[HISTORY: Adopted by the Borough Council of the Borough of Jim Thorpe as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-2002 by Ord. No. 2002-07]
A used in this article, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
- The Borough of Jim Thorpe.
- BUILDING MAIN
- Extension from the water system of any structure to the lateral of the main.
- DWELLING UNIT
- A separate dwelling, apartment, room or group of rooms, used for separate dwelling purposes and equipped for the preparation of food. In all cases, the determination of the Borough of Jim Thorpe as to what constitutes a "separate dwelling unit" shall be final.
- IMPROVED PROPERTY
- Any property within the Borough of Jim Thorpe upon which there is erected a structure intended for continuous or periodic habitation, occupancy or used by human beings or animals.
- Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Any individual, partnership, company, association, society, trust, corporation, municipality, municipal authority or other group or entity.
- Any person as defined above, owning, occupying, or using any property served with water from the water system of the Borough of Jim Thorpe.
- WATER SYSTEM
- All facilities, as of any particular time, for production, transmission, storage and distribution of water in the Borough of Jim Thorpe owned by the Borough for maintenance, operation or use.
The owner of any improved property abutting upon the water system shall connect such improved property with and shall use such water system in such manner as the Borough of Jim Thorpe may require, within 90 days after notice to such owner from the Borough of Jim Thorpe to make such connection; subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Borough of Jim Thorpe.
The notice by the Borough of Jim Thorpe to make connection to a main referred to in Subsection A shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property.
No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any main or any part of the water system without first obtaining a permit in writing from the Borough of Jim Thorpe.
No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:
Notify the Borough of Jim Thorpe of the desire and intention to connect such improved property to a main;
Give the Borough of Jim Thorpe at least 24 hours' notice before such connection will be made in order that the Borough of Jim Thorpe may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and
If applicable, furnish satisfactory evidence to the Borough of Jim Thorpe that any tapping (or connection) fee which may be charged and imposed by the Borough against the owner of each improved property who connects such improved property to remain has been paid.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a main through a building main. Grouping or more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Borough of Jim Thorpe, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Borough of Jim Thorpe.
All costs and expenses of construction of a building main and all costs and expenses of connection of a building main to a main shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless the Borough of Jim Thorpe from all loss or damage that may be occasioned directly or indirectly, as a result of construction of a building main or of connection of a building main to a main.
A building main shall be connected to a main at the place designated by the Borough of Jim Thorpe and where, if applicable, the lateral is provided. A smooth, neat joint shall be made and the connection of a building main to the lateral shall be made secure and watertight.
If the owner of any improved property located within the Borough of Jim Thorpe and abutting upon the water system, subject to the exception provided for in § 431-2A, after 90 days' notice from the Borough of Jim Thorpe, in accordance with § 431-2A, shall fail to connect such improved property, the Borough of Jim Thorpe may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.
Connection fee. A fee, which shall not exceed an amount based upon the actual cost of the connection of the property extending from the Borough of Jim Thorpe's main to the property line or curb stop of the property so connected, is hereby authorized pursuant to a resolution of the Borough Council. The Borough of Jim Thorpe may also base such fee upon an average cost for previously installed connections of similar type and size. In lieu of the payment of the fees, the Borough of Jim Thorpe may require the construction and dedication of those facilities by the property owner or owners requesting such connection.
Customer facilities fee. A fee, which shall not exceed an amount based upon the actual cost of facilities serving the connected property from the property line or curb stop to the proposed dwelling or building to be served, is hereby authorized pursuant to a resolution of the Borough Council. The fee shall be chargeable only in the event that the Borough of Jim Thorpe and not the property owner or owners installs the customer facilities. In lieu of the payment of the customer facility fee, the Jim Thorpe Borough may require the construction of those facilities by the property owner or owners requesting customer facilities. The fee may include the cost of a water meter and installation if the Borough of Jim Thorpe provides or installs the same.
No building's main shall be covered until it has been inspected and approved by the Borough of Jim Thorpe. If any part of a building main is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a main.
Every building main of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
Every excavation for a building main shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk or other public property disturbed in the course of installation of a building main shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Borough of Jim Thorpe.
If any person shall fail or shall refuse, upon receipt of a notice in writing of the Borough of Jim Thorpe to remedy any unsatisfactory condition with respect to a building main within 60 days of receipt of such notice, the Borough of Jim Thorpe may refuse to permit such person to be served by the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Borough of Jim Thorpe.
The Borough of Jim Thorpe reserves the right to adopt, from time to time, additional rules and regulations it shall deem necessary and proper relating to connections with a main and with the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.
Where two or more dwelling units or businesses or professional offices or any combination thereof are supplied through one meter, the minimum charge and gallons stated in each block will be multiplied by the number of dwelling units, businesses or professional offices supplied.
In the case of multifamily and multi-establishment dwellings, each building or part thereof under separate ownership shall require a separate meter. Upon the request of the owner of any property to install separate meters for each set establishment or dwelling in a multifamily or multi-establishment building, the number of water meters requested by the owner, in excess of those supplied by the Borough to measure the total amount of water supplied to the building or part thereof under separate ownership, shall be furnished by the Borough at the expense of the property owner. With the exception of ordinary and routine installation and cost for the additional meters required, all other costs of installation shall be at the expense of the property owner. Upon installation, the additional meters requested to be installed by the property owner shall become the property of the Borough.
[Amended 7-9-2009 by Ord. No. 2009-3; 12-9-2010 by Ord. No. 2010-7]
Any improved property which is not metered shall pay a flat rate minimum charge for water furnished by a flat rate per customer per quarter, in the amount set by resolution of the Borough Council.
In calendar year 2010, the Borough of Jim Thorpe required the replacement of manually read meters on all buildings within the Borough of Jim Thorpe receiving water service. The new meters are considered more accurate and will save time since they are remote-read meters. Any property which has not permitted the Borough of Jim Thorpe to replace its meter with a remote read meter shall pay an upcharge of $25 per month to manually read the old meter in addition to the minimum charge as set forth in § 431-9 below.
[Amended 12-11-2003 by Ord. No. 2003-07; 1-13-2005 by Ord. No. 2005-01; 12-22-2005 by Ord. No. 2005-08; 12-14-2006 by Ord. No. 2006-07; 12-13-2007 by Ord. No. 2007-7; 12-11-2008 by Ord. No. 2008-8; 12-9-2010 by Ord. No. 2010-7; 12-28-2011 by Ord. No. 2011-8
The rates charged by the Borough for water furnished by it to the public shall be established by resolution of the Borough Council from time to time.
[Amended 12-11-2008 by Ord. No. 2008-8; 7-9-2009 by Ord. No. 2009-3; 12-28-2011 by Ord. No. 2011-8]
Bills for water furnished for all purposes shall be rendered by the Borough of Jim Thorpe as such times as determined by Borough Council. Upon request of any user, the Borough of Jim Thorpe will remove the water meter from his property and discontinue minimum charges thereon, and will thereafter upon request and payment of the reconnection charge, established pursuant to the resolution of the Borough Council, reinstall the meter or a similar meter at the property and reestablish service.
Usage, service and minimum charges shall be payable at the Municipal Office on a net basis to and including the date shown on the bill rendered. Thereafter, the gross bill shall become due and payable. Failure to receive a bill shall not entitle an owner or user to an extension of time for payment. Any owner or use whose account for utility service is in arrears shall pay the gross amount of each bill until all outstanding indebtedness is paid.
If an employee of the Borough of Jim Thorpe collects the amount of delinquent bill at the user's or owner's premises prior to termination of service, a collection charge, established pursuant to a resolution of the Borough Council, shall be collected therewith.
Failure to pay either usage, service or minimum charges within 15 days after the gross bill becomes due shall be cause for termination of water service until payment is made of all outstanding charges for water service, provided that in no case shall the water supply be shut off until notice has been provided in accordance with a resolution adopted by Borough Council.
[Amended 6-8-2017 by Ord. No. 2017-4]
If service is terminated under the conditions set forth in Subsection D above, a reconnection charge established pursuant to a resolution of the Borough Council shall be paid before service is restored. If an employee of the Borough of Jim Thorpe collects the amount of a delinquent bill at the user's or owner's premises prior to termination of service, a collection charge established pursuant to a resolution of the Borough Council shall be collected therewith.
If the Borough of Jim Thorpe has agreed to provide water service through a separate meter and separate service line to a residential dwelling unit in which the owner does not reside, the owner shall be liable to pay the tenant's bill for service rendered to the tenant by the Borough of Jim Thorpe.
All bills shall be considered delinquent if not paid within 15 days after the date of the bill. If the bill is not paid within 15 days after the date of the bill, the bill shall be subject to a penalty of 15%.
[Amended 12-13-2012 by Ord. No. 2012-2]
Ownership of facilities and responsibility thereof.
Upon the request of the owner of any property within the corporate limits of the Borough of Jim Thorpe abutting upon a street wherein a water main exists or is reasonably adjacent thereto, the Borough of Jim Thorpe will make a connection to the main for said owner at his expense. All piping from the main to the property served, including curb shutoff and meter pit, shall be installed for the owner at his expense by a plumber licensed by the Borough of Jim Thorpe and shall remain the property of the owner and shall be maintained by the owner, except the Borough of Jim Thorpe reserves the right to repair at its expense any leak on a customer's service pipe between the municipal main and the water meter. A water meter shall be installed in such piping, located in a suitable protective pit directly opposite the point at which the connection is made to the main, or the meter can be located inside the building, if the meter is equipped with an outside remote reading device which conforms to municipal standards. Each new water meter shall be furnished by the Borough of Jim Thorpe at the expense of the property owner. The Borough of Jim Thorpe shall have the right to remove any such water meter for testing or for maintenance and may furnish in its place another meter substantially the equal thereto as the need for such replacement may occur without incurring liability therefor to the owner.
Jim Thorpe Borough shall inspect, test, adjust, maintain, and/or replace such meters at its own expense, except that any meter damaged in service through the negligent act or omission of the property owner or his tenant or agent shall be replaced by the Borough of Jim Thorpe at the expense of the property owner. Meter damage resulting from freezing or backflow of hot water shall be considered to be the result of negligence on the part of the owner or tenant. Where water meters are presently installed inside buildings, the Borough of Jim Thorpe may, at its option, require the installation of a meter with the approved outside remote reading device. In such cases, the Borough of Jim Thorpe will contribute an amount equal to 1/2 the cost of necessary materials and all of the labor expense incurred by the installation.
Meter accuracy. Upon request of any user, the Borough of Jim Thorpe will remove the meter from his premises and test the accuracy thereof. If said meter is found to register a greater quantity of water than passed through it, to a degree exceeding the tolerance of accuracy prescribed by the Public Utility Commission for such cases, no charge shall be made for such test, and the bills for water rendered on the basis of the registration of said meter for a period of not more than three months preceding the removal thereof may be adjusted on a equitable basis. If the said meter is found to register a smaller quantity of water than that passed through it, or to be within the prescribed tolerances of accuracy, a charge shall be paid by the user for the testing of the meter in accordance with the schedule of charges adopted from time to time by the Borough of Jim Thorpe. Upon prior request, the water use may witness the water test during normal working hours.
Access to premises. As long as water is piped to any building, the property officials of the Borough of Jim Thorpe shall at all reasonable times have free access to the meters or service pipes to inspect, test, read, repair, remove, or replace the same, whether or not the occupant of the building is a water user, and such access shall not be impeded by coal, ashes, or rubbish, nor in any other manner. Failure to provide such free access shall be cause for termination of service until suitable access is provided.
Estimated bills. In the event that a customer's water meter fails to register or is not read at the scheduled time, the Borough of Jim Thorpe may issue an estimated bill for the period involved based upon the records of the same customer's usage for comparable past periods. Any in accuracy resulting from failure to read a user's meter at the regularly scheduled time will be corrected in the preparation of the bill based upon the next reading of the meter.
Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not more than $1,000 together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.