As used in this article, the following terms
shall have the meanings indicated.
PERSON
Includes corporations, companies, associations, firms, partnerships,
societies and joint-stock companies, as well as individuals.
PREMISES
Includes more than one separate dwelling unit, including multi-dwelling-unit buildings, apartment dwelling units, and standard dwelling units as defined in §
425-2 of the Town of Bethany Beach Zoning Code. Each such dwelling unit shall, where practicable, as solely determined by the Town Manager, be equipped with its own separate water meter. Whether or not any such dwelling unit is equipped with its own separate water meter, all such dwelling units shall be liable for any and all such minimum rates and other charges as may be established by the Town, including impact fees, pursuant to the provisions of this article.
[Amended 4-20-2007 by Ord. No. 425]
[Added 2-16-1990 by Ord. No. 240]
Where any land and/or building(s) abuts a street,
alley or way in the Town of Bethany Beach in which there is a Town
water main, all plumbing facilities on such land or in such building(s)
shall be connected to the Town water system within 90 days of the
date such Town water main is available for connection to such land
and/or buildings. After such connection, such property shall immediately
cease using any method, other than the Town water system, to obtain
water.
No connection with a water main shall be made
without a Town water permit. Application for a water permit shall
be made, in writing, to the Town and shall contain an agreement by
the applicant to abide by and accept all of the provisions of this
article as conditions governing the use of the Town water supply.
A fee established by the Town Council by resolution shall be paid
at the time of submitting the application and prior to issuance of
a water permit.
[Amended 2-16-2007 by Ord. No. 421]
A. All premises using the Town water supply shall be
equipped with a water meter furnished by the Town. All water meters,
materials necessary for connecting to a service line, meter pits,
pit covers and readouts and other necessary appurtenances shall be
furnished to the customer by the Town at a fee established by the
Town Council by resolution. Installation of a water meter shall be
done by a licensed plumber at the expense of the owner. Installation
shall be in accordance with the Town specifications and approved by
the Town.
B. After the date of this article, all water meters shall
be installed in an easily accessible location at a point or near the
point of junction of the Town water main and the owner’s property
line.
C. Before any premises are occupied, a water meter shall
be installed as herein required.
D. The installation of water meters in the service connection
line on the property of the owner or on the property of any other
party shall in no way vest title to the meter in the owner or owners
of the property upon which said meter is installed.
E. The Town Manager or a person authorized by him or
her shall read or cause to be read every water meter used in the Town
at such times as are necessary for the proper billing of property
owners.
F. Water meters, meter pits, meter pit lids and valve
boxes must be accessible and in plain view at all times. Any alterations
in structures or landscaping which would hinder the above shall be
corrected at the homeowner's expense. If it is difficult to locate
the water meter in the process of reading the meter, an estimated
water bill will be issued to the owner and/or occupant of the property.
G. Water meters shall be taken out and tested at the
written request of the property owner upon payment of a fee as established
by the Town Council by resolution. If the inspection discloses that
the water meter is not within 3% of being accurate, then it shall
be repaired or replaced and the fee returned to the property owner.
H. Meter boxes (pits) shall be constructed as designated
by the Town of Bethany Beach.
I. Meter pit risers shall not exceed six inches in height.
Any alterations greater then six inches in height shall require the
entire pit to raised, to the proper grade by a licensed plumber at
the expense of the property owner.
J. At the Town’s reasonable discretion, the Town
may require the replacement of any meter pit or related equipment
(based on age, integrity or type of material), at the full expense
of the property owner.
All premises upon which any building has been
constructed or may hereafter be constructed, including living units
within such building, having a connection with any main or pipes which
are now or may be hereafter constructed and used in connection with
the Town water system, shall pay such rates as established by the
Town Council by resolution. The effective date of the rate charges
shall also be set by the Town Council by resolution.
[Amended 2-16-1990 by Ord. No. 240; 4-27-1995 by Ord. No.
343; 2-16-2007 by Ord. No. 421]
A. Water bills shall be dated and sent out twice a year,
in spring and in fall, or at such times as may be set by the Town
Council by resolution.
B. All water bills shall be sent to property owners,
who shall be legally responsible for all water charges and fees. Water
bills shall be payable to the Town at the Town Office. The Town Manager
shall have the power to adjust water bills when, in his or her judgment,
an error has been made in the fees or charges billed to the owner.
If it is difficult to actually locate the water meter in the process
of reading the meter, an estimated water bill will be issued to the
owner and/or occupant of the property.
C. A water bill shall be delinquent if it is not paid
within 45 days of the billing date. Water service shall be turned
off by the Town when a bill is delinquent. Once water has been turned
off, it shall not be turned on again until the owner pays to the Town
a reconnection fee established by the Town Council by resolution and,
in addition, pays all of the sums which are due and owing to the Town
for water service and any other charges provided for in this article.
D. Service charges shall be added to all delinquent bills
from the first day after the bill becomes delinquent until paid, at
the rate of 5% per month or fraction thereof. All such unpaid amounts,
including service charges, shall be added to the next annual tax bill
of the property owner responsible therefore. The Town shall not accept
payment for or receipt of any such tax bill unless the amount of the
water bill so assessed against the property owner, with service charges
thereon, is included in the amount tendered on the tax bill.
E. Charges for water shall be a lien upon the premises,
pursuant to Delaware State Code (25 Del. C. Chapter 29) as amended,
or any future corresponding provision of law. Such lien shall have
preference and priority over all other such liens on real estate or
upon improvements located on land under lease.
No water shall be resold or distributed by the
recipient thereof from the Town supply to any premises other than
that for which application has been made and the meter installed,
except in cases of emergency and only as authorized by the Town Manager.
Under no circumstances shall water be sold from the Town water supply
other than by the Town.
[Amended 2-16-1990 by Ord. No. 240; 2-18-1992 by Ord. No. 279; 2-17-2006 by Ord. No. 407; 2-16-2007 by Ord. No.
421]
A. It shall be unlawful for any person other than the Town Manager or a person authorized by him or her to turn on or turn off water from the Town water supply at the water meter, curb stop or valve located in the Town water system or to tamper with, alter or damage any part of the Town water system, including making connection to the water system, without permission of the Town. Any person, firm or corporation violating any provision of this section shall be fined. (See Chapter
1, General Provisions, Article
I, Penalties.)
B. Any property owner violating §
516-25 of this article shall, upon conviction, forfeit and pay a civil penalty. (See Chapter
1, General Provisions, Article
I, Penalties.) Each day of a continuing violation shall constitute a separate violation.
C. In cases of emergency, an owner's water supply may
be turned off by the Town.
The Town may, from time to time, promulgate
and enforce such rules and regulations and may execute such contracts
as may be necessary, governing the use of the entire or any part of
such water system, either within our outside its corporate boundaries.