A.
Water service to any property may be discontinued
by the Town upon notice to the owner, his authorized agent, or occupant,
for any of the following causes:
(1)
Use of water for any purpose other than that described
in the permit.
(2)
Willful waste of water through faulty pipes, fixtures
or otherwise.
(3)
Tampering with or damaging any service pipes, seals,
or any other property of the Town.
(4)
Refusal of reasonable access to the property for the
purpose of inspections and maintenance by the Town or its authorized
representative.
(5)
Making, or refusing to sever, any cross connections
between a pipe or fixture carrying water furnished by the Town and
a pipe or fixture carrying water from any other structure.
(6)
The nonpayment of water service, charges, fines or
penalties or any of them.
(7)
Extending water pipes to other buildings without obtaining
a proper permit.
(8)
Failure to correct piping and fixtures in a water
distribution system that could allow contamination of the water source.
(9)
Violation of any regulation governing water service.
C.
When the Town discontinues or terminates water service
for any reason, it does so without liability to any owner or occupant
as may own or occupy the building to which such connection is made.
D.
No customer shall be entitled to recover damages,
or to have any portion of the water charges refunded for any stoppage
of water service.
E.
Water service may be discontinued to any premises
for which the water bill or the sewer bill remains unpaid for a period
of 30 days after the bill is mailed. When water service is discontinued,
water service shall not be reconnected except upon payment of any
disconnect fee, reconnect fee and all charges and penalties for water
service or sewer service, or both, which are delinquent.
F.
No water service shall be discontinued until notice
to the occupants of said building of the intention to terminate at
least 72 hours prior to the time such service is to be discontinued
and in no event shall termination occur between 12:00 noon on Friday
and 12:00 noon on the following Monday.
G.
If after a permit to use water is issued, it is ascertained
that water is being used on any premises not authorized by the permit
or in a greater amount or for a different purpose than that provided
for in the permit, or if any water user fails or refuses to pay water
charges for the use of water, as the same shall become due, it shall
be the duty of the Town Administrator to terminate water service;
providing, however, that the Town shall give notice to the owners
of the premises prior to the time the water service is terminated.
A.
Whoever willfully makes any misrepresentation in any
application or makes or maintains any connection with any water main
contrary to the authority granted by permits issued therefore by the
Town of Selbyville, or without a permit therefor in accordance with
the provisions of this Part 1, shall be fined not less than $50 nor
more than $200 and shall pay the costs of prosecution and the appropriate
Victim's Compensation Fund assessment.
B.
Any person violating any of the provisions of this
Part 1 shall become liable to the Town for any expense, loss or damage
occasioned by the Town by reason of such violation, including but
not limited to attorneys' fees and costs of prosecution.
C.
Each day or part of a day that an offense occurs or
continues shall be deemed to be a separate offense.
D.
Violations of section on water emergencies are infractions
punishable by a fine but not imprisonment. Violators shall be fined
not less than $50 nor more than $200 and shall pay the costs of prosecution,
including the Town's reasonable attorney's fees and the appropriate
Victim's Compensation Fund assessment. The owner or tenant of properties
cited for illegal watering or irrigation under this section shall
be required to pay a penalty in the amount set forth by resolution
and, if the allegations in the citation are not contested, may forfeit
the penalty in lieu of trying the charges. Fines shall be paid to
the Town of Selbyville by cash or check to the Town's post office
box which shall be stated on all citations or at the Town Hall. Unpaid,
uncontested fines may be debited against the municipal account of
the cited party and will be subject to collection pursuant to Town
water bill collection policies.
A.
All bills for water service shall be sent to the owner
of the property who shall be responsible for payment. Any bill for
water service to be sent to a tenant of the owner requires the prior
consent of the owner to the Town.
[Amended 5-5-2008]
(1)
The Town Clerk shall read or cause to be read every
water meter within or without the corporate limits of the Town of
Selbyville at such times as are necessary in order that bills may
be sent at the proper time.
(2)
The Town shall send a quarterly billing for water.
Payment is due within 30 days from receipt of the bill. Interest shall
be assessed against all accounts which are more than 30 days past
due at the rate of 1 1/2% per month, which is an annual rate
of 18%. An account is due and payable upon mailing of the quarterly
statement, and interest will be assessed if the bill, or any portion
of the bill, remains unpaid 45 days from mailing.
(3)
All the rates and charges specified in this Part 1
shall be paid by the owner of the premises on which the water is used.
All such water rates and charges from the time such shall be due and
chargeable shall become and remain a lien upon the premises until
such rates and charges shall be paid. Water rates and charges may
be collected against any owner by suit, such action to be in the name
of the Town in any court having jurisdiction thereof.
B.
Shutoff.
(1)
In the event of nonpayment of any billing for Town
service exceeding 30 days, the Town may maintain an action to recover
the amount owed, and, after giving written notice to the owner of
the property and the occupant thereof, may terminate service. Notice
of termination of service shall be served upon the occupant of the
property in person, or shall be posted on the property, and notice
shall be given to the owner of the property by mail to the last known
address prior to such termination.
(2)
Water service may be discontinued to any premises
for which the water bill or the sewer bill remains unpaid for a period
of 30 days after the bill is mailed. When water service is discontinued,
water service shall not be reconnected except upon payment of any
disconnect fee, reconnect fee and all charges and penalties for water
service or sewer service, or both, which are delinquent.
(3)
No water service shall be discontinued until notice
to the occupants of said building of the intention to terminate at
least 72 hours prior to the time such service is to be discontinued,
and in no event shall termination occur between 12:00 noon on Friday
and 12:00 noon on the following Monday.
(4)
Charges for water shall be a lien upon the premises
pursuant to 25 Del. C. Chapter 29 or any subsequent corresponding
provision of law. Such lien shall have preference and priority over
all such other liens on real estate or upon improvements located on
land under lease. Any lien for unpaid water rates and charges against
any premises may also be collected as provided by the statutes of
the State of Delaware for the collection of taxes and other liens
and assessments against real estate.
