[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 5-24-2005 by Ord. No. 18-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 11.
Appeals Boards — See Ch. 12.
Plumbing — See Ch. 163.
Water and sewers — See Ch. 218.
[1]
Editor's Note: This ordinance also superseded former Ch. 217, Water, adopted 9-10-1996 by Ord. No. 11-1996.
The management, regulations and operation of the water system of the Borough of Kutztown, Berks County, Pennsylvania, and all things pertaining thereto and arising in connection therewith shall be vested in the Water Department (hereinafter “Department”) previously established by the Borough Council.
A. 
Office of Code Official. The Code Official shall be appointed by the Borough and shall have the powers, duties and qualifications prescribed by this chapter, or otherwise prescribed. The duties shall include, but shall not be limited to, the following:
(1) 
To make any required inspections and supervise any tests necessary to insure that all provisions of this chapter are being faithfully complied with, and to cause the removal or correction of any work or materials that are faulty and/or not approved.
(2) 
The Code Official shall, upon proper identification, be given access to any structure or area in order to fulfill duties to make inspections to determine whether any water service is adequate, faulty, improperly used, neglected or abandoned, or whether any unlawful repair, alteration, installation or addition has been made thereon. Insofar as possible, such inspections shall be made at times reasonably convenient to the occupants.
(3) 
When an investigation reveals any condition that is or may be unsanitary, inadequate, violative of these regulations or dangerous to life or health, the Code Official shall issue an order to the owner/owner's agent and occupier of the premises if different than the owner of the property wherein such condition exists to take such action as may be necessary and adequate to correct and completely abate and remove that unlawful or objectionable condition. The order shall be in writing, and duplicated. A copy shall be sent to or served on the owner and shall state the nature of the correction ordered. The condition shall be abated or corrected by the owner/owner's agent or occupier within the time stated in the order.
[Amended 5-21-2024 by Ord. No. 1-2024]
A. 
General terms. The word "shall" or "must" is mandatory; the word "may" is permissive.
B. 
Unless the context of this chapter clearly indicates otherwise, the meaning of terms and abbreviations used in this chapter shall be, as follows;
APPROVE
That a device, including without limitation or method, that has been accepted by the Water Department and/or the Code Official as suitable for the proposed use.
AUXILIARY WATER SYSTEM
Any water source or system on the premises of or available to the consumer other than the Borough water supply system.
BACKFLOW
A flow condition, induced by a differential in pressure, that causes the flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the water system from a source other than its intended source.
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania, acting through its Borough Council, its Water Department or other duly designated employees or representatives, including the Code Official, Engineer and Solicitor.
BOROUGH DROUGHT CONTINGENCY PLAN
A water conservation plan mandated by the Commonwealth of Pennsylvania to be activated during conditions of drought as proclaimed by the Governor of Pennsylvania.
BOROUGH WATER SYSTEM
The existing waterworks, water supply works and water transmission and distribution system lines and other facilities and storage facilities and properties, together with all appurtenant facilities and properties which the Borough has acquired or hereafter shall acquire, from time to time, in connection therewith, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, licenses, leases, franchises and other property or interest in property of whatsoever nature used or useful in connection with such facilities, and together with all additions, extensions, alterations and improvements thereof or thereto which may be made or acquired from time to time by the Borough.
CODE OFFICIAL
The person or designee of said person appointed by the Borough Council to enforce the provisions of this chapter.
CONNECTION FEE
A fee payable by an owner for water service from the Borough prior to the water service supply line being provided by the Borough.
CONSUMER
The owner and his tenant or other occupant of the premises where owner has contracted or after the effective date of this chapter shall contract for water service to the premises and/or who contracts for the purchase of water other than the service to a premises upon or after the effective date of this chapter.
CONSUMER'S WATER SYSTEM
Any water system, located on the consumer's premises, supplied by or in any manner connected to the Borough's water system.
CONTAMINATION
The degradation of the quality of the drinking water by waste waters, processed fluids, pollutants or any water of a quality less than accepted drinking water quality to a degree which would create hazard to the public health through poisoning or through the spread of disease, as mandated by PADEP.
CROSS-CONNECTION
An arrangement allowing either a direct or indirect connection through which backflow, including, but not limited to, backsiphonage, can occur between the potable drinking water in the Borough's water system and a system containing a source or potential source of contamination.
DEPARTMENT
The Borough of Kutztown Water Department.
DISTRIBUTION SYSTEM
All piping, fixtures and appurtenances used to transport water to, within, and from a building, including all residential and nonresidential facilities and the source, transmission, treatment and distribution facilities of public water systems.
HEALTH HAZARD
Any condition, device or practice in the consumer's water system or its operation that creates, or may create, a danger to the health and well-being of its users.
INDIVIDUAL UNIT
Each and every single residential, industrial or commercial entity.
LEAD FREE
When used with respect to solders and flux, refers to solders and flux containing not more than 0.2% lead, and when used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than 8% lead.
METER
A devise to measure the amount of water consumed.
METER PIT
The subsurface structure that houses a water meter, protecting the meter from damage and allowing the Borough easy access to the meter for maintenance, investigation, or reading.
METER VAULT
A concrete enclosure with reinforced aluminum having "Bilco" style pit access doors meeting the approval of the Borough for size, placement and style.
NONPOTABLE WATER
Water not safe for drinking, culinary, domestic use and fails to meet the requirements of the PADEP.
OWNER
The person vested with ownership, legal or equitable, sole or partial, of any premises.
PADEP
Pennsylvania Department of Environmental Protection.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural, where indicated by the context.
POLLUTION
The presence in water of any foreign substance that tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such water for domestic use.
POTABLE WATER
Water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the PADEP.
PREMISES
(1) 
A building or structure or part thereof occupied by one family or business; or
(2) 
A building or structure occupied by one family and boarders; or
(3) 
A building or structure or part thereof occupied by a group of persons living independent of any other group of persons or families. Without intending to limit the foregoing, each multifamily dwelling and rooming house shall constitute a premises; or
(4) 
A trailer or mobile home occupied by one family or business; or
(5) 
A building devoted entirely to public or religious use, such as a school, house of worship, firestation or other similar use.
PUBLIC IMPROVEMENTS REQUIREMENTS MANUAL (PIRM)
The most recent set of standards and specifications governing the type and installation of Borough water system components and facilities, as adopted by the Borough.
READER, REMOTE
A devise which records the measurements made by the meter.
REASONABLE TIME
Deemed to be between 8:00 a.m. to 10:00 p.m., prevailing time.
SCHEDULE OF WATER RATES AND CHARGES
The water rates, charges and fees adopted and amended or revised from time to time by resolution of Borough Council.[1]
SERVICE CONNECTION
The water service pipe from the Borough's curb stop in the street right-of-way to the premises except for the water meter assembly.
SERVICE SUPPLY LINE
The water service pipe from the Borough's water main to and including the Borough's curb stop.
SYSTEM HAZARD
A condition posing an actual or potential threat of damage to the physical properties of the Borough's water system or the consumer's water system.
TAPPING FEE
Shall mean a fee applicable to a new premises, or parts thereof or a change in use of a premises. Such fee is a direct proportionate share of cost for including new premises and change of use into the Borough's water system.
TENANT
A person who leases or rents from the owner or otherwise occupies a premises.
WATER DEPARTMENT
The operating department organized and supervised by the Borough Council to manage and operate the Borough's water system (hereinafter "Department").
WATER METER ASSEMBLY
The water meter with reader and the backflow preventer in the case of residential premises.
[1]
Editor's Note: Said schedule is included in Ch. A231, Fees.
A. 
Applications for new water service and renewal of existing or previous water services, or requests for discontinuance of water service, shall be made by the owner of the premises. Such application shall be made to the Department and shall bind the owner and any other consumer, including, without limitation, a tenant and all subsequent owners and other consumers to which water service is furnished. By the signing of the application for water service, the owner signifies his understanding and agreement that if the owner elects to lease the premises to a tenant or allow the premises to be occupied by a person other than the owner, then the tenant or other person, at the request of the owner, shall thereafter be billed for water service. The owner of the premises shall nevertheless remain responsible and liable for the payment of any bills for water service not timely paid. The acceptance of water service by any consumer shall represent an agreement between the Borough and the consumer. Use of the water supplied to the premises or any portion thereof shall be limited to the owner or other consumer on the premises whose identity has been made known to and appears on the records of the Borough, or as otherwise permitted by the Department. The Borough may require the posting of deposit with the Borough of any consumer; provided, however, that the posting of such deposit by any consumer shall not affect the owner's responsibility or liability for water service rendered to the premises as hereinabove provided.
B. 
Applications for the purchase of water other than for service to a known premises shall be made by the person defined as consumer and, as such, shall bind said person as responsible and liable for the payment of any bills for water supplied, and said payment is required at the time water is received. The Borough reserves the right to refuse the supply of water to any person where not required to supply water under the rules and regulations of the Borough's water rates.
C. 
Except in the case of an emergency, 10 days' written notice to the Department shall be given by an owner desiring service and/or to discontinue service. Water valves owned by the Borough shall not be operated by any person without the permission and supervision of the Department.
D. 
The owner of any property within the Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy and/or use by human beings shall make service connection therewith for the purpose of that premises utilizing water from the Borough’s water system. Any well, spring or cistern existing on any property shall either be abandoned in accordance with the Well Abandonment Guidance Document produced by the Pennsylvania Department of Environmental Protection or have any associated water line inside the premises return through the wall to the exterior of the premises and terminate at a yard hydrant or hydrants for use as a source of nonpotable water. Either method shall receive approval as such by the Borough. If approved for use as a nonpotable water source, any pressure tank and water lines associated with said use shall be marked as nonpotable water and no interconnections between the private well and the public water supply shall be permitted.
[Added 3-16-2011 by Ord. No. 3-2011]
A. 
All service connections hereinafter installed and/or replaced shall be made at the Borough curb stop and shall be installed as specified in the Borough's Public Improvements Requirements Manual as adopted and supplemented by the Borough, copies of which are available for inspection or purchase at the office of the Borough Code Official.
B. 
The Department shall install the service supply line from the water main to and including the curb stop and curb stop box which shall be at the owner's property line. Such locations shall be determined by the Department. For such installation, a connection fee and/or any other applicable fee provided for in the Schedule of Water Rates and Charges[1] shall be charged to the owner.
[1]
Editor's Note: Said schedule is included in Ch. A231, Fees.
C. 
In the case of existing installation, upon this chapter becoming effective, the Borough shall assume responsibility for the service supply line up to and including the curb stop and curb stop box and the repair and/or replacement of such service supply line shall be made at the sole determination and discretion of the Department.
D. 
In the event that the Borough shall hereafter replace an existing service supply line as provided for in § 217-4C, the owner shall cause the service connection from the curb stop to the meter to be replaced unless such service is a minimum of three-quarter inch diameter Type K copper and is determined by the Borough to be in good and serviceable condition.
E. 
All service connections shall be installed so as to provide an accessible place for the location of the Borough's water meter assembly, as determined by the Department.
F. 
No person other than a master plumber shall connect any premises with the Borough's water system at the curb stop, and prior to doing same shall obtain a plumbing permit from the Borough Code Office.
G. 
All soldered joints shall be made with lead-free solder and fluxed in compliance with the Pennsylvania Plumbing System Lead Ban and Notification Act.
H. 
Any work done in connection with the water system shall be inspected by the Department and/or Code Office of the Borough prior to covering same. Closures made in violation of this section shall be uncovered for inspection.
[Amended 5-21-2024 by Ord. No. 1-2024]
A. 
Water service by the Department shall only be provided through water meters supplied and installed by the Department. The fee for the meter and installation shall be paid for by the owner as set forth, or provided for, in the Schedule of Water Rates and Charges.[1]
[1]
Editor's Note: Said schedule is included in Ch. A231, Fees.
B. 
The location and size of the water meter assembly shall be determined by the Department.
C. 
Meters, backflow preventers and remote readers shall be sealed by the Department, and no other person shall break or disturb such seals or tamper with the water meter assembly in any way without the permission of the Department. In the event that a seal is broken or disturbed or the water meter assembly has been tampered with, a charge shall be made by the Department to the owner as set forth in the Schedule of Water Rates and Charges.
D. 
In the event that a water meter assembly is broken due to freezing and/or through the negligence of the owner, or any other occupant of the premises, the owner shall pay for all costs incurred to replace the damaged components of the water meter assembly.
E. 
Only Department personnel or persons authorized by the Department shall install, change or alter the location of a water meter assembly, in which case a charge shall be made as set forth in the Schedule of Water Rates and Charges to cover the cost of inspection and resealing same.
F. 
The maintenance, care and ordinary repairs of the water meter assembly shall be the responsibility of the Department; provided, however, that where replacements, repairs or adjustments of any nature are rendered necessary due to an intentional, negligent or careless act of the owner or any occupant of the premises, the resulting expense shall be charged to the owner.
G. 
The owner of the premises where a water meter assembly is installed shall be held responsible for its care and protection, including, but not limited to, damage from freezing, from hot water, from injury or from interference by any person or persons. If any water meter assembly is stolen or destroyed by fire, flood or any other cause, the owner shall be liable for such loss and damage.
H. 
In all cases of disconnecting and reconnecting of any water meter assembly, a charge is hereby imposed upon the owner of the premises as set forth in the Schedule of Water Rates and Charges.
I. 
In cases where the distance between the curb stop and the dwelling to be serviced exceeds 125 feet, or in any other case where deemed necessary by the Department, the water meter assembly shall be installed by the Department in an outside meter pit. The construction and dimensions of such outside meter pit shall be in accordance with Borough specifications, and its installation and location shall be approved by the Department. The cost of the water meter pit shall be the responsibility of the owner.
J. 
All new water service connections made on or after June 1, 2024, shall require the installation of a meter pit or meter vault. The meter pit or meter vault houses the meter equipment. It is the applicant's responsibility to purchase, install, maintain and own the water meter pit or meter vault. The meter pit or meter vault shall be installed behind the curb after the curb stop in accordance with specifications that can be obtained from the Borough.
No water shall be provided for use to any building or other structure of any kind which is hereafter construction or remodeled, and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way, and for which construction a permit is required to be obtained from the Borough, unless the new, extended or altered plumbing, water piping and other water using fixtures therein conform to the requirements and standards of the Borough's Plumbing Code.[1]
[1]
Editor's Note: See Ch. 163, Plumbing.
A. 
No person shall take or use Borough water from any premises other than his own (either as owner or occupant of such premises), and no person shall sell or give away Borough water for any purpose other than as specified in the original application pursuant to which water service is furnished, or as otherwise permitted in writing by the Department.
B. 
In terms of emergency and/or during periods of drought conditions, the Department may limit the use or water to such an extent and in such a manner as in the opinion of the Department is warranted, pursuant to the Borough's Drought Contingency Plan from time to time in effect.
C. 
In the event of leaks upon the premises of an owner that remain unrepaired after twenty-four-hour notice to the owner and any other occupant of the premises, the Water Department shall have the authority to shut off the water following written notice by personal service, or if unable to personally serve, by posting the same in a conspicuous place on the premises affected by the notice until such leaks are repaired.
D. 
No bypass of a residential water meter assembly shall be made or maintained unless approved in writing by the Department; however, all commercial and industrial meters shall be equipped with a bypass, with lockable valves, approved by the Department.
E. 
If any person shall open or use a fire hydrant except in case of fire in the vicinity thereof without prior approval from the Department or shall obstruct the access to any fire hydrant by placing debris or material of any sort within 15 feet of such fire hydrant, or shall willfully break, injure or disturb any curb stop, valve or fixture pertaining to the Borough's water system, such person, in addition to being subject to a penalty as provided for in § 217-17, shall pay the cost of any repair made necessary by such acts.
F. 
Fire companies may use the fire hydrants for practice or other uses without a permit but shall report such use to the Department.
A. 
The Department and the consumer have the joint responsibility for the protection of the Borough's water system from the contamination due to backflow of contaminants through the service connections. The Department will furnish as a component of the meter installation, as provided for in § 217-5A, a backflow preventer to all new residential consumers. It shall be the obligation of each nonresidential consumer to furnish and install, at said consumer's cost, a backflow preventer. The Department shall decide what type of backflow preventer is needed, where it is to be placed in the service connection (either within the building or structure served or in an outside pit) and shall also determine the deadline for compliance. Failure, refusal or inability on the part of the consumer to comply with this section shall constitute grounds for discontinuing water service to the premises of such consumer.
B. 
No service connection shall be installed or maintained to any premises where actual or potential cross-connections to the Borough's water system or consumer's water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the Department.
C. 
No service connection shall be installed or maintained whereby water from an auxiliary water system may enter the Borough's water system or a consumer's water system.
(1) 
The consumer's premises shall be open at all reasonable times to the Department for the purposes of conducting surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water system.
(a) 
A backflow preventer or vacuum breaker shall be installed on any water outlet to which a hose could be connected at the consumer's cost and expense.
(b) 
A vacuum breaker shall be installed on all yard and wall hydrants.
(2) 
Existing backflow preventers approved by the Department at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirement of § 217-8A, provided that the Department is assured that such devices will satisfactorily protect the Borough's water system.
(3) 
Backflow preventers required shall be installed at a location and in a manner approved by the Department and shall be installed by a master plumber or a person who is, in the opinion of the Department, properly qualified to perform such installations.
(4) 
Pits or vaults, where backflow preventers are located, shall be of watertight construction approved by the Department, be so located and constructed as to prevent flooding and shall be maintained by the consumer free from standing water by means of either a sump pump or a suitable drain. Such sump pump or drain shall not connect to a sanitary sewer nor permit flooding of the pit or vault by adverse flow from its point of discharge. An access ladder and adequate natural or artificial lighting shall be provided to permit maintenance, inspection and testing of the backflow preventer.
D. 
Inspection and maintenance of nonresidential backflow preventer.
(1) 
It shall be the duty of the nonresidential consumer to have inspections, tests and overhauls made as directed by the Department in accordance with the following schedule (or more often where inspections indicate a need):
(a) 
Air gap separation shall be inspected at time of installation and at least every 12 months thereafter.
(b) 
Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every 30 months.
(c) 
Reduced pressure zone - backflow preventers shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five years.
(d) 
Interchangeable connections shall be inspected at the installation and at least every 12 months thereafter.
(2) 
Inspections, tests and overhaul of nonresidential backflow preventers shall be made at the expense of the consumer and shall be performed by a person certified by the Department to inspect, test and overhaul backflow preventers.
(3) 
Whenever backflow preventers required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.
(4) 
The owner must maintain a complete record of each backflow preventer from purchase to retirement. Such record shall include a comprehensive listing that includes a record of all tests, inspections and repairs. Records of inspections, tests, repairs and overhaul shall be submitted to the Department annually.
(5) 
Backflow preventers shall not be bypassed, made inoperative, removed or otherwise made ineffective.
E. 
Inspection and maintenance of residential backflow preventers. Inspection, tests and maintenance of residential backflow preventers shall be conducted by the Department. The consumer shall provide access to Department personnel for this purpose.
F. 
Consumer's storage tanks supplied with Borough water shall be approved by the Department and shall be inspected periodically by the Department to assure compliance with this chapter and applicable regulations.
G. 
Color coding.
(1) 
In buildings or industrial plants where multiple piping systems are used for water, extreme care shall be taken not to interconnect the systems. Where water from the Borough's water system is used to service systems of lesser quality, such as ejectors, pumps and numerous other hazardous items, the Borough's water system must be separated or protected from such cross-connections by an air gap separation, vacuum breaker's backflow preventers or double check valve assemblies. Each outlet on the nonpotable water line, which may be inadvertently used for drinking water, shall be posted "Danger! Unsafe Water." Other pipes shall be painted or banded at twenty-five-foot intervals and stenciled to identify their contents and direction of flow. Gas piping shall be painted or banded at five-foot intervals. The following system shall be used:
Piping System
Color
Stenciling
Potable water
Green
Potable Water
Nonpotable water
Brown
Nonpotable Water
Fire protection
Red
Fire
Chemical
Orange
Chemical
Gas
Yellow
Gas
(2) 
Colored plastic bands may be used instead of paint, i.e., Dymo tape with legends, so long as bands are permanently fastened to pipes.
A. 
The Department reserves the right to shut off the supply of water to any consumer for any of the following reasons:
(1) 
For repairs.
(2) 
For unavoidable misrepresentation by the consumer as to the use of the water furnished to him.
(3) 
For fraudulent misrepresentation by the consumer as to the use of the water furnished to him.
(4) 
For any disapproval of the consumer's equipment or installation by virtue of its being defective or unsafe without prompt action being taken to remedy the same.
(5) 
When service is incompatible with laws, ordinances, rules, regulations or orders of the Commonwealth of Pennsylvania or any political subdivision or department thereof.
(6) 
For nonpayment of any bill, including service charge, payable to the Borough under the provisions of this chapter or any other ordinance or regulations of the Borough establishing or otherwise related to the supply of water from the Borough's water system.
(7) 
For violation of or noncompliance with the terms and conditions, regulations and rules set forth in this chapter or any other ordinance or regulations of the Borough pertaining to the supply of water from the Borough's water system.
(8) 
Whenever such action is necessary in the opinion of the Department to protect the Borough from fraud or abuse.
B. 
The Department shall notify the owner in writing and shall be serviced personally or by certified United States first class mail, postage prepaid, when discontinuance is due to nonpayment of bills or any other violation described above.
C. 
The Borough shall not be liable for any damage, loss or injury sustained by the owner or other occupant of the premises by reason of any failure to supply water on account of storms, accident or for any other cause whatsoever.
D. 
Should any system supplied by Borough water be operated in violation of any provisions of this chapter, it shall be the duty of the Department to completely disconnect all service supply lines at the curb stop serving such system or to assure itself that there is a physical separation of piping until this chapter is followed. Any cost of such disconnection and the estimated cost of reconnection shall be paid by the consumer before service is restored to the premises.
E. 
Reconnection charge. Service disconnected by the Borough under the provision of Subsections A, B, C and D of this section will be restored only on payment in advance of a fee, which shall be from time to time determined by resolution of the Borough Council, in addition to all arrearages due by the consumer, except when it has been necessary to remove service pipes to affect discontinuance of service. In the latter case, service will be restored only on payment to the Borough of all costs of discontinuance and restoration in addition to all such arrearages.
[Added 12-19-2006 by Ord. No. 19-2006]
A. 
The properly authorized agent(s) of the Department and/or Borough Code Official's office shall at all reasonable time have free and unrestricted access to the premises of any consumer for the purpose of inspecting the consumer's installation of a service connection or the water meter assembly, for examining, reading, repairing or removing the Borough's meter(s) or other property of the Borough or for any other purposes consistent with this chapter.
B. 
Right of entry; inspection and sampling. The Borough shall have the right to enter the premises of any customer at any time during operations to determine whether the customer is complying with all requirements of this chapter and any order issued hereunder. Customer shall allow the Department employees ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) 
Any temporary or permanment obstruction to safe or easy access to a Borough facility shall be promptly removed by and at the customer's expense.
(2) 
Unreasonable delays in allowing the Department employees access to customer's premises shall be a violation of this chapter.
C. 
Search warrants. If Department employees and/or the Code Official have been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of these regulations, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Borough designed to verify compliance with these regulations or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Department employees and/or the Code Official may seek issuance of a search warrant from the appropriate commonwealth official authorized to issue a search warrant. Probable cause shall exist where Department employees and/or the Code Official have been refused access to the property, building, premises, place, book, record, lot or physical evidence or has been prevented from taking samples or conducting tests; and that the sampling, testing, inspection or examination is authorized and required by this chapter and/or any other applicable law, or that the Code Official has reason to believe that a violation of this chapter has or will occur giving rise to the necessity of such inspection, sampling, test or examination.
A. 
Principle structures supplied by the Borough's water system shall have a separate water service supply line installed for said structure, whether or not such structure is separately assessed for tax purposes and whether or not two or more such principle structures are erected upon adjoining land of the same consumer.
B. 
In a multi-use building under the ownership of one person, a single service supply line may be used to provide water service to more than one unit. The size of the service connection and water meter assembly shall be approved by the Water Department.
C. 
On condominium buildings and co-ops, where individual units are owned by different consumers, a separate service supply line and water meter assembly shall be required for each condominium unit.
A. 
A water service charge for the consumption of water is hereby imposed as set forth in the Schedule of Water Rates and Charges.[1]
[1]
Editor's Note: Said schedule is on file in the Borough offices.
B. 
The water rates for consumption of water by consumer shall be as set forth in the Schedule of Water Rates and Charges.
C. 
The water consumption shall be measured by a meter or meters installed by the Borough, and all bills shall be calculated upon the basis of the registration of such meter or meters. If a meter ceases to register or is found defective, the quantity of water consumed shall be determined by taking the average water consumption of the twelve-month period immediately preceding the date when the meter was found to be not registering, which amount shall be used to determine the amount of water used by the consumer during the billing period in which the meter was found not to have registered. Exceptions will be made to this rule only where the facts clearly show that the stated method does not give a reasonably accurate volume of consumption for the period.
D. 
The schedule of water rates and charges associated with the Borough of Kutztown’s public water system shall be promulgated and imposed by the Borough Council of the Borough of Kutztown by resolution, from time to time, and shall be kept on file in the office of the Borough Secretary and made available to the public for inspection during the normal hours of operation of the Borough of Kutztown.
[Amended 8-18-2009 by Ord. No. 10-2009]
E. 
The accuracy of any meter will be tested upon consumer's request which shall be made to the Department. The request shall be accompanied by a fee as set forth in the Schedule of Water Rates and Charges[2] to cover the cost of the test. If, upon making such test the meter shall be found to register in excess of 1 1/2% more or less water than actually passes through it, another meter will be substituted and the fee will be refunded to the consumer. If the meter registers within 1 1/2% of the actual quantity of water passing through it, the said fee shall be retained by the Borough.
[2]
Editor's Note: Said schedule is on file in the Borough offices.
A rental is hereby imposed for each fire hydrant located upon land other than property owned by the Borough, as set forth in the Schedule of Water Rates and Charges.[1]
[1]
Editor's Note: Said schedule is included in Ch. A231, Fees.
A charge is hereby imposed for the furnishing of standby fire protection by means of sprinkler systems or otherwise, in addition to any other charge imposed by this chapter, or set forth in the Schedule of Water Rates and Charges.[1]
[1]
Editor's Note: Said schedule is included in Ch. A231, Fees.
A. 
All bills for water consumed shall be rendered quarterly on meter readings made in the respective immediately preceding months, and such bills shall include the service charge for the immediately preceding calendar quarter. All such bills shall be due and payable on or before the last day of the month following the month the bills were rendered All bills remaining unpaid for one calendar month after the due date shall be subject to a penalty as set forth in the Schedule of Water Rates and Charges.[1]
[1]
Editor's Note: Said schedule is included in Ch. A231, Fees.
B. 
In case of any bill rendered under the foregoing subsection shall remain unpaid for a period of at least 30 days, the water service to the consumer may be shut off by the Water Department after compliance with any applicable rules and regulations then in effect and service may not be renewed until arrears and penalties are paid, together with any expense incurred by the Water Department in shutting off and restoring the water service.
C. 
In cases involving rented premises, the procedures to be followed to effect discontinuance shall be as set forth in the Pennsylvania Utility Service Tenants Rights Act, Act No. 299 of 1978, as amended and supplemented.
D. 
In addition to the right and remedies of the Borough hereinabove provided, the Borough shall also have the right to file a municipal lien against the premises for any unpaid and delinquent bills for water service rendered to said premises to the extent permitted and provided for by applicable law.
A. 
Any consumer who is not the owner henceforth applying for water service may be required to deposit with the Borough an amount equal to the estimated gross bill of such consumer for any single billing period, plus one month maximum period not to exceed four months or as set forth in the Schedule of Water Rates and Charges.[1]
[1]
Editor's Note: Said schedule is included in Ch. A231, Fees.
B. 
In the event that any consumer is delinquent in the payment of any bill for water service more than one time within any one-year period, then upon notice from the Borough Secretary to the consumer, the consumer may be required to post a duplicate deposit in the same amount as the previous deposit within 10 days from the receipt of such notice, and in the event the consumer shall fail to post such duplicate deposit, the Department shall discontinue service to such consumer.
C. 
The payment of any undisputed bill, within the meaning of the Public Utility Law, shall be payment of the bill with or without disconnect or penalty, within 30 days following the period for which the bill was rendered or payment within 30 days following presentation of the bill, or the payment of any contested bill, payment of which is withheld beyond the period herein mentioned and the dispute is terminated substantially in favor of the consumer and payment made by the consumer within 10 days thereafter.
D. 
A deposit with the Borough shall bear no interest.
E. 
Upon discontinuance of service, the Borough may apply any deposit then in its possession and previously made by the consumer toward the final settlement of such consumer's account, and any remaining balance of such deposit thereof shall be refunded to the consumer.
A. 
Whenever the Code Official believes or has cause to believe that here has occurred and/or is continuing any violation of the provisions of this chapter or any rules, regulations or resolutions adopted pursuant to this chapter, the Code Official shall give notice of such violation to each person responsible therefor, and such notice shall:
(1) 
Be in writing and state the place and location of the violation.
(2) 
State the nature, condition and manner of the violation.
(3) 
State the determination of the Code Official with respect to the violation.
(4) 
State the name of each person deemed responsible by the Code Official for such violation, together with the name of the owner of the property upon which the violation occurred and/or is located.
(5) 
State the date of the notice and the period of time, if any, allowed for compliance with this chapter, as such period of time is specified in Subsection C of this section.
(6) 
Be served upon the owner of the property involved and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and service of such notice shall be made upon the owner and each such other person, if any, either personally or by certified first-class mail, return receipt requested, postage prepaid, sent to the last known address of such owner and each such person.
B. 
The requirements for service of notice as contained in this chapter shall apply only as to notification of the first occurrence of any violation. The issuance of a notice thereafter regarding any repeated occurrence of the same violation shall not be required prior to imposition of penalties as provided for in this chapter.
C. 
The period of time within which a person determined to be responsible, pursuant to Section A(4) of this section, for any violation shall comply with the specific provisions of this chapter, following the issuance of a notice, shall be the period of time determined by the Code Official, taking into consideration the nature and the degree of danger to public health and safety posed by such violation. The notice of any violation may require immediate compliance with this chapter (any such notice requiring immediate compliance hereinafter referred to as an "emergency order") when it is determined by the Code Official that the violation in question presents an immediate and present danger or nuisance to the health, safety and welfare of the public, and, in such case, notice of the violation constituting such emergency order may be verbal (which verbal notice shall thereafter be confirmed with a written notice) and shall be served personally upon the person, if available, who has caused or is responsible for or in control of said violation, and such notice constituting such emergency order may require the immediate correction and discontinuance of the violation and compliance with this chapter.
D. 
Notwithstanding any such notice requirements of this section, when it is determined by an officer of the Kutztown Police Department that an immediate, present danger exists to the health, safety and welfare of the public, said officer shall enforce the provisions of this chapter being violated by verbal notice constituting an emergency order, without need for the issuance of any written notice of any violation.
E. 
Any person aggrieved by a determination or order issued by the Code Official or by any rule or regulation may appeal said notice, determination, order, rule or regulation to the Code Appeals Board as provided for in Chapter 12, Article I, of this Code.
F. 
Any person to whom an emergency order is issued may file an appeal to the Code Appeals Board as provided for in this section, but such appeal shall not excuse the need for immediate compliance with such emergency order, nor shall such appeal serve as a supersedeas to the immediate effectiveness of the emergency order.
G. 
Any person violating any provision of this chapter, which violation causes a system hazard or caused contamination or pollution which creates a hazardous condition to the sewer system or general public, upon conviction thereof, shall be subject to a penalty of not less than $500 nor more than $1,000 for each violation.
H. 
Any person violating any provision of this chapter, upon conviction thereof, shall be subject to a penalty of not less than $100 nor more than $600 for each violation.
I. 
Every violation of this chapter shall constitute a separate offense, and each day such violation exists shall constitute a separate offense.
J. 
The penalties as prescribed above shall be imposed and collected in the manner provided for by the Borough Code in the case of violations of Borough ordinances.
K. 
The Borough shall have the right in addition to the penalties imposed herein to sue the responsible person for costs and expenses incurred by the Borough for testing and remediation of any condition causing the Borough to incur expenses resulting from a violation of this chapter.
Any person aggrieved by a determination or order issued by the Code Official or any other rule or regulation may appeal said notice, determination, order, rule or regulation except §§ 217-12, 217-13, 217-14, 217-15 and 217-16 of this chapter to the applicable Appeals Board as provided for in Chapter 12 of this Code.
If any provision, sentence, clause, section or part of this chapter shall for any reason be found to be unconstitutional, illegal or invalid, such determination shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter, and it is hereby declared to be the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein.
A. 
Repeal of conflicting ordinances. All ordinances or parts of ordinances inconsistent with the provisions of this chapter, including the following ordinances of the Borough of Kutztown, Berks County, Pennsylvania: Ordinance No. 7-1960, enacted on March 15, 1960; and Ordinance No. 12-2002, enacted September 30, 2002, are hereby repealed; provided, however, that the rates adopted thereunder, which are now or heretofore in effect, are not repealed.
B. 
Tense, gender and number. Words used in the present tense include the future. Words in the masculine gender include the feminine and the neuter. The singular number includes the plural, and the plural the singular.