[HISTORY: Adopted by the Mayor and Council
of the Town of Rock Hall 10-6-1977 by Ord. No. 26. (The provisions of this
chapter are derived from Chapter 9 of the former Code of Ordinances
of the Town of Rock Hall, adopted 10-6-1977 by Ord. No. 26.) Amendments
noted where applicable.]
Water from the system of the Town of Rock Hall
may be used for all residential, business, industrial, agricultural
and public purposes. The Mayor and Council reserve the right to impose
at any time such restrictions on the use of water as in their judgment
may appear necessary.
A.
The office of Water Department Engineer is hereby
created. Such officer shall be appointed by the Mayor with the approval
of the Council, and his compensation shall be determined from time
to time by resolution of the Mayor and Council.
B.
The Water Department Engineer shall be responsible
for the operation, maintenance and repair of all facilities of the
pumping station, waterworks and water distribution system and perform
such other duties and tasks as the Mayor and Council by ordinance
or resolution may determine.
A.
All buildings in which people live or congregate,
and such other buildings as the Mayor and Council shall deem necessary,
which are on properties located within the corporate limits of the
Town of Rock Hall shall be provided with adequate water supply and
plumbing fixtures and piping. Where the same do not exist or are not
of proper character or are in a state of disrepair, they shall be
provided, altered or repaired, as the case may be, in such manner
as shall be required and within the time named by notice served by
the Mayor and Council upon the property owner or occupant. No such
building shall be hereafter erected without being provided with adequate
water supply and plumbing arrangements. The existence of or the need
for adequate water supply and plumbing arrangements shall be determined
by the minimum requirements established by the provisions of this
subsection.
B.
The Mayor and Council may at any time inspect or cause
to be inspected existing plumbing systems and require such modifications
as may be necessary to put said plumbing in a sanitary condition in
accordance with the ordinances, rules and regulations of the Town
of Rock Hall.
C.
When water from the public water supply system shall
hereafter become available to additional dwellings or other structures
within the Town used as places of human habitation, the Mayor and
Council (Utilities Board) shall notify in writing the owner, owners
or occupants thereof of the provisions of this chapter.
[Added 8-10-1979 by Ord. No. 76-6]
A.
Whenever the Town shall have extended its water mains
so as to be accessible to any property, the property owner shall make
connection therewith, in accordance with the water connection regulations,
within six months of such extension. The water connections shall be
of such size as to adequately serve the number and type of plumbing
fixtures or equipment on the premises involved.
[Amended 7-5-1979 by Ord. No. 79-2; 8-10-1979 by Ord. No.
79-6]
(1)
The charge for water shall be based on the measurement
of gallons and will conform to the rate schedule currently set in
this Code.
(2)
A special assessment, in the form of a front foot
benefit charge based on $0.90 per linear foot, shall be made on all
properties abutting the water mains constructed in the Gratitude Area,
March 1979, and does not apply to any properties which may have been
served by Town water prior to the construction of the Gratitude Water
System.
B.
The property owner or owners of any property served
by the Town water service shall be responsible for the maintenance
of all water connections from the property line to the main.
C.
If, due to a change in the use or due to the installation
of additional fixtures, the owner requests a larger water building
connection, the existing connection shall be disconnected and abandoned
at the expense of the owner. The size requested will be checked as
to adequacy by the Water Department Engineer, and the owner will be
required to install the size connection determined by the Engineer
to be adequate for the changed conditions. Installation and construction
of the larger connection shall be at the expense of the property owner
and subject to the inspection and approval of the work by the Engineer
or his authorized representative.
D.
If the Engineer finds that an existing water connection
is too small to serve the number of fixtures connected to it, to such
an extent that the existing water meter is being run constantly in
excess of its safe rated capacity, the owner shall be notified of
the situation and will be required to arrange for the installation
of a larger water connection and larger meter adequate for the service
needed. If the owner refuses to correct the situation after due notice,
the Mayor and Council shall arrange for the disconnection and abandonment
of the existing water connection and the installation of a water service
and water meter of such suitable size as it shall determine is necessary.
The cost of such disconnection, abandonment and installation shall
be billed to the owner of the premises involved.
A.
Whenever a water connection is provided for a property
previously served by a well, the well shall be examined to determine
whether it is polluted or will be a menace to health. Should such
well be found to be polluted or a menace to health, it shall be abandoned
and closed in a manner satisfactory to the Mayor and Council.
A.
Separate water building connections for each separate
lot or parcel of land abutting on a street, alley or right-of-way
in which there is a water main belonging to the Town of Rock Hall
shall be constructed by the owner of said lot or parcel of land from
such property line to the building.
[Amended 8-10-1979 by Ord. No. 79-6]
B.
Whenever it shall be determined that a water building
connection was constructed in violation of the terms and conditions
upon which a permit therefor was issued, the water connection thereto
may be cut off at the main until the connections have been made to
comply with all of the conditions of said permit or, in the alternative,
the Town may, after notice to the property owner, cause the defect
to be corrected and charge the expense thereof to said property owner.
C.
Water connections for properties not abutting directly
on a water main may be allowed under such conditions and at such charges
as the Mayor and Council may require.
Temporary water service for building or other
construction work may be furnished as follows: Upon the filing of
proper applications and the payment of a suitable deposit, a temporary
water connection may be constructed by the consumer from the main
to his service facilities with an outside meter setting installed
at the property line. When the consumer has finished the connection,
the Mayor and Council will cause the meter to be read and remove the
entire connection to the property line. The cost of the removal of
the connection plus the meter service charge plus the charge for the
water used, computed at the regular consumption rates, will be deducted
from the deposit and the remainder, if any, returned to the consumer.
If the total charges exceed the deposit, the consumer will be billed
for the excess.
A.
Each building on one lot or parcel of land shall be
served by a separate water connection, a "building," for this purpose,
being any structure or part thereof intended for single occupancy
on the street floor.
B.
In case it is found that more than one building is
being served by the same water building connection in violation of
the above regulation, the Mayor and Council shall take action to correct
such violation under the following procedure:
(1)
The owner of the property involved shall be notified
by certified or registered United States Mail that the violation exists
and that the situation must be corrected by a given date.
[Amended 8-10-1979 by Ord. No. 79-6]
(2)
If the owner does not comply with the above notice,
the Engineer shall shut off the water and remove the water meter serving
such property until the situation is corrected to his satisfaction,
at which time water service will be resumed after payment of all costs
to which the Town may be subjected in the above matter.
(3)
If the property owner refuses to comply with the above
order, the Town shall take such further legal action as is provided
by law.
C.
The water service pipes for any building, lot, premises
or establishment shall not be laid over or through any other building,
lot, premises or establishment, except in an approved right-of-way
or easement, and no person shall connect or cause to be connected
any building, lot, premises or establishment with the water service
pipe belonging to or supplying any other building, lot, premises or
establishment. However, this regulation shall not prevent a dwelling
with a private garage upon the rear of the same lot or parcel of land
from being supplied by the same service pipe; but if the garage is
converted wholly or partially into a dwelling or place of business,
a separate connection shall be installed under such conditions as
the Mayor and Council may require.
D.
A single trailer located on a lot or parcel of land
will not be permitted to be connected to the water mains unless the
trailer installation is in compliance with all local, state and federal
laws or regulations governing the same. It will then be considered
a single residence under these regulations.
E.
Commercial establishments required to have and maintain
fire sprinkler systems may be granted an additional water connection
by the Utilities Board for the purpose of providing water to such
sprinkler system for fire suppression. All fees and charges associated
with the permitting, installation and use of a primary water connection
shall apply to an additional water connection under this subsection,
except that the additional meter will not be read quarterly and the
minimum use charge shall not apply.
[Added 10-14-1999 by Ord. No. 99-04]
A.
A structure under single ownership but so divided
as to provide for more than single occupancy on the street floor may
be permitted a single connection by special permit under such conditions
as the Mayor and Council may require.
B.
A group of public, ecclesiastical, educational, charitable,
club, farm or industrial buildings under one ownership and on a single
tract of ground, which may consist of a group of lots or a single
parcel, may be served by one connection under such conditions as the
Mayor and Council shall determine. Shopping centers, apartment developments,
tourist camps, motels, trailer coach parks and similar groups under
one ownership, located on a single tract of ground as above, may be
served by a single connection.
A.
The Town shall furnish with each permit for each primary
water connection upon the payment of the fee hereinafter prescribed
a primary water meter of a size and type deemed suitable by the Engineer
for the installation contemplated. The primary water meter shall remain
under the ownership of and will be maintained by the Town of Rock
Hall. To defray the cost of such primary meter, the supervision of
installation and the maintenance thereof, there shall be charged a
fee in such amount as the Mayor and Council shall by resolution provide.
[Amended 7-7-1994 by Ord. No. 94-5]
B.
Certain commercial establishments, subject to approval
by the Utilities Board, may have second or third meters installed,
referred to as "secondary meters," to provide relief from sewer charges
for water usage that does not enter the sanitary sewer system. Secondary
meters shall be of a size and type deemed suitable by the Town for
the installation contemplated. The secondary meters shall be under
the ownership of the property owner, and the cost, installation and
maintenance thereof shall be the sole responsibility of the property
owner.
[Added 7-7-1994 by Ord. No. 94-5[1] ]
C.
The Engineer shall determine the size and type of
any water meter and the type and location of the settings. Outside
meter settings will be used, except where obstructions or other considerations
require that they be placed inside the building, in which case they
shall be set as the Water Department Engineer shall require. When
the water meter is set inside the cellar of the building, the property
owner will be held responsible for the protection of the meter from
injury due to freezing. Repairs and replacements of a meter so damaged
shall be at the expense of the property owner.
D.
The outside meter housing or the curb box must be
installed so that the top is on the ground surface of the permanent
grade and within the public right-of-way whenever possible. In order
to accomplish this, one of the following methods will be followed.
(1)
Where the curb and sidewalk do not exist, the property
owner shall indicate the final grade of the ground surface at which
an outside meter setting or a curb box is to be placed and the structure
will be set at the grade given when it is installed. The water house
connection shall not be installed until such grade is given. If the
grade or location of the meter setting or the curb box is changed
due to a change in elevation of the ground from that originally indicated,
the property owner shall bear the expense of such change in grade
or location.
(2)
Where the curbs and sidewalks exist, the top of the
meter housing shall be placed at the straight line grade between the
back of the curb and the street edge of the sidewalk.
E.
It shall be unlawful for any person not specifically
authorized by the Mayor and Council to interfere with, remove, replace
or tamper with a meter or a meter seal.
F.
No connection shall be made to any water service pipe
between the water main and the meter, except such bypass as the Town
may install. If such unlawful connection is found, the water house
connection will be cut off at the main until such unlawful connection
is disconnected and abandoned. Any expense to which the Town shall
be subjected due to the above work shall be paid for before service
is restored.
G.
If it is found that such unlawful connection has been
made to bypass a detector check in order to illegally obtain unmetered
water, the detector check will be removed and replaced by a suitable
meter. Such removal and replacement shall be paid for before service
is restored.
A.
All new services shall be connected through meter
only.
B.
When repairs to or replacement of any existing service
occurs, a meter shall be installed.
C.
The Rock Hall Utilities Board reserves the right to
meter any supply of water to any property when, in its opinion, conditions
warrant the installation of a meter.
[Amended 8-10-1979 by Ord. No. 79-6]
D.
All water furnished by meter measurements and all
water passing through any meter shall be paid for according to meter
readings at the rate specified, whether used or wasted. However, if
at any time the meter fails to register, the water consumption for
such period may be charged for by using the reading of the same quarter
of the previous year.
[Amended 8-10-1979 by Ord. No. 79-6[1]]
E.
On all metered water supply service, each and every
quarter shall be a complete period in itself.
F.
The Mayor and Council reserve the right to limit the
size of any water meter to be installed. No meter larger than 3/4
inch shall be installed in any dwelling.
[Amended 8-10-1979 by Ord. No. 79-6; 4-23-1981 by Ord. No.
81-3]
A.
The property owners/owner/applicant is responsible
for the maintenance of all water connections from the meter/meters
to the building line and all lines, piping and fixtures in the building
and on the property itself. The owner/owners/applicant is responsible
for all leaks, broken lines, broken fixtures, leaking fixtures and
any other causes which would cause a loss of water. The owner/owners/applicant
is responsible for any and all charges resulting from leaks, including
sewer charges. It is the owner/owners/applicant's responsibility to
locate the leaks and have them repaired at his/her own expense, and
owner/owners/applicant is responsible for all water charges resulting
from leaks from the meter to the building line and in the building
and on the property itself, as well as normal water charges. The Town
may do maintenance or repairs on such connections if requested by
the owner/owners/applicant, in writing. However, the cost, including
overhead expenses, shall be paid by the property owner/owners/applicant.
However, before the Town begins such repairs, the owner/owners/applicant
must deposit with the Clerk-Treasurer an amount of 60% of the approximate
cost of repairs, and the balance is due upon the completion of repairs,
and the moneys due become a lien upon the property, collectible in
the same manner as delinquent taxes.
B.
All pipes and appurtenances on private property shall
be maintained by and at the expense of the property owner. The Town
may do maintenance or repair work on private property, in which case
the cost, including overhead expenses, shall be paid by the property
owner.
C.
In the event of a complaint regarding a leak, the
Town will at once determine if the leak is in the public way, in which
case the leak will then be repaired. If it is found that the leak
is not the Town's responsibility, the owner will be so notified, and
it shall be his responsibility to have the leak repaired at once by
a master plumber at the owner's expense, or, if necessary, the Town
may perform such repair work. However, the cost, including overhead
expenses, shall be paid by the property owner.
Where necessary, the Town will repair or renew
from the main to the property line any water building connection,
and at such time a water meter will be installed should such property
not yet be served by a meter.
A.
No person other than an authorized employee of the
Town or a member of a Fire Department acting under orders of his proper
superior in the performance of his duties may operate a fire hydrant
unless in possession of a permit from the Mayor and Council to do
so.
B.
Fire hydrants may not be used for flushing or for
any other purpose except by special written permission of the Mayor
and Council for the time and at the location specified. If such permission
is granted, the water used shall be charged for at the prevailing
water rates.
It shall be unlawful for any person, firm or
corporation to use, handle, tamper with, obstruct, interfere with,
deface or destroy any of the property of the Town of Rock Hall, including
pipes, fittings, fire plugs, pumps, engines, appliances, wires or
other fixtures or equipment owned or used by the Town in the construction
and operation of its water systems, except under such rules and regulations
as the Mayor and Council may adopt.
Any employee or agent of the Town shall have
the right of entry, at all reasonable hours, upon any private premises
and into any building within the corporate limits of the Town of Rock
Hall while in the pursuit of his official duties, and any restraint
or hindrance offered to such entry by any owner or tenant or agent
of said owner or tenant shall be a misdemeanor punishable as hereinafter
prescribed.
The Town shall from time to time establish by
resolution a water consumption charge and impose such penalties for
delinquent payment of charges as it deems proper.
A.
Each meter is the property of the Rock Hall Utilities
Board and at all times subject to its control and inspection, and
where any meter is located on or within any private property, building
or premises, the Rock Hall Utilities Board shall have the right to
enter the same at all reasonable hours for the purpose of examining,
repairing, replacing or removing said meter or to take meter readings.
[Amended 8-10-1979 by Ord. No. 79-6]
B.
Any meter injured from hot water backing or cold weather
and freezing or from any cause directly or indirectly attributable
to the owner or occupant will be renewed or repaired at the expense
of said owner or occupant.
C.
Unless a property owner gives instructions, in writing,
to the Rock Hall Utilities Board, the owner of the property will be
billed for water services. Should, however, the property owner so
notify the Utilities Board, the occupant of the property will be billed
as follows: When there is more than one family unit[1] in a dwelling and the average water bill per family unit
is no greater than the minimum charge, each occupant will be charged
the minimum rate. If the average water bill per family unit exceeds
the minimum rate, however, then that amount in excess of the minimum
rate will be charged to the owner.
D.
If at any time the meter fails to register or shall
be found defective in registering since the last previous reading,
the water consumption for such period may be charged for by using
the same quarter of the past year.
E.
All bills for the use of the water shall be a charge
against the owner or owners of the property served with water, whether
occupied by such owner or not, be the supply by meter or flat charge.
F.
No rebate or discount shall be allowed upon any bill
by reason of the property becoming vacant.
[Amended 8-10-1979 by Ord. No. 79-6]
G.
On all metered water supply services, each and every
quarter shall be a complete period in itself, and no excess consumption
of water during one quarter shall be charged against the minimum charge
or rate or be added to the consumption of any other quarter or quarters.
H.
Charges.
[Amended 8-10-1979 by Ord. No. 79-6]
(2)
The following rates shall apply to all consumers living
outside of the corporate limits of the Town:
[Amended 2-4-1988 by Ord. No. 88-2; 12-6-1990 by Ord. No.
90-2]
(a)
Residential: a water service fee to be two times
the in-Town rate.
(b)
Commercial: a water service fee to be two times
the in-Town rate.
(c)
In the case of a bulk-sale or a similar arrangement between the Town and another local government, the Town may deviate from the rates provided in Subsection H(2)(a) and (b) as necessary to provide Town water pursuant to a written agreement with another local government.
[Added 6-8-2006 by Ord. No. 2006-02]
I.
All property owners, if they tamper in any way with
water hookups or meters may be subject to a fine not exceeding $100
or imprisonment for a term not exceeding 30 days.
[Amended 8-10-1979 by Ord. No. 79-6]
J.
Payment; payment schedules.
[Amended 8-10-1979 by Ord. No. 79-6; 9-5-1996 by Ord. No. 96-03; 10-10-2013 by Ord. No. 2013-02]
(1)
All bills are due and payable upon receipt and shall become delinquent
30 days after the billing date and will bear a ten-percent penalty
after that date. Payments must be received in and by the Town Office
prior to the expiration of 30 days after billing date to avoid assessment
of penalties.
[Amended 12-8-2022 by Ord. No. 2022-04]
(2)
The Utilities Board, in its sole and absolute discretion and on a
case-by-case basis, may authorize and approve an alternative payment
schedule for any quarterly bill. Any portion of a bill that remains
outstanding shall not be considered delinquent so long as payments
are timely made under an alternative payment schedule. The failure
to timely remit any payment when due under an alternative payment
schedule shall result in the outstanding portion of the bill being
considered delinquent and subject to the penalties therefor as set
forth in this chapter. The Mayor and Council may provide, by ordinance,
for interest and/or administrative fees associated with alternative
payment schedules for quarterly bills.
K.
The property owner or owners of any property served
by the Town water service shall be responsible for the maintenance
of all water connections from the meter into the dwelling or business
establishment.
L.
If a water bill is not paid within 30 days of the billing date, the Town shall notify the owner of the property served, in writing, that such bill is in arrears and that water service will be discontinued. Such notice shall be conspicuously posted on the owner's property or sent via regular mail to the owner's last known address. Subsequent to providing such notice, the Town shall discontinue water service to the property until the owner pays the bill, the late fee pursuant to Subsection J and reconnection charge set forth in Chapter 102, Fees. All water bills, late fees and reconnection charges unpaid after 60 days from the billing date shall be collectible from the property owner in the same manner and subject to the same interest as taxes are collectible in the Town and shall be a first lien on the property served.
[Amended 8-10-1979 by Ord. No. 79-6; 8-11-2011 by Ord. No.
2011-02]
M.
All properties shall be subject to water bills, including
tax exempt properties, with the exception of the Rock Hall Volunteer
Fire Company and property owned by the Town of Rock Hall.[2]
N.
A family dwelling unit is deemed to be one or more
rooms with provision for living, sanitary, sleeping, cooking and eating
facilities arranged for the use of one family or individual. A business
owned and operated by a property owner who has his living quarters
in the same building is deemed to be one unit.
O.
Any use of municipal water for the purpose of manufacturing
a product from that water, of whatever type, will pay double in-Town
rates.
[Added 2-4-1988 by Ord. No. 88-2]
P.
Flat rate water charges for a property shall accrue upon the Town's issuance of a plumbing permit for said property. Flat rate minimum quarterly water charges, as established in Chapter 102, Fees, will continue in effect from this time forward, regardless of the status of the property.
[Added 7-7-1994 by Ord. No. 94-5]
