[HISTORY: Adopted by the Borough Council
of the Borough of Evans City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-31-1986 as Ord. No. 389 (Art.
913 of the 1976 Code)]
When used in this article, the following words
shall have the following meanings:
Any user of water supplied by facilities owned or operated by the Municipal Authority of the Borough of Evansburg or Evans City Borough. It shall mean all residential, commercial and industrial users. It shall include all commercial uses authorized under Chapter 195, Zoning, as a home occupation. It shall not include incidental commercial use of a residence which would not require registration or approval under such home occupation provisions. Each unit of a structure with more than one lawful use shall be included in the meaning of "consumer," regardless of whether or not such consumer actually arranges piping to provide water service in that section of the structure or area designated for the use; provided, however, that residential structures owned and operated by any public housing authority shall be deemed one consumer only, regardless of the number of dwelling units serviced.
The person, association, corporation or other entity holding
legal title to any real property where one or more consumers are located.
On and after January 1, 2003, rates to consumers
shall be as follows:
A.
A monthly base water rate shall apply to consumers
for water service and 999 gallons of water or less and shall be $13
for Evans City residents and $18 for all others.
B.
Six dollars per 1,000 gallons of water for any amount
of water usage exceeding 1,000 gallons but not exceeding 10,000 gallons
per month.
C.
Six dollars and fifty cents per month per 1,000 gallons
of water for any amount of water usage exceeding 10,000 gallons but
not exceeding 20,000 gallons per month.
D.
Six dollars and seventy-five cents per month per 1,000
gallons of water for any amount of water usage exceeding 20,000 gallons
but not exceeding 100,000 gallons per month.
E.
Seven dollars per month per 1,000 gallons for all
water used in excess of 100,000 gallons per month.
[Amended 12-6-1993 by Ord. No. 442; 6-7-2010 by Ord. No.
538]
The Borough Secretary or her designee shall
render a bill to each owner by first-class mail on or before the first
of each month. If the bill is not paid by the 10th of the month, a
penalty of 1 1/2% of the total due for each month of delinquency
shall be added. This penalty shall be waived, provided that the owner
demonstrates that the payment is made within 10 days of the postmark
of the bill.
[Amended 8-1-1994 by Ord. No. 456; 6-7-2010 by Ord. No. 538]
A.
If any bill rendered under this article shall remain
unpaid after the 20th day of the month, the Borough Secretary shall
cause notice of the same to be sent to the delinquent owner. The notice
shall be sent by first-class mail and shall be posted on the premises
of the owner. The notice shall inform the owner that unless the delinquent
account is paid in full together with late payment penalty, if any,
within 10 days of the date of the notice, water service may be discontinued
and not reinstated until all such amounts are paid in full. The notice
shall state the date of service termination. The notice shall further
inform the owner that a lien may be filed against the premises securing
the delinquent charges together with attorneys' fees and costs as
provided by law.
B.
If the delinquent charges as provided for in Subsection A of this section are not paid by the date of the scheduled service discontinuance, the Borough Superintendent or his designee shall terminate the service of the owner in a manner consistent with law. The Borough Secretary shall refer the amount of delinquency and the names and addresses of the owners of the property to the Borough Solicitor for filing of appropriate liens.
[Amended 8-1-1994 by Ord. No. 456]
Water meters shall be read once per month by
persons designated by the Borough Superintendent. Such readings shall
be on or about the 20th day of the month.
[Amended 8-1-1994 by Ord. No. 456]
Each nonresident consumer shall pay, in addition
to the rates provided in this article, a service charge of $5 per
month. Nonresident consumers shall pay, in addition to the usual tapping
charge as hereinafter provided, $150 for furnishing and installing
a water meter.
A.
A water meter shall be required for each premises
serviced by the Borough municipal water system. All meters, except
as otherwise provided, shall be furnished and installed by the Borough,
subject to payment of the applicable fees, if any, by the owner. The
owner shall provide a suitable location for the meter, protect against
damage thereto by freezing or other perils and make the same accessible
for maintenance and reading free from obstructions.
B.
The Borough shall require a meter larger than one
designed to meter the usual water flow through a three-fourths-inch
pipeline in any case where the peak use of water places or might place
such a meter under undue or unusual strain or exceeds the recommended
meter capacity and to charge the fees currently in effect for the
larger meters.
C.
The Borough shall require the installation of remote
meter readers to the meters and shall charge the owner the reasonable
cost of acquisition and installation of said readers.
All persons having control of any premises which
has or is required to have a meter are required to permit authorized
Borough representatives access to enter the premises for the purpose
of reading the meter, installing or maintaining the meter or checking
the meter for accuracy. The Borough shall maintain the meters at its
expense, except that the owner shall be liable for all damage to meters
while on his premises. In the event of injury or malfunction of the
meter, the owner or consumer shall promptly notify the Borough Secretary.
Water service may be temporarily interrupted by the Borough until
Borough representatives are afforded an opportunity during normal
business hours to repair or replace any defective meter. Any consumer
failing to permit access to Borough representatives as herein provided
shall have water service interrupted until such access is permitted.
[Amended 8-7-1989 by Ord. No. 412; 3-5-1993 by Ord. No. 437; 1-17-2001 by Ord. No. 501]
A tapping charge of $1,400 shall be made for
every water tapping connection hereinafter made to each resident consumer.
A tapping charge of $2,000 shall be made for every water tapping connection
hereafter made to each nonresident consumer. The Borough will provide
the curb box, tap the waterline and make connection to the curb box
for all resident consumers of the Borough. The Borough will provide
the curb box and supervise the tapping of the waterline for nonresident
consumers.
All service lines shall be three-fourths-inch
copper tubing, flared joints, with a three-fourths-inch corporation
stop at the connection to the water main and a three-fourths-inch
stop in the curb box at the property line. All replacement service
lines shall abide by these specifications.
[Added 12-2-1996 by Ord. No. 471]
All owners of property abutting upon any street
in which there is a water main constructed or acquired by the Borough
of Evans City shall make connection with such water main for the purpose
of conducting water to such property. The owner shall be given at
least 45 days' notice of any ordinance requiring such water connection
and, upon failure of such owner to make such connection, the Borough
may make the same and collect the cost thereof from the owner by a
municipal claim or in an action of assumpsit. All such connections
shall be in accordance with this article and shall be subject to the
then-current tap-in charge applicable to such connections.
[Adopted 9-19-1988 as Ord. No. 404 (Art.
915 of the 1976 Code)]
The Water Shortage Response Plan Of Evans City
Borough, attached hereto,[1] as drafted by KLH Engineers, Inc., and entitled "Drought
Contingency Plan for Water System," is hereby adopted. This plan may
be modified and updated from time to time by resolution of the Borough
Council.
[1]
Editor's Note: The text of said plan, originally
included as part of Ord. No. 404, is on file in the office of the
Borough Secretary and available for inspection during regular office
hours.
Those uses of water not essential to the protection
of public health and safety are deemed nonessential. Nonessential
uses of water may be restricted by both voluntary and mandatory measures
as prescribed and outlined within the Water Shortage Response Plan.
A list of nonessential water uses is included in the plan.
If, during a water shortage period, a voluntary
ban on nonessential uses of water has not sufficiently reduced the
rate of depletion of water supply sources and those sources have reached
a level at which the response plan prescribes more severe demand reduction
measures, a mandatory restriction of nonessential water uses shall
be imposed. Those water service customers found not cooperating with
this action shall face a surcharge of $50 for each day of noncompliance
or the curtailment of water service, whichever is deemed most appropriate
by the Borough Council.
If a water shortage emergency is declared by
the Governor of the Commonwealth of Pennsylvania within an area which
includes the service area of the Evans City Borough water system and
both voluntary and mandatory restrictions of nonessential water uses
have failed to sufficiently reduce the rate of depletion of all available
water supply sources and if the Evans City Borough plans for water
rationing have been reviewed and approved by the Pennsylvania Emergency
Management Council, water rationing may be implemented. The Evans
City Borough Water Rationing Plan is included in the Water Shortage
Response Plan.
Any water service customer may apply to the
Evans City Borough Council for an exemption to the terms of this article
which may be granted by the Council upon adequate evidence of inequitable
hardship imposed through strict adherence to the provisions of the
Water Shortage Response Plan.
[Added 8-1-1994 by Ord. No. 456]
Any person who violates this article or the
plan authorized by it or who impedes or interferes with any actions
undertaken or ordered pursuant to the plan shall be subject to the
penalties provided by law under 35 Pa.C.S.A. § 7707.
