As used in this chapter, the following terms
shall have the meanings indicated:
AGENT
Any duly authorized representative of the owner.
ASSISTANT SUPERINTENDENT
That person retained by the Borough Council who shall assist
the pump house superintendent in all of the duties and responsibilities
of the superintendent as directed and authorized in the provisions
of this chapter. In the absence or unavailability of the superintendent,
the assistant superintendent shall act in his/her place and stead
and shall be charged with the responsibilities and vested with the
authority of the superintendent as set forth in the provisions as
contained in this chapter.
BOROUGH or BOROUGH OF HAMBURG
The Borough of Hamburg, New Jersey, acting through the Mayor
and Council, the Water Department of the Borough of Hamburg or the
officers and agents thereof.
COST
Includes labor, material, transportation, expenses, equipment,
supervision, engineering and all and every necessary overhead expense.
CUSTOMER
Any owner who is responsible for the payment of fees specified
herein.
[Amended 7-5-2000]
EXTENSION
The extension of a water main along a street, avenue or highway.
An extension shall not include the water service connection as herein
defined.
LIEN
Refers to the charges of any nature levied by the borough
arising out of any charge resulting from installation, service or
distribution of water which are declared to be a lien against the
property served by virtue of the statute in such case made and provided.
MAIN or MAINS
Either in the singular or plural, all pipes, other than service
connections, conveying water to or distributing water from the borough
water supply.
OWNER
The person or company holding record title to the premises
supplied.
[Amended 7-5-2000]
PRIVATE MAIN
A main running through private property or in a private street
to serve more than one home or other buildings or properties.
PUBLIC HYDRANT
A fire hydrant under the control of the municipality, located
on a right-of-way of the municipality or on municipal property.
SUPERINTENDENT
The person retained by the Borough Council as the pump house
superintendent of the Borough Water Department and who shall be charged
with the responsibility and authorized to carry out the provisions
as contained in this chapter.
WATER DEPARTMENT or THE WATER DEPARTMENT OF THE BOROUGH OF HAMBURG
All of the property, organization or operation of the water
supply system and each and every part thereof of the Borough of Hamburg,
collectively or separately, functioning under the direction of the
Mayor and Council of the borough, either directly or by its duly authorized
representatives or agents.
WATER SERVICE CONNECTION
The pipe serving a premises from the main into the premises
to a point three feet beyond the meter, including the meter.
[Amended 10-3-1977; 5-4-1992]
A. The water mains and appurtenances, service pipes from
main to curbline, corporation stops, curb stops and boxes of the Department
shall be under the control of the Borough Council and its authorized
agents and employees, and all other persons are forbidden to disturb,
tamper with, injure, change, obstruct access to or interfere with
said water mains and appurtenances, service pipes from main to curbline,
corporation stops, curb stops and boxes in any way.
B. Any person, firm or corporation receiving a supply
of water for any purpose from the water system operated by the borough
shall be subject to rules and regulations as set forth herein.
C. The owner of any house, building or lot shall be liable
for the payment of the service charge or rent as fixed herein or by
the Mayor and Council for the use of water and for all fees and other
charges in connection with the installation, repair and testing of
any water meter, water service, connections, appliances or parts,
and renewals thereof, heretofore or hereafter furnished or made by
the Borough Water Department in or upon such house, building or lot
and in the interest and penalties charged; and such service charge
or rent and other charges, fees, expenses, interest penalties as fixed
herein shall be a lien upon said house, building or lot until the
same is paid and satisfied.
D. Payment for the use and consumption of water and for
all other fees and charges incurred shall be paid to the superintendent,
agent or employee of the Borough Water Department as designated by
the Borough Council.
E. Payment of bills.
(1) All bills for the furnishing of water by the Water
Department of the borough shall be payable for the preceding quarter
within 30 days of the billing date. If bills are not paid on or before
said date, interest shall accrue thereon at a rate of interest to
be determined in accordance with N.J.S.A. 40A:31-17. Liens levied
in accordance with this subsection and N.J.S.A. 40A:13-10 et seq.
shall be a first lien or charge against the property benefited therefrom
and shall be enforceable in the manner provided for real property
tax liens in Chapter 5 of Title 54 of the revised statutes as the
same may hereafter be amended.
(2) If bills are not paid within 30 days after the billing
date for the respective quarter, the water supply shall be discontinued.
The Borough will furnish a minimum of 10 days' written notice of a
discontinuance of service. A service charge of $100 shall be charged
to the occupant if the outstanding bill, including interest, is not
paid by the turnoff date specified in the notice of discontinuance.
Water shall not be restored until and unless the outstanding bill,
interest and service charges are paid. Water will be turned on as
soon as practicable following payment of the aforementioned charges,
bill and interest.
[Amended 7-5-2000; 12-3-2001; 3-2-2015 by Ord. No.
01-2015; 8-7-2023 by Ord. No. 10-2023; 8-5-2024 by Ord. No. 14-2024]
(3) The owner shall remain liable for all charges for
buildings which are unoccupied.
(4) The said charge shall be paid in cash, bank cashier's check or bank
treasurer's check.
[Added 4-1-2013 by Ord. No. 05-2013]
F. All bills and notices will be mailed or delivered
to the owner of the premises where water service is supplied. Upon
written notice by an applicant, the Borough Water Department will
mail the bill and notices to the business or home address of the owner,
customer or his/her agent. Bills and notices will be mailed through
ordinary United States mail service and if not received the consumer
shall obtain them from the Water Department or an agent or employee
thereof. Failure to receive bills or notices shall not excuse the
nonpayment of water bills.
[Amended 7-5-2000; 4-1-2013 by Ord. No. 05-2013]
G. No water
service shall be discontinued from November 15 to March 15 of any
year due to nonpayment of bills. No water service shall be discontinued
where the bill, not including interest, is less than $100, but interest
shall continue to accrue.
[Added 12-7-2009 by Ord. No. 13-2009]
[Amended 10-3-1977; 5-4-1992]
A. All applications for the use of water or for a service
connection shall be made, on forms to be provided at the office of
the Department, by the owner of the premises or by his/her duly authorized
agent, the fee for which shall be payable in advance. The said fee
shall be $10.
[Amended 7-5-2000]
B. Persons desiring the use of water for building construction
shall make application according to the provisions as herein provided.
Under no circumstances shall water for building construction be taken
from the fire hydrants of the borough. A flat rate, depending upon
the type and size of the building, will be made for water used in
building construction, unless the Hamburg Borough Water Department
shall require the water to be metered. The minimum flat rate charge
for such building will be $50 payable in advance. The Mayor and Council
reserve the right to regulate the purpose for which the water can
be used during construction, provided that the said use shall not
exceed six months and an application for such use shall be first submitted
to the Board of Public Works for its decision and thereafter to the
Mayor and Council which may affirm, reserve or modify the decision
of the said Board.
[Amended 7-5-2000]
C. At least 48 hours' notice, excluding Saturdays, Sundays
and legal holidays, shall be given to the Water Department before
any connections will be made.
D. The tapping of the main shall be done and the corporation
stop and the service lines from main to curb, curb stop and curb box
shall be furnished and installed by the Water Department or its agent
for a service connection fee. The service connection fee shall be
determined by the Mayor and Council of the Borough of Hamburg each
year and shall be recomputed at the end of each budget year, after
a public hearing is held, in accordance with the provisions of N.J.S.A.
40A:31-11. The revised connection fee may be imposed upon those who
subsequently connect in that budget year to the system.
E. No street openings shall be made except upon the consent
of the Borough Water Department and subject to such terms as it and
the Borough Council may impose, and upon notice to the Borough Road
Department. The applicant shall be required to pay all fees covering
the cost of road repairs at current rates charged by the state, county
or Borough.
[Amended 4-1-2013 by Ord. No. 05-2013]
F. The applicant shall be responsible for obtaining the
necessary road opening permits for any state or county road affected
by the work necessary to complete a service connection. The applicant
shall be required to pay all fees covering the costs of road repairs
at current rates charged by the state, county or borough. The applicant
shall perform or have performed all excavating and backfilling of
trenches for service connection and service lines and shall be responsible
for any and all costs arising therefrom.
[Amended 10-3-1977; 11-5-1990; 6-5-1995]
A. All service lines shall be installed in such manner
that a meter may be inserted at the point of entry to the premises.
Valves shall be installed at this point as follows:
(1) One roundway tee-stop on the street side of meter.
(2) One globe valve with drain on the house side of meter.
B. The Water Department may refuse to supply water to
premises wherein the plumbing work has not been done in accordance
with the rules and regulations of the Borough Board of Health and
where an applicant has not supplied a space or area suitable to the
Water Department for the installation of the water meter and appurtenances.
C. Rates and charges.
[Amended 7-5-2000]
(1) The Borough shall from time, as circumstances require,
fix all fees, charges and rates as herein provided. As of the effective
date of this subsection, the following annual rates shall be charged
for the consumption of metered water to any of the consumers of the
Hamburg Borough water system:
[Amended 6-6-2011 by Ord. No. 09-2011; 5-7-2012 by Ord. No.
06-2012; 6-3-2013 by Ord. No. 08-2013; 3-2-2020 by Ord. No. 04-2020; 3-1-2021 by Ord. No. 03-2021]
Rates for Metered Water
|
---|
Quantity Used
|
Charge per Thousand Gallons
|
---|
Minimum charge per quarter up to 5,000 gallons
|
$36.38
|
5,001 gallons to 50,000 gallons per quarter
|
$36.38 plus $3.35 per thousand gallons over
5,000 gallons
|
50,001 gallons to 100,000 gallons per quarter
|
$187.44 plus $2.91 per 1,000 gallons over 50,000
gallons
|
100,001 gallons to 1,000,000 gallons
|
$332.92 plus $2.24 per 1,000 gallons over 100,000
gallons
|
Over 1,000,000 gallons
|
$2,343.06 plus $1.79 per 1,000 gallons over
1,000,000 gallons
|
(2) All meter maintenance charges for meters over two
inches in size shall be determined by resolution of the Mayor and
Council and the consumer notified of the cost according to the billing
procedure as herein provided.
D. Whenever practical, the Water Department will require
a separate meter for each living accommodation or usage in multiple
service buildings. If such separate meter service shall not be practical
all such units may be serviced by one meter of proper size under the
circumstances, and the property owner shall be billed for all water
used in the multiple units and shall be liable for payment thereof.
The minimum rate for such multiple unit meter maintenance per quarter
shall be the minimum rate for a single service multiplied by the number
of units. No reduction in the number of the units will be recognized
for nonoccupancy, unless such nonoccupancy exists for a full quarter
and written notice of such nonoccupancy is given the Water Department
before the quarter begins.
[Amended 7-5-2000]
The Water Department shall have access at all
reasonable hours to premises connected to the water distribution system
for the purpose of reading and installing the meter and of inspecting
and maintaining equipment. The hours between 8:00 a.m. and 8:00 p.m.
shall be reasonable hours for this purpose.
[Amended 10-3-1977; 11-5-1990]
A. Water restrictions.
[Amended 7-5-2000]
(1) The Mayor is hereby granted the power and authority
after consultation with the Water Superintendent and the Emergency
Management Coordinator to restrict the use of water in the Borough
of Hamburg, as follows:
(a)
Restrict the outdoor use of water, except for
the watering of shrubs, plants and gardens by hand-held means; however,
the watering of grass of any means shall be prohibited.
(b)
Apply the restrictions set forth in Subsection
A(1)(a) next above to residential properties, or nonresidential properties, or both, as the Mayor deems appropriate.
(2) Notice of any restrictions imposed by the Mayor shall
be published in the official newspaper of the municipality.
(3) Any person, owner, consumer, or other person, firm or corporation who shall violate any provision of this section shall be subject to the penalties, fines and imprisonment provisions of §
209-15.
B. Water service may be discontinued upon such notice
as shall be reasonable or practicable for any of the following reasons:
(1) For the use of water for any properties or purposes
other than those permitted in this chapter or described in the application.
(2) For willful waste of water through improper, defective
or imperfect pipes, fixtures or otherwise.
(3) For failure to maintain, in good order, connections,
service lines or fixtures owned by the consumer.
(4) For molesting, or tampering with any service pipe,
meter, curb stop or seal or any other appliance of the Water Department.
(5) For refusal of access at reasonable hours for purposes
of inspecting or for installing, reading, maintaining fixtures, pipes
and meters.
(6) For nonpayment of bills, rents, charges or fees or
of penalties imposed or for any other reason causing or tending to
cause a loss to the Water Department.
(7) Failure to decrease or limit the use of water when
requested by the Water Department.
(8) For violation of any ordinance of the borough relating
to the use and distribution of water.
(9) For misrepresentation in the application for water
service respecting the property to be served or the fixtures to be
supplied or the use to be made of the water.
(10)
At the discretion of the Water Department when
the premises become vacant.
(11) A
surcharge of $200 shall be added to the quarterly bill for the consumption
of metered water to any premises when the customer or occupant of
the premises refuses to permit entry upon reasonable notice requesting
access to the premises for the purposes of inspecting, reading, repairing,
or installing meters, pipes and fixtures.
[Added 2-7-2022 by Ord. No. 03-2022; amended 7-1-2024 by Ord. No. 13-2024]
C. The Water Department reserved the right to shut off
water service without notice, in case of technical defects or for
other unavoidable cause, or for the purpose of making necessary repairs,
connections or other alterations to the water distribution system.
D. In no case shall water be turned on again until the
defects have been remedied and all bills due and charges or penalties
and fees imposed have been paid. The owner of the premises shall also
be liable for any loss sustained by the Water Department as the result
of such defects. There shall be charged a shutoff/turn-on service
fee in the amount of $100, which fee shall be due and payable prior
to restoration of water service.
[Amended 3-2-2020 by Ord. No. 05-2020; 3-1-2021 by Ord. No. 04-2021]
E. Should the occupant of the premises turn on the water
or suffer or cause it to be turned on after it has been shut off at
the curb by the Water Department, it shall be shut off again, the
curb stop shall be sealed, and a charge of $400 shall be made for
the expense of shutting off the curb stop and turning it on again.
[Amended 7-5-2000]
F. Neither the Water Department nor the borough shall
be liable for any damage which may be claimed due to the failure or
any restriction of the water supplied or from low or high pressure.
G. The Water Department and the borough reserve the right
to add to or modify the rules and regulations governing the water
distribution system at any time.
H. Owners of vacant building or buildings that are about
to be vacated shall give at least five days' notice that such buildings
are about to become vacant to the Water Department so that water may
be shut off and will be responsible for the water charges until such
notice is given.
I. A new application for water service shall be filed
upon the change of ownership of the property described in the original
application and the Water Department may discontinue water service
until such new application has been filed and approved.
J. Hoses shall not be used unless the water is metered
or, in the case of flat rate service, a sill tap has been installed
and is subject to the flat rate charge.
K. When requested by the owner or his/her agent, the
Water Department shall discontinue service to a property. A turnoff
charge of $100 shall be made when the service is restored but in no
event shall water be turned on until all water charges have been paid.
Emergency shut off will be made at any hour upon request, without
charge, at the curb stop.
[Amended 7-5-2000; 12-3-2001; 3-2-2020 by Ord. No. 05-2020; 3-1-2021 by Ord. No. 04-2021]
L. No adjustment of water charges due to failure of the
Water Department to discontinue or restore water service as requested
by an owner shall be made unless the request for discontinuance or
restoration is in writing and duly filed with the Water Department.
M. When turning on the water supply as requested and
the house or property is vacant, the Water Department will endeavor
to ascertain if water is running on the inside of the building. If
such is found to be the case, the water will be left shut off at the
curb stop. The Water Department's jurisdiction and responsibility
ends at the curb stop, and the Water Department will in no case be
liable for damages occasioned by water running from open or faulty
fixtures or from broken or damaged pipes beyond the Water Department's
curb stop.
N. Where connections are abandoned, the owner of the
premises or applicant shall pay for having same shut off and plugged
at the curb stop or corporation stop, at the option of the Water Department,
before a new connection will be installed to said premises.
O. Where persons, corporations or contractors making
improvements, etc., necessitating excavations in streets wherein water
mains and service connections are laid, requiring said water mains
and service connections to be cut and refitted, lowered or raised,
etc., the persons, corporations or contractors shall make written
request to the Water Department to make such changes and shall furnish
a satisfactory guarantee to the Water Department insuring the payment
of all costs incurred by the Water Department in making the changes
necessary or required to be made.
P. The Water Department shall not be liable for any damages
resulting from leaks, broken pipes or other cause, or for damage resulting
from the bursting or breaking of any main or service pipe.
Q. In the event that the Water Department is required
to repair or replace any meter, pipes or appurtenances caused by the
negligence of the owner or consumer, the owner of the said property
shall be required to pay a minimum charge of $75 per hour for each
Water Department employee required to perform the necessary repair
or replacement service plus the cost of replacement equipment, parts
or materials.
[Amended 7-5-2000; 4-1-2013 by Ord. No. 05-2013]
[Amended 10-3-1977; 7-5-2000]
No company or person shall undertake the thawing
of water service pipes or mains by the use of electric current without
authorization and supervision of the Water Department. The services
of a Water Department inspector shall be paid for at the rate of $75
per hour by the company or individual to whose work he/she is assigned.