[Adopted 5-19-2004 by Ord. No. 582]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Coudersport Borough Authority, a municipality authority
incorporated by the Borough, and the owner of the water system.
The Borough of Coudersport, Potter County, Pennsylvania,
a municipal corporation of the commonwealth, acting by and through
its Council, or, in appropriate cases, acting by and through its authorized
representatives.
The extension from the water system of any structure to the
lateral of a main.
The Commonwealth of Pennsylvania.
Any property within this Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings.
That part of the water system extending from a main to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a main which is provided for connection of
any building main.
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, municipality authority or other
group or entity.
All facilities, as of any particular time which is owned
by the Authority and intended for the production, storage, transmission
and distribution of water.
A.
Connection required; nuisances.
(1)
Subject to § 432-24 below, the owner of any improved property abutting upon any street in which there is a main constituting part of the water system shall connect such improved property with such main and shall use such water system, in such manner as this Borough, or the Authority on its behalf, may require, within 45 days after notice to such owner from this Borough to make such connection; subject, however to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough, or the Authority on its behalf, from time to time.
(2)
Subject to § 432-24 below, any person who connects with, remains connected with or otherwise uses any private well or water system other than the water system of the Authority shall be deemed and shall be declared to be maintaining a nuisance, which nuisance this Borough shall abate in the manner provided by law.
B.
The notice by this Borough to make a connection to a main, referred to in Subsection A, shall consist of 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 45 days after the date such notice is given or served. Such notice may be given or served at any time after the appropriate main or lateral is in place that can deliver water to the particular improved property. Such notice shall be given to or served upon the owner by personal service or by certified mail to his last known address, or by such other means as shall be permitted by law.
A.
No person shall uncover, shall connect with, shall
make any opening into or shall use, shall alter or shall disturb,
in any manner, any main, lateral or any other part of the water system
without first obtaining a permit, in writing, from or on behalf of
this Borough.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection
of any improved property with a main until such person shall have
fulfilled each of the following conditions:
(1)
Such person shall have notified this Borough of the
desire and intention to connect such improved property to a main;
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A;
(3)
Such person shall have given the appropriate representative
of this Borough or the Authority at least 48 hours' notice of the
time when such connection will be made so that this Borough or the
Authority may supervise and inspect or may cause to be supervised
and inspected the work of connection and necessary testing; and
(4)
If applicable, such person shall have furnished satisfactory
evidence to the appropriate representative of this Borough or the
Authority that any tapping, connection and/or customer facility fee
that may be charged and imposed by this Borough or the Authority against
the owner of each improved property who connects such improved property
to a main has been paid.
D.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently through a building main. Grouping of 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 this Borough, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Borough or the Authority.
E.
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
this Borough and the Authority 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.
F.
A building main shall be connected to a lateral or
to a main at the place designated by this Borough. A smooth, neat
joint shall be made, and the connection of a building main shall be
made secure and watertight.
G.
If the owner of any improved property located within this Borough and abutting upon any street in which there is a main constituting part of the water system, after 45 days' notice from this Borough, in accordance with § 432-20A, shall fail to connect such improved property, as required, this Borough may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
A.
No building main shall be covered until it has been
inspected and approved by this Borough. 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.
B.
Every building main of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
C.
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 such improved property being
connected, in a manner satisfactory to this Borough and the Authority.
D.
If any person shall fail or shall refuse, upon receipt
of a notice of this Borough, in writing, to remedy any unsatisfactory
condition with respect to a building main within 60 days of receipt
of such notice, this Borough 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 this Borough and the Authority.
E.
This Borough and the Authority reserve the right to
adopt, from time to time, additional rules and regulations as it shall
deem necessary and proper relating to connections with the water system,
which additional rules and regulations, to the extent appropriate,
shall be and shall be construed as part of this article.
A.
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.
B.
Fines and costs imposed under provisions of this article
shall be enforceable and recoverable in the manner at the time provided
by applicable law and shall be payable to this Borough.
C.
This article shall constitute a contract with the
Authority for the supply of water for use of the public within this
Borough pursuant to 53 P.S. § 47401 et seq.
The provisions of § 432-20 of this article shall apply to any existing or new improved property the earlier of the date such improved property is acquired by a new or first owner after the date of enactment of this article, or the date such water supply serving such improved property cannot comply with applicable health standards. The remaining provisions of this article shall take effect as provided by law.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of inhabitants of this Borough.
