must state the character and use of each structure
located on his property.
B. He shall pay the required tap connection fee as provided under the
rules and regulations of the Authority.
C. No work shall commence before the payment of the aforesaid tap connection
fee and issuance of the aforementioned connection permit.
D. He shall give the designated inspector of the Township or the Authority
at least 24 hours' notice of the time when such connection shall be
made in order that said inspector can be present to inspect and approve
the work of connection. The inspector shall signify his approval of
the connection by endorsing his name and the date of approval on the
aforementioned connection permit in the possession of the permittees.
E. At the time of the inspection of the connection, the owner or owners
of the property shall permit the inspector full and complete access
to all water system facilities in each building and in and about all
parts of the property. No water connection line shall be covered over,
or in any way concealed, until after it has been inspected and approved
by said inspector.
The construction of all connections between the building and
the public water system shall be done in accordance with the specifications,
plans and procedures established by the Authority in its water system
rules and regulations, as the same may be from time to time published
and amended, copies of which will, upon adoption of the Authority,
be maintained on file with the Township Secretary.
If the owner or owners of any houses, buildings, or structures in the Township shall neglect or refuse to comply with the provisions of this article or the written notice as prescribed in §
311-36 hereof, the Township or the Authority may perform or cause to be performed such work and labor and furnish or cause to be furnished such material as may be necessary to comply with the provisions of this article at the cost and expense of such owner or owners, together with 10% additional thereof on all charges and expenses incidental thereto, which sum shall be collected from said owner or owners for the use of the Township or the Authority as debts are by law collectible, or the Township or the Authority may, by its proper officer, file a municipal claim or lien therefor against said premises as provided by law.
If one or more mobile homes, located in a mobile home park,
are subject to the provision of this article by reason of being located
within 150 feet of the public water system of the authority, all mobile
homes in such mobile home park shall be subject to the provisions
of this article regardless of whether or not located within 150 feet
of the public water system of the Authority.
In addition to any penalty hereinabove prescribed, any person, firm or corporation failing to make the proper connection within the time specified, after receipt of proper notice as provided in §
311-36 hereof, shall, upon conviction thereof before a Magisterial District Judge, pay a fine or penalty of not less than $25 nor more than $1,000 plus costs and, upon default of payment of either thereof, to a term of imprisonment not to exceed 90 days.