[Adopted 11-3-1965 by Ord. No. 15-1965]
[Amended 9-6-2000 by Ord. No. 15-2000]
The operation of the Water Department of the
City of Brigantine shall be under the supervision of the Director
of Public Works, who shall report to the City Manager of the City
of Brigantine.
[Amended 9-6-2000 by Ord. No. 15-2000]
The supervision of the Water Department of the
City of Brigantine shall be vested in the City Manager of the City
of Brigantine by and through the Director of Public Works.
A.
Written application for service connection shall be
made to the City before any such connection shall be installed.
B.
All applications shall be understood to embody all
rules and regulations and this article pertaining to the water plant,
whether this article is fully set forth in the application or not.
C.
Upon receipt of proper application by the owner of
the property to be supplied, or his duly authorized agent, or purchasers
under contract, or mortgagees in possession, or duly authorized receivers
or trustees, the City will make the main tap and permit the applicant
to install the service connection and service line from the main to
the curb.
D.
A service line will be used to supply a single customer
only, and no customer shall be supplied by more than one service line
unless agreed upon between the customer and the City. However, nothing
herein shall be interpreted to negate the requirement that every newly
constructed dwelling unit within the City of Brigantine shall have
its own separate individual water and sewer service and shutoff valve.
[Amended 9-6-2000 by Ord. No. 15-2000]
E.
"Customer" or "consumer" as used herein shall be the
party receiving services from the City of Brigantine. Every newly
constructed dwelling unit in the City of Brigantine shall have its
own separate individual water and sewer service and identified shutoff
valve.
[Amended 9-6-2000 by Ord. No. 15-2000]
A.
When a water connection has been previously installed and water is desired, a proper application must be signed as set forth in § 290-10B.
B.
All contracts and agreements covering water supply
shall expire on the first day of January next succeeding the date
of application, but all such contracts and agreements shall continue
in force and effect from year to year after expiration of that date,
unless 30 days' notice in writing shall be given by the customer of
his desire to so terminate the same; provided, however, that nothing
herein shall operate to prevent the City from discontinuing service
at any time, and under conditions and for reasons laid down in its
rules and regulations or in this article, and provided, further, that
nothing herein shall be construed to prevent the making of contracts
for extensions of service or other special conditions. Nothing herein
shall be interpreted as allowing an individual property owner or other
customer receiving water from the City water supply of leaving said
City water system and establishing their own well, septic system or
receipt of the provision of water sources from another source.
[Amended 9-6-2000 by Ord. No. 15-2000]
C.
A supply of water for building or other special purposes,
except on a lot or premises already supplied with water by meter,
must be specially applied for.
D.
All use of water other than by the applicant, or for
any purpose, or upon any premises not stated or described in the application,
must be presented by him. No owner or tenant of any premises supplied
with water by the City shall supply other persons or families or other
premises, except as may be stated in the application. The applicant
shall be liable for the amount of water used in conformity with the
schedule or rates of the City.
E.
The City will not furnish service through a service
pipe installed in adjoining or adjacent property to that of the owner
of the premises to be served unless such owner obtains a perpetual
easement for the installation and maintenance of said service line
in a form satisfactory to the City.
A.
Water main taps will be made by the City or its authorized
agent only in every case. Notice by the customer or his authorized
agent shall be delivered to the office of the City on the day before
any service is to be installed, which notice shall set forth the exact
time when the trench will be open and ready for the making of the
tap.
B.
The City shall furnish and deliver to the premises
of any customer acquiring new water service any and all equipment
necessary so that the City may provide a connection to said property
as well as meter the use of said water at the premises, all at the
expense of the customer as set forth in various sections of this Code
of the City of Brigantine. All such equipment, supplies and materials
shall at all times, remain the property of the City of Brigantine.
[Amended 9-6-2000 by Ord. No. 15-2000]
C.
Size of service line. The service line installed by
the customer from the property line shall be of a type of pipe and
size of pipe as designated and accepted by the City.
[Amended 9-6-2000 by Ord. No. 15-2000]
A.
The installation of the service pipe shall be subject
to the approval of the City, and the installation shall be and remain
the property of the City and shall be maintained by the City.
B.
The curb stop shall be for the exclusive use and under
the control of the City, and under no circumstances shall any persons
(other than a licensed or registered plumber) not authorized by the
City, turn off, turn on or in any way tamper with said stop.
C.
No person or persons except the Superintendent or
other person authorized by an official of the City shall, without
permission, connect or disconnect the meter, pipe or conduits of the
City, or in any other manner without such permit, tamper or interfere
with the meters or dials thereof, pipes or conduits, or shall without
permit connect with the meter, pipes or conduits of the City by pipes,
conduits or other instruments for the purpose of obtaining water.
D.
It shall be the duty of the customer to have installed
and properly protect the meter from injury, and the customer shall
be liable for damage to or for the loss of the meter or meters occurring
by reason of the customer's negligence.
The City may refuse to connect with any customer's
piping system, or furnish water through one already connected, when
it is not in accordance with the plumbing rules of the City and those
of the water plant, or when the piping system on the premises is not
at sufficient depth to prevent freezing.
The City will not be held responsible for resulting
inadequacy of service if customers make additions or alterations to
the equipment on their premises without notifying the City of the
proposed changes or additions before they are made and obtaining the
City's assent thereto.
The City shall have the right of access to the
customer's premises and to all property furnished by it at reasonable
times for the purpose of reading meters or inspecting or replacing
appliances used in connection with the supply of water, or for the
removal of its property at the time service is to be terminated. The
customer shall obtain or cause to be obtained all necessary permission
to enable the City to gain access to the appliances referred to. Customers
shall not permit access to the meter and other appliances of the City
except by authorized employees of the City or properly qualified state
or local inspectors. In case of defective service, customers should
not interfere with the apparatus belonging to the City but immediately
notify the office of the City.
A.
The City undertakes only to use reasonable care and
diligence to provide a constant supply of water through its pipes,
but does not undertake to render any special service or to maintain
any fixed or definite quantity of pressure, and in the event of the
occurrence of any break, failure or accident, or injury by act of
God or the public enemy, the City shall not be liable for any damages
resulting therefrom. The City, however, reserves the right, at any
time without notice, to shut off the water in its mains for the purpose
of making repairs or extensions or for other purposes.
[Amended 9-6-2000 by Ord. No. 15-2000]
B.
Service under an application may be discontinued for
any of the following reasons:
(1)
For the use of water for any other property or purpose
than that described in the application.
(2)
For willful waste of water through improper or imperfect
pipes, fixtures or otherwise.
(3)
For failure to maintain in good order connections,
service lines or fixtures owned by the applicant.
(4)
For molesting any service pipe, meter, curb stopcock,
seal or any other appliance of the City.
(5)
In case of vacancy of premises.
(6)
For neglecting to make payments or for nonpayment
for water service or any other charges accruing under the application.
(7)
For refusal of reasonable access to property for purpose
of inspecting or for reading, caring for or removing meters.
D.
Charges for turning water on and off; temporary water
shutoff.
[Amended 2-18-1981 by Ord. No. 2-1981; 12-28-1992 by Ord. No. 28-1992; 9-6-2000 by Ord. No. 15-2000]
(1)
Charges as set forth in Chapter 210, Mercantile Businesses, shall be applicable for any water services or connections in the City of Brigantine.
(2)
In the case of breakdown, emergency or for any other
unavoidable or unexpected cause, the City shall have the right to
temporarily terminate water supply to any property and to take any
necessary action, including repairs, connections or otherwise. In
such event, the City will use all reasonable measures to notify any
customers of the discontinuance of service and the probable duration
of such discontinuance. In the event that the water supply fails or
is turned off for any reason, any customer owning hot water faucets
shall open the same at once. Any persons having boilers within their
premises which depend upon water pressure in the pipes from water
supplied by the City of Brigantine shall be responsible for any and
all damage in the event of termination or temporary shut down of water
services. The City is specifically indemnified and held harmless from
any damages or inconvenience regarding the same.
E.
Service will be renewed when the conditions under
which service was discontinued are corrected and upon payment of all
charges provided in the schedule of rates, rules and regulations of
the City due from the applicant.
F.
As necessity may arise in case of breakdown, emergency
or for any other unavoidable cause, the City shall have the right
to temporarily cut off the water supply to make necessary repairs,
connections, etc., using all reasonable and practicable measures to
notify the customer of such discontinuance of service and the probable
duration of the discontinuance.
G.
All persons having boilers within their premises which
depend upon the pressure in the pipes of the City to keep them supplied
are hereby cautioned against collapse. In such case, the City shall
not be liable for any damages or inconvenience suffered.
H.
In the event of failure of water supply, hot-water
faucets shall be opened at once.
A.
All new service shall be metered at the time or before
the water is turned on for regular use.
B.
The City will furnish and install for each customer
supplied with water, on a measured basis, a suitable meter and will
keep the same in repair, except in case of misuse, in which case the
expense of repair shall be paid for by the customer.
C.
A stopcock or gate valve shall be placed on the service
line on the streetside of and near the meter. A suitable check valve
shall be placed on the building side of the meter, and within the
meter box. If a stop-and-waste cock or valve is installed on the building
side of the meter, it shall be placed within the building property
line of the owner's plot.
[Amended 2-18-1981 by Ord. No. 2-1981; 12-28-1992 by Ord. No. 28-1992; 9-6-2000 by Ord. No. 15-2000]
Where water is furnished by the City of Brigantine,
a meter shall be in place recording the quantity of the amount of
water passing pursuant to said meter. Where a meter has been found
to be registering inaccurately or has ceased to register, the quantity
of water usage may be determined by the average registration of the
meter when in order or by such fair and reasonable method as shall
be based upon the best information of the City of Brigantine. Such
determination of the City of Brigantine as to the amount of water
used shall be final and binding.
A.
Metered service. Bills for metered service shall be
rendered semiannually with the first bill showing a minimum flat fee
charge and the second bill showing a minimum flat fee charge plus
an additional charge for any excess water usage for the entire year.
[Amended 9-6-2000 by Ord. No. 15-2000]
B.
Customers will be held responsible for all charges
accruing for water service until written notice has been given to
the office of the City to discontinue the supply or notice has been
given of a change of occupancy of said premises.
C.
If any bill issued for water or sewer services remains
unpaid, interest will be charged at the maximum allowable rate pursuant
to law. Any property where water or sewer is supplied and there is
an outstanding bill may be subject to sale pursuant to law or any
other remedy pursuant to law to be enforced by the Office of the Tax
Collector of the City of Brigantine.
[Amended 2-18-1981 by Ord. No. 2-1981; 12-28-1992 by Ord. No. 28-1992; 9-6-2000 by Ord. No. 15-2000]
No cross-connections or interconnections connecting
the pipelines or facilities or the City with other pipelines or facilities
supplied with water from other sources shall be permitted without
the express consent of the City and subject to the City requirements
as to valves, pipe and fittings to be used for such purpose, after
permission granted by the New Jersey State Department of Health.
All pipes, meters and fixtures shall be subject
at all reasonable hours to inspection by employees of the City identified
by proper badges or credentials. No plumber, owner or other unauthorized
personnel shall turn the water on or off at any corporation stop or
curb stop, or disconnect or remove the meter without the consent of
the City. No agent or employee of the City shall have authority to
bind it by any promise, agreement or representation not provided for
in this article.
When the supply of water is to be temporarily
cut off, notice will be given when practicable to all customers affected
by the shutting off, stating the probable duration of the interruption
of service and also the purpose for which the shutoff is made.
[Amended 9-6-2000 by Ord. No. 15-2000]
Every newly constructed dwelling unit in the
City of Brigantine shall have its own separate individual water and
sewer service and identified shutoff valve.
A.
General meter service.
(1)
Effective June 1, 1994, the minimum charges, with quantities of water allowed, payable semiannually on June 1 and December 1, shall be as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule.
[Amended 5-1-1968 by Ord. No. 4-1968; 2-18-1981 by Ord. No. 2-1981; 4-15-1981 by Ord. No. 1981; 3-19-1986 by Ord. No. 5-1986; 2-2-1989 by Ord. No. 3-1989; 12-19-1990 by Ord. No. 21-1990; 12-28-1992 by Ord. No. 28-1992; 9-7-1994 by Ord. No. 22-1994]
(2)
In addition to the semiannual minimum charge, there shall be an annual charge for water used in excess of the above allowance, which will be included in the June 1 billing. The rates at which water will be furnished, in excess of the minimum allowable consumption, pursuant to application of excess water meter readings, shall be as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule.
[Amended 5-1-1968 by Ord. No. 4-1968; 2-18-1981 by Ord. No. 2-1981; 3-19-1986 by Ord. No. 5-1986; 2-2-1989 by Ord. No. 3-1989; 12-19-1990 by Ord. No.
21-1990; 12-28-1992 by Ord. No. 28-1992; 9-7-1994 by Ord. No. 22-1994]
(3)
Terms of payment. All bills for service under the
schedule are to be rendered semiannually or at the option of the City,
and such bills are due and payable in full within 30 days from the
date rendered.
B.
Meter installation service.
(1)
Effective May 1, 1981, the charges for the service by the City to the customer for the installation of meters, including all materials, meter and labor therefor, shall be as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule.
[Amended 10-21-1970 by Ord. No. 11-1970; 2-18-1981 by Ord. No. 2-1981; 12-28-1992 by Ord. No.
28-1992]
(2)
In addition to the charges scheduled above, there shall be an additional charge for restoration of streets where excavation is necessary as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule.
[Added 10-21-1970 by Ord. No. 11-1970; amended 2-18-1981 by Ord. No. 2-1981; 12-28-1992 by Ord. No. 28-1992]
(3)
Terms of payment. Payment for installation of meters
shall be in advance and accompany the application therefor.
C.
Service to private fire protection facilities.
(1)
Effective January 1, 1966, and henceforth, each person requiring private fire protection facilities shall pay for each connection to be used exclusively for the extinguishment of fires, in addition to the charges as set forth in this article for the installation of the service connection from the main to the curb, the sum as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule, quarter annually.
[Amended 2-18-1981 by Ord. No. 2-1981; 12-28-1992 by Ord. No. 28-1992]
(2)
No additional charges shall be made for sprinkler
heads, fire hydrants or other firefighting facilities which may be
attached to a private fire service connection, and no charge shall
be made for water in extinguishing fires where service is furnished
under this section.
(3)
The size of a private fire service connection shall
in no case exceed eight inches in diameter.
(4)
The rate provided in Chapter 210, Mercantile Businesses, Article II, Fee Schedule, shall be available only for service connections used exclusively for the extinguishment of fires. No service for fire extinguishing purposes may be used for any other purpose such as the general supply of water. All fire suppression systems installed in the City of Brigantine after the effective date of this article, will be engineered to include a meter so that the Department of Public Works may determine the amount of usage for such fire suppression system. Such system must be designed in such a way that the meter will not compromise the fire extinguishing performance of said fire suppression system in any fashion.
[Amended 9-6-2000 by Ord. No. 15-2000]
(5)
Terms of payment. All charges for private fire protection
service furnished under this section are to be rendered quarterly
or at the option of the City, and such bills are due and payable in
full within 30 days of the date rendered.
D.
Miscellaneous charges.
[Amended 2-18-1981 by Ord. No. 2-1981]
(1)
Where water is furnished for building purposes, it shall, wherever practical, be supplied through a meter and the rates and charges to be made and terms of payment shall be those provided at basic minimum charges as set forth in Subsection A, General meter service.
(2)
Whenever a meter is physically taken from a property
by the City of Brigantine, there shall be a charge for the same, and,
additionally, the customer shall be responsible for the payment of
any and all maintenance and/or cleaning which must be performed concerning
said meter prior to its replacement.
[Amended 12-28-1992 by Ord. No. 28-1992; 9-6-2000 by Ord. No. 15-2000]
(3)
Hydrant and foundation permits. The charge for water usage for hydrant and foundation permits shall be set forth in Chapter 210, Mercantile Businesses, Article II, Fee Schedule. In addition to the same, no hydrant or foundation permit or connection shall be made without notification being provided by the individual or entity which is to make said connection to the Department of Public Works of the City of Brigantine and the Brigantine Construction Office. At the time of the request for such service, a deposit of $500 shall be paid for the meter which is to be placed upon the hydrant so that said water usage can be metered. Upon the payment of the deposit of $500 and a fee as set forth in Chapter 210, Mercantile Businesses, Article II, Fee Schedule, and the completion of any application, said applicant will be provided a plaque or other permit indicating that a valid permit has been received, and it will be the responsibility of said applicant to place said plaque or permit on the hydrant during use so that all members of the Public Works Department of the City of Brigantine, Brigantine Fire Department and Brigantine Construction Office will know that a valid permit has been issued and obtained. Any permits issued pursuant to this section of the Code of the City of Brigantine shall be valid for only 15 days from the date of issuance, and the same shall expire after 15 days, and a renewal permit must be obtained. Said fifteen-day time period may be extended for good cause in the sole discretion of the Director of the Department of Public Works. Payment of any and all fees and deposits required by this section of the Code of the City of Brigantine shall be made at the Construction Code Office at the time of the application for any permits which are obtained for the jetting or driving of pilings or the placement of foundations or cement mixing. Members of the Brigantine Police Department, Director of Public Works or his designee or the Chief of the Fire Department of the City of Brigantine or his designee and/or the Construction Official will have the power to issue summons for violations of this article. Any damage which occurs to any hydrant during use pursuant to a permit issued pursuant to this section of the Code of the City of Brigantine shall be the sole responsibility of the applicant using such fire hydrant, and the cost of any such damage may be deducted from the five-hundred-dollar deposit. If any such damage exceeds $500, the applicant will be responsible for the same, and no further permits for use of hydrants will be issued to said applicant or any subsidiary or successor corporation of the same until the damage not covered by said deposit has been paid in full.
[Amended 12-28-1992 by Ord. No. 28-1992; 9-6-2000 by Ord. No. 15-2000]
(4)
Where an account is canceled for more than one full calendar year, a reconnection charge as set forth in § 290-17D shall be made in addition to the charge for the proportionate part of the full semiannual minimum.
[Amended 2-18-1981 by Ord. No. 2-1981; 12-28-1992 by Ord. No. 28-1992]
Any person violating the provisions of this
article shall be liable, upon conviction thereof, to a fine of not
more than $1,000 or to imprisonment in the City or county jail for
a term of not more than 90 days, or both.
