[Adopted 6-3-1976 by Ord. No. C-52; amended 7-12-1995 by Ord. No. R-132; 7-1-1996 by Ord. No. R-193; 6-18-1997 by Ord. No. R-251; 8-19-1998 by Ord. No. R-325; 6-5-2019 by Ord. No. B-143; 12-18-2019 by Ord. No. B-213; 2-2-2022 by Ord. No. B-435]
A. 
In addition to any other fees or charges provided by law, the owner of every parcel of real property which is connected to the water system of the City of Hoboken or the customer of record of the contract operator or the City of Hoboken Water Utility responsible for payment of rents and service charges shall pay to the contract operator, on behalf of the City of Hoboken Water Utility, the rates and service charges for the consumption of water furnished by the contract operator as hereinafter provided:
[Amended 11-14-2022 by Ord. No. B-505]
Consumption
(cubic feet)
Charge
Rate
(Calendar Year 2023)
0 to 10
Flat charge
$55.72
11 or more
Consumption charge per 100 cubic feet (CCF)
$5.572
The foregoing rates and service charges shall, until expiration or termination of the Operation, Maintenance and Management Agreement, be adjusted annually on January 1 at a rate equal to the increase in the Consumer Price Index and are subject to change in accord with law and as determined by the City of Hoboken and the City of Hoboken Water Utility.
B. 
Where water supplied to real property is not metered due to a broken meter or absence of such meter, authorized agents and employees of the contract operator and the City of Hoboken Water Utility may compute such rates, rentals and service charges on any other basis bearing a reasonable relationship to the amount of water supplied to such real property. Where a meter has ceased to register altogether, such computation of charges shall be determined by the previous average registration while the meter was in working order or upon the best information available. In case of disputed water bills which involve the accuracy of the meter, such meter will be promptly tested. If an error in the registration in excess of 3% is found to exist, the water bill will be adjusted accordingly, by the percentage of error which shall apply only to the water used since the data of the meter reading applying to the last previous bill or the date of the written complaint. Water which passes through a meter shall be charged for, whether used or wasted.
C. 
No person shall take water from any public fire hydrant, hose, plug, street washer or fountain, except for firefighting purposes or use by the Division of Fire or the City of Hoboken Water Utility. No public fire hydrant shall be used for sprinkling streets or lawns, flushing sewers or gutters or for any other purpose not connected with the fighting of fire, except with the approval of the contract operator or the City of Hoboken Water Utility. It shall be unlawful to cover, hide or obstruct any fire hydrant with shrubs, fences, rubbish, snow or other objects.
D. 
The City of Hoboken Water Utility and the contract operator shall have a right of access to any consumer's premises and to all equipment and property of the City of Hoboken Water Utility and the contract operator at reasonable times for the purpose of reading meters or inspecting, repairing or replacing equipment used in connection with the supply of water or for the removal of equipment or property. The customer shall obtain for the contract operator all necessary permits from tenants or others needed for access to meters or other City of Hoboken Water Utility or contract operator property. No one shall have access to meters or other City of Hoboken or contract operator property except authorized employees of the contract operator, the City of Hoboken Water Utility or other authorized state or local inspectors.
E. 
Any such sum of money due to the contract operator for any such rates, rentals and service charges aforesaid shall bear interest at the rate of 8% per annum for the first $1,500 and 18% per annum for amounts in excess of $1,500 to be computed from the date when said sum shall be due and payable, and, until paid, shall remain a lien upon the premises in respect to which they are imposed as provided by law.
F. 
The contract operator shall provide notice of unpaid bills for the consumption of water and services rendered by the contract operator to the last known address of the property owner of record within 60 days of the payment due date.
G. 
Any person, firm or corporation violating the provisions of this article shall be punished by a fine not exceeding $500 or by imprisonment for any term not exceeding 90 days, or both; and each and every day that any violation continues shall be deemed to be and shall be a separate offense, punishable as aforesaid.
H. 
The contract operator is empowered to act on behalf of the City of Hoboken and to require any action by the citizens and residents of Hoboken that could have been required by the City itself pursuant to the various water supply ordinances of the City.
I. 
This article shall be construed in accord with any and all ordinances pertaining to termination and access of the contract operator. Nothing contained in these provisions shall be interpreted to limit, restrict or narrow any right, power or obligation given to the contract operator or the City of Hoboken by this article or by any law, rule, regulation or order of any governmental authority or body having jurisdiction. Nothing contained in these provisions shall be construed or interpreted to limit, restrict or narrow any provision of any ordinance previously adopted by the City of Hoboken as they currently read or as they may, from time to time, be amended, except as where such provision may contradict the provisions or any of them herein contained.
J. 
Connection fees.
(1) 
The initial fees for the right to connect to the City's water system shall include a connection fee or charge per unit for the cost of connection as set forth herein. These fees shall apply to all connections, whether direct, indirect, separate or shared.
(2) 
For each new unit, whether created by new construction or conversion or addition to an existing structure or change of use, there is established a water connection fee as set forth herein. For units involving new construction, the connection fees, charges or costs shall be paid before the connection is made; inspection fees shall be estimated and adjusted upon completion. Changes that increase the total number of units shall pay additional connection charges for each unit prior to the issuance of a Construction Code permit in accordance with the schedule herein. Each residential unit shall be charged for each single-family living accommodation or dwelling unit per connection. From and after January 1, 2020, a customer seeking to connect to the water system for the first time or to enlarge an existing connection shall pay the following connection fee: $231 per equivalent dwelling unit ("EDU"). An EDU is defined as the average water flow of the average 5/8-inch meter in the City, which is 300 gallons per day. For meters larger than 5/8-inch, the connection fee shall be determined by the number of EDUs that the larger meter represents times the connection fee for one EDU. The number of EDUs that meters larger than 5/8-inch represent is determined by the ratio of the average flow of the larger meter in the City to the average flow of an EDU as calculated in accordance with N.J.A.C. 7:14A-23. The following table provides the number of EDUs and the connection fee for different sized meters:
Meter Size
(inches)
Meter Capacity Ratio
(ratio to 5/8-inch Meter)
(EDUs)1
Water Connection Fee
5/8
1.00
$231
3/4
1.45
$334.95
1
2.55
$589.05
1 1/4
3.79
$875.49
1 1/2
4.84
$1,118.04
2
9.97
$2,303.07
3
19.20
$4,435.20
4
29.60
$6,837.60
6
60.10
$13.883.10
8
80.00
$18,480
10
115.00
$26,565
12
215.00
$49,665
NOTES:
1
This calculation shall be automatically adjusted in accordance with any amendments to N.J.A.C. 7:14A-23.
(3) 
Connection fees, which are one-time initial service charges for the right to connect, are deemed an integral part of the City's rate schedule.
(4) 
Should the foregoing connection fees create a hardship, application can be made to the Mayor and Council for a time payment.
(5) 
Meter size (inches) shall be equal to water service line size (inches) unless expressly authorized by the Water Superintendent or the authorized designee of the City of Hoboken Water Utility.
[Added 3-18-2020 by Ord. No. B-248]
(6) 
The meter shall be installed within 90 days after tapping.
[Added 3-18-2020 by Ord. No. B-248]
K. 
Tapping fee.
[Amended 3-18-2020 by Ord. No. B-248]
(1) 
In instances where a water line must be installed from the water main, or other location, to the curb and/or a curb shutoff box installed, the applicant shall be charged a tapping fee plus the cost of the meter. The following table provides the tapping fee for different-sized mains:
Main Size
(inches)
Tap Size
(inches)
Water Tapping Fee
Any
3/4 inch to 2 inches
$403.25
Any
2 1/4 inches to 12 inches
$1,365
(2) 
If this work is performed by the applicant or its agent, an inspection fee of $110, per inspection hour, with a minimum of two hours, shall be applied.
L. 
Tampering; illegal connection; theft of service; failure to protect water service.
(1) 
The fee for unauthorized tampering with water service, including, without limit, illegal connections, tampering with the meter, breaking a meter seal or coupling seal, a backwards meter, unauthorized turning on of service after the contract operator, or the City of Hoboken Water Utility, has turned it off, removal of a meter, bypass of a meter, bypass of any required reduced pressure zone, backflow preventer, failure to protect the water service from freezing or to protect the water meter from flooding and theft of service by any means is $1,000 for each offense.
(2) 
The assessment of such fee shall be considered in the quantum of such penalty to be assessed and shall not in any way limit the contract operator's, or the City of Hoboken Water Utility's, rights to pursue additional enforcement of any kind, including the assessment of additional fees, fines or penalties, assessment for the cost of meter installation and assessment of estimated past unrecorded consumption during the past six years. The contract operator's, or the City of Hoboken Water Utility's, failure to enforce a fee or its decision to waive a fee shall not be considered a waiver of a customer's compliance with any term of these rules and regulations and shall not preclude the contract operator or the City of Hoboken Water Utility from any future enforcement rights.
M. 
Miscellaneous fees. The following fees shall be established for inspections, equipment, permits or other such service provided by Hoboken Water Utility:
[Amended 3-18-2020 by Ord. No. B-248]
Hydrant flow test
$320
Water use at construction site
Charges for the consumption of water identified in § 193-12A and $2,000 deposit for temporary meter
Meter test
$100
Return check fee
$25
Water shut-off fee
Monday through Friday between 8:00 a.m. and 3:30 p.m.
$49
Saturday and Sunday between 7:00 a.m. and 3:30 p.m. and Monday through Friday between 3:30 p.m. and 7:00 a.m.
$100
Water activation (turn-on) fee
Monday through Friday between 7:00 a.m. and 3:30 p.m.
Residential: $25
Commercial: $75
Saturday and Sunday between 7:00 a.m. and 3:30 p.m. and Monday through Friday between 3:30 p.m. and 7:00 a.m.
Residential: $50
Commercial: $150
Water services application fee for new or changed water services
For water service lines less than 2 inches: none
For water service lines 2 inches or larger: $50 per EDU
The number of EDUs a water service line size represents is set forth in the table of connection fees herein
Water meter
(at prevailing cost)
Meter, fittings, valve boxes and other parts
Cost plus 15%