[Ord. 1969-4, 1/15/1969, § 1]
Water meters shall be installed for all consumers of water within
said Borough; provided, however, that water supplied in separate service
lines for standby fire protection service shall not be metered.
[Ord. 1969-4, 9/15/1969, § 1; as amended by Ord.
1975-7, 2/17/1975, § 1]
The Council of the Borough of Doylestown shall, by resolution,
establish and maintain a schedule of water rates and such rules and
regulations as it shall, from time to time, deem advisable for the
furnishing of water service beyond the corporate limits of the Borough
of Doylestown. The schedule of water rates and rules and regulations
applicable to and governing the furnishing of water beyond the corporate
limits of the Borough shall be in accordance with the laws of the
Commonwealth of Pennsylvania, the rules and regulations of the Pennsylvania
Public Utilities Commission and the provisions of Ordinance No. 1969-4
governing the service of water within the corporate limits of the
Borough.
[Ord. 1969-4, 9/15/1969, § 2; as amended by Ord.
1974-13, 12/16/1974, § 1; by Ord. 1982-21, 12/20/1982, § 1;
by Ord. 1986-14, 12/15/1987; by Ord. 1998-7, 8/17/1998, § 1;
by Ord. 2004-1, 1/5/2004, § 1; by Ord. 2004-13, 12/20/2004,
§ 1; by Ord. 2005-16, 12/19/2005, § 1; by Ord. 2012-7, 12/17/2012; by Ord. 2014-14, 12/15/2014; by Ord. 2016-10, 12/19/2016; by Ord. 2017-20, 12/18/2017; and by Ord. No. 2018-12,
12/17/2018]
1.
Meter Rates.
A.
Beginning with the next billing due date, (as heretofore established)
on or subsequent to the date of enactment hereof, and until otherwise
directed by ordinance, the price of water furnished by the Borough
shall be as follows, computed quarter-annually:
[Amended by Ord. No. 2019-7, 12/16/2019; by Ord. No. 2021-12, 12/20/2021; and by Ord. No. 2022-11, 12/19/2022]
(1)
With respect to meters that service no more than one consumer unit, the quarterly base charge for the use, during that quarter, of up to 3,000 gallons of water provided through service shall be determined by the meter size, in accordance with the schedule provided below in Subsection 1A(1)(a) through (e). For meters that service more than one consumer unit, said base charge shall be equal to the number of consumer units serviced by the meter multiplied by the quarterly base charge determined by the meter size in accordance with the schedule provided below in Subsection 1A(1)(a) through (e); the gallon allowance for such meter shall be equal to 3,000 multiplied by the number of consumer units.
(a)
For a meter that is less than 1.5 inches, the base charge will be
$28.75 for each quarter, or any portion thereof;
(b)
For a meter that is at least 1.5 inches but less than two inches,
the base charge will be $30.22 for each quarter, or any portion thereof;
(c)
For a meter that is at least two inches but less than three inches,
the base charge will be $33.14 for each quarter; or any portion thereof;
(d)
For a meter that is at least three inches but less than four inches,
the base charge will be $34.59 for each quarter, or any portion thereof;
or
(e)
For a meter that is four inches or more, the base charge will be
$36.06 for each quarter, or any portion thereof.
3.
Capital Contribution Fee.
[Added by Ord. No. 2022-11, 12-19/2022]
A.
Payment of Fee Required.
(1)
All persons, films, or corporations receiving water services
shall pay a $5 per unit per quarter capital contribution fee with
respect to any residential, office, retail, commercial, industrial,
or any other use, which is currently or will be served by the Borough
of Doylestown Water Department.
(2)
The quarterly capital contribution fee will be included in the
water bill. Payment of the bill is described in § 115 of
this Part.
B.
In the event of any subdivision, subsequent expansion of a residential,
office, retail, commercial, industrial, or any other use, there shall
be a payment of the aforesaid capital contribution fee in proportion
to the number of consumer units subdivided or to be developed. This
capital contribution fee shall include conversions of single-family
homes into two-family or multifamily homes, for each additional consumer
unit or fraction thereof. In case of office, retail, commercial, industrial,
or any other nonresidential use or subsequent expansion thereof, the
initial consumer units will be estimated based on information provided
by the user and as accepted by the Borough of Doylestown Water Department.
[Ord. 1969-4, 9/15/1969, § 3]
1.
Rules and Regulations.
A.
These rules and regulations shall take effect as soon as this Part
1 becomes effective.
2.
Application, Contracts, etc., for Service Lines or Extensions Thereto.
A.
Any property owner desiring the introduction of a service line or
lines from the Borough's water main into his or her premises for a
private supply of water shall have a master plumber, registered as
such in Doylestown Borough, make application for service on forms
provided by the Borough.
B.
All applications, as aforesaid, must be signed by the property owner
to whom the service is to be extended, or his duly authorized agent.
C.
The owner of the premises to which water is supplied will be held
responsible for all water bills and the proper observance of the rules
and regulations of the Borough pertaining to the water system therein.
D.
No owner of any premises supplied with water by this Borough will
be allowed to supply other persons or families or other premises,
except by written permit from the Borough. All persons violating this
rule may have their water shut off, after five days' notice, and it
may remain so until the Borough is satisfied that the rules and regulations
will be observed, and, in addition, such persons shall be subject
to the fine hereinafter provided.
3.
Service Lines.
A.
Upon approval of the application of any property owner for a supply
of water, the customer will be responsible at his/her sole expense
for tapping the water main and installing the corporation stop, service
line, curb stop and service box and for appropriate backfill and resurfacing
of the road. All work is to be overseen by a Borough-appointed inspector,
the cost of which shall be borne by the customer. The customer shall
be responsible for any and all injury or damage in consequence thereof
or arising out of accessing the supply of water and shall indemnify
the Borough and its appointed designee for all damages arising from
accessing the supply of water.
[Amended by Ord. 2013-10, 9/16/2013]
B.
All new or replaced water service lines exceeding 100 feet in length
shall include a meter pit installed by the customer within three feet
of the curb box on the customer's side of the service line. The customer
shall be responsible for any and all injury or damage in consequence
thereof or resulting therefrom.
[Amended by Ord. 2013-10, 9/16/2013]
C.
The service line from the curb stop and service box to the premises
shall be kept in good condition by the owner-under penalty of discontinuance
of service by the Borough.
D.
Under no circumstances shall any person not authorized by the Borough
turn the stop cock on or off, under penalty. Any plumber registered
in the Borough of Doylestown shall be authorized to shut off curb
stop after receiving permission from the Borough Manager or Plumbing
Inspector.
E.
All service lines hereafter laid shall be in accordance with the
Doylestown Borough Plumbing Code and subject to inspection and approval
or rejection by the Borough authorities. Notwithstanding the provisions
of the code, however, service lines of less than three inches in diameter
shall be constructed of Type K copper and shall be laid to a depth
of not less than three feet, unless otherwise permitted by the Borough
for good cause.
[Amended by Ord. 2013-10, 9/16/2013]
F.
When two or more consumers are supplied through a single service,
any violation of the rules of the Borough by either or any of said
consumers shall be deemed a violation as to all, and the Borough may
take such action as could be taken against single consumers, except
that such action shall not be taken until the innocent consumer, who
is not in violation of the rules of the Borough, has been given a
reasonable opportunity to attach his pipes to a separately controlled
service connection.
4.
Standby Fire Protection Service.
A.
In addition to the foregoing rules and regulations, the following
shall apply: Water supplied by the Borough for stand-by fire protection
service shall not be used for domestic home, business, industrial
or any purpose except for the extinguishing of fires, testing of fire-extinguishing
sprinkler or similar systems, or emergency actually requiring the
use of such water to protect and conserve life, limb or property.
B.
Water supplied for said purpose shall be only through separate and
distinct service line or lines, the entire installation of which (including
the tapping of the main, inserting corporation cock, carrying service
line to curb, installing curb stop and service box) shall be done
at the expense of the property owner, but under the management, supervision
and inspection of the duly authorized agents and employees of the
Borough.
5.
Adoption
of Standard Specifications.
[Added by Ord. No. 2023-9, 6/26/2023]
A.
A certain
document, being designated as the "Standard Specifications for Construction
of Water Mains and Appurtenances," including all accompanying standard
detail drawings, is hereby adopted and incorporated as the technical
manual of the Borough of Doylestown, for the control of water mains
and appurtenances as therein provided, as if fully set out at length
herein.
B.
Copies
of this technical manual are on file with the Borough Clerk and the
Borough Water Department for public inspection. The technical manual
is also maintained on the Borough's website.
[Ord. 1969-4, 9/15/1969; as added by Ord. 1992-12, 11/16/1992,
§ 1]
1.
Any property owner within the Borough of Doylestown who is an existing
consumer of water within the Borough may, subject to the provisions
of this Section, install a separately metered water system upon his
premises for special purposes where the water, before or after use,
will not be discharged into the Borough sanitary sewer system.
A.
From and after the effective date of this Section, no irrigation
system shall be installed, used or operated upon any property within
the Borough of Doylestown, unless such irrigation system shall have
been first authorized, by the Borough as a special purpose water system
in accordance with the provisions of this Section.
B.
An irrigation system for purposes of this Section shall mean any
permanent system of piping, valves, spray heads, or other head types,
which shall be an integral part thereof, located on or below the ground
surface and intended and employed for the watering of lawns, grass,
flowers, trees, shrubbery or any other plantings with water drawn
from the Borough water system.
C.
Any irrigation system approved by the Borough as a special purpose
water system pursuant to the provisions of this Section shall be equipped
with an automatic timer which shall control the operation of the system.
Said timer shall be set so that the system operates only between the
hours of 9:00 p.m. and 6:00 a.m. or such other hours as Borough Council
may, from time to time, by separate resolution determine.
3.
Any property owner desiring to install a special purpose water system upon his property shall make application for same with the Borough in accordance with the provisions of § 104, subsection (2) of this Part 1 and shall pay an application fee of $15 and an escrow deposit of $250 for review by the Borough Engineer at the time of such application. The amount of the required application fee and escrow deposit may be modified from time to time by separate resolution of Borough Council. Additionally, the application shall be accompanied by a plan drawn to scale showing the layout and specifications of the special purpose water system in form and substance satisfactory to the Borough Engineer.
4.
All special purpose water systems shall be connected to the existing
water service line at a point before the existing water meter at a
convenient location upon the property outside of the area of any existing
right-of-way. All special purpose water systems, including all components
thereof, shall be laid and installed in accordance with the Doylestown
Borough Plumbing Code and be subject to inspection and approval by
the Borough. All such systems shall be installed and maintained in
good condition at the sole cost and expense of the owner of the property.
5.
All special purpose water systems shall be permanent, in-ground systems and shall require the installation of a separate water meter in a concrete or brick pit with a suitable cover with lock and key. The provisions of § 105 subsections (2), (5), (7), (8), and (9) of this Part 1 shall be fully applicable to special purpose water systems.
6.
All special purpose water systems shall have a ball valve installed at the point of connection with the existing water service line as specified in subsection (4), above. A back flow preventer, specified by the Borough, shall be installed on the special purpose, water system service time right after the ball valve and before any other parts of the system. This backflow preventer shall be installed in a location that is approved by the Borough. Said backflow preventer shall be serviced at least once a year by a qualified technician at the sole expanse of the property owner.
7.
Special purpose water systems may not be used for the application
of fertilizers, pesticides, herbicides or any other chemical solutions
or products nor may they be connected to or used to supplement in
any way the existing water system servicing the building(s) or persons
occupying the property. The special purpose water system may be used
only for the purpose specified in the application.
8.
The Borough may revoke the right to use any special purpose water
system for any of the following reasons:
A.
False or misleading information in the application.
B.
Improper maintenance of the system.
C.
Operating the system when water use restrictions are in effect.
D.
Operating the system after the property owner has been notified that
the Borough water supply is inadequate.
E.
Any violation of the provisions of this Part.
9.
The rates for the use of water in, special purpose water systems
shall be established and may be modified from time to time by separate
resolution of Borough Council. Billing procedures shall be the same
as established for other metered water usage.
10.
The Borough shall have the right to reject any applications for special
purpose water systems if it is determined that such systems would
be detrimental to the Borough's water system, its facilities or the
general public health, safety or welfare.
[Ord. 1969-4, 9/15/1969, § 4-A; as amended by Ord.
1990-12, 12/17/1990; Ord. No. 2004-10, 7-19-2004]
1.
The cost of all new water meters, excluding the replacement of existing
water meters up to and including 1 1/2 inches, including multiple
meters to service a single property, building or structure, shall
be paid by the owner of the building, property or structure to the
Borough in accordance with the Fee Schedule established, from time
to time, by resolution of Borough Council. The type and size of meter
shall be decided by the Borough and all meters shall be and remain
owned by the Borough. The cost of the replacement of existing water
meters larger than 1 1/2 inches shall be paid by the owner of
the building, property or structure to the Borough in accordance with
the Fee Schedule established, from time to time, by resolution of
Borough Council.
2.
The service line to which the Borough will attach a water meter must
be a separately accessible and billable service line controlled by
a separate exterior subsurface shut-off valve, the design of which
shall be subject to the approval of the Borough, which supplies a
single consumer unit. Where additional water meters are to be installed
on an existing service line servicing a single property, building
or structure, the owner of the building, property or structure shall
pay to the Borough, in addition to any other applicable charges, fees,
or costs, an additional meter connection fee for each such additional
water meter in accordance with the Fee Schedule established, from
time to time, by resolution of Borough Council.
3.
Meters shall be placed within the property lines and in a convenient
location within a building, and in no case shall any person other
than an authorized representative of the Borough change or alter or
interfere with the meter or the dials thereof.
4.
In cases where it is not reasonably possible to place a meter within
a building, a concrete or brick pit with suitable cover with lock
and key shall be built inside the curb line, at the expense of the
property owner.
5.
Stop and waste cocks must be properly placed at the expense of the
consumer on each side of the meter, so as to drain the water and pipes
when the water is shut off and permit removal of the meter.
6.
In all cases other than residences where steam or hot water under
pressures is used, a check and safety valve must be placed at the
expense of the consumer, directly ahead of the meter, and before any
outlets are taken off the service pipes, to prevent damage to the
meter.
7.
The property owner must, at all times, properly protect the meter
from damage by frost or any other cause and will be held responsible
for repairs to meter made necessary by his negligence.
8.
In case a meter stops registering, the water bill will be estimated
on the basis of the amount charged on the previous corresponding periods.
9.
Should any property owner doubt the accuracy of the meter measuring
the water delivered to his or her premises, he or she may, upon application
to the Borough, and upon making a deposit as set forth in the schedule
below to defray the cost, have said meter tested. Should the test
show the meter in question to be correct within 4%, the property owner
shall forfeit the deposit. Should the test show the meter to be registering
incorrectly with an error in excess of 4% of the accurate amount,
said deposit shall be refunded, the account adjusted accordingly and
the entire cost of the test shall be borne by the Water Department.
Deposits required with requests for meter tests are as follows:
|
For 5/8" to 1" meters – $35
|
|
For 1 1/4" to 2" meters – $50
|
|
For 3" meters and above – at cost
|
[Added by Ord. No. 2019-4, 9/16/2019]
1.
APPLICANT
CAPACITY COMPONENT
DISTRIBUTION COMPONENT
DOMESTIC UNIT or DU
GALLONS PER DAY or gdp
NONDOMESTIC UNIT
PROPERTY
WATER TAPPING FEES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An applicant for a connection to or additional use of the
water system.
With regard to the Borough's recovery of certain capital
costs, references the costs associated with the construction of all
facilities, including plants, lines, pumps, etc.
With regard to the Borough's recovery of certain capital
costs, references the costs for distribution or collection facilities.
Any room or group of rooms located within a residential building
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating by
one family. The determination of the Borough as to what constitutes
a separate domestic unit shall be final.
A peak daily average of the gallons of water which is or
may be used, which average is used to determine the water tapping
fee.
A separate building, group of buildings, or room or group
of rooms on a parcel of land held in single and separate ownership
and used for any purpose other than as a domestic unit. The determination
of the Borough as to what constitutes a separate nondomestic unit
shall be final.
Any parcel or property upon which a domestic unit or nondomestic
unit is located.
Charge(s) for water system capital costs, assessed against
the owner of the property.
2.
Imposition of Tapping Fee. A water tapping fee is hereby fixed and
imposed upon the owner of a property which is to be connected to the
Borough water system directly or indirectly and/or where a previously
connected use is changed and/or one or more new uses is/are to be
connected. Such connections may be through a new or existing connection,
connected separately or through one or more existing or new service
connections or supply lines owned by any owner other than the Borough.
3.
Connection to Borough Water System Required. All owners of a property
located or to be constructed within the Borough and situate so that
water service is available shall be required to connect said property
to the water system serving the Borough.
4.
Filing of Application. Before any new connection is made to the water
system, any new use is added to an existing connection, any connected
use is changed and/or used so as to increase water usage and/or any
connected use is changed to another use, the property owner must file
an application with the Borough. All applications shall provide such
relevant information as the Borough may require. No such connection,
change or additional usage shall be made and/or begun until and unless
the Borough approves the application and issues a connection permit
and the water tapping fee is paid in full.
5.
Tapping Fee Amount. The amount of each such tapping fee shall be
determined in accordance with the following fee schedule:
A.
Residential Use. For residential properties, the tapping fee shall
be calculated by multiplying the number of domestic units on the property
by $4,813, which amount is based upon the following components:
|
Capacity component (per domestic unit)
|
$924.10
|
|
Distribution component (per domestic unit)
|
$3,888.90
|
|
Total (per domestic unit)
|
$4,813
|
|
The tapping fee for each domestic unit is equivalent to 131
gpd.
|
B.
Nonresidential Use. The nonresidential properties tapping fee totals
$36.66 per gallon per day of peak water use based upon the following
components:
|
Capacity component
|
$7.04 gdp
|
|
Distribution component
|
$29.62 gdp
|
|
Total
|
$36.66 gdp
|
6.
Multiple Tapping Fees. The owner of any property which contains more
than one use shall pay a separate water tapping fee for each use.
7.
Additional or Expanded Uses. If any building connected to the water
system shall be converted, enlarged or remodeled or (an) additional
building(s) is/are to be constructed on a property and connected directly
or indirectly to the water system through an existing service or private
supply line, so as to create or establish an additional or expanded
use(s), an additional water tapping fee for each such additional or
expanded use shall be paid prior to the issuance of a connection permit
therefor and prior to the issuance of any building permit for any
improvements for the use. If no building permit is required, the water
tapping fee shall be paid prior to any occupancy permit for the use.
8.
Change of Use. If a connected use is changed, expanded and/or added
to, so that additional water use will result, an additional water
tapping fee is imposed. Such additional fee shall be equal to the
gpd of the additional peak daily water usage multiplied by $36.66
per gallon of such usage.
9.
Borough Determination of Usage. The Borough shall have the right,
at any time, to determine the actual water usage of any use connected
to the water system.
10.
Assessments Based on Actual Peak Daily Usage. For uses other than
a domestic unit(s), the Borough, from time to time, following the
connection of the use and/or the addition and/or change of a nonresidential
use already connected, may assess and impose an additional water tapping
fee based upon actual additional peak daily water usage (over the
usage for which the use's paid water tapping fee(s) was/were based).
Such additional fee shall be equal to the gpd of the additional peak
daily water usage multiplied by $36.66 per gallon of such usage.
11.
Tapping Fees are in Addition to Certain Other Fees. The water tapping
fee(s) imposed hereunder shall be in addition to:
12.
Decreased Usage. No refund, rebate or credit of water tapping fees
shall be made in the event of a decrease in water usage.
13.
Nontransferable Fees. No water tapping fee paid under this section
shall be transferable to any other property.
14.
Time for Payment. Water tapping fees shall be due and payable upon
the Borough's issuance of a connection permit for the proposed use
and/or change or addition to a use.
15.
Penalties and Interest. If a use is connected and/or begun before paying the required water tapping fee, the fee shall be subject to a 10% penalty, and the fee plus the penalty shall bear interest from the due date at the rate of 1% per month or fraction thereof until paid. The Borough shall have all rights and remedies as set forth in Chapter 26, Part 1, § 115, with regard to the payment of water bills.
16.
Borough Right to Revise. The Borough reserves the right to revise
the tapping fee by resolution of the Borough Council to reflect appropriate
amendments to the cost components or other elements of the required
calculation of the tapping fee. Such amendments shall be deemed to
revise the tapping fee of the Borough set forth herein, shall be available
upon request for public inspection, and shall be construed as part
of this section.
[Ord. 1969-4, 9/15/1969, § 5-A]
1.
The Borough will not be liable for any damage resulting from leaks,
broken pipes, or from any other cause occurring to or within any house
or building, and by accepting water service, the property owner and
user expressly agrees that no claims shall be made against the said
Borough on account of the bursting or breaking of any main or service
pipe or any attachment to said water works.
2.
Under no circumstances shall the water be wilfully allowed to run
in any hydrant, faucet, water closet, urinal, bath or other fixture,
except when in actual use, under penalty of fine hereinafter provided.
[Ord. 1969-4, 9/15/1969, § 6-A]
1.
The Borough, by its Plumbing Inspector or other duly authorized agents,
shall at all reasonable hours have access to the water pipes, fixtures
and meters upon the premises, or within the house for the purpose
of turning the water on or off, examining the water pipes and fixtures,
and for repairing, reading or replacing the meters.
[Ord. 1969-4, 9/15/1969, § 7-A]
1.
No person or persons, except the Borough's duly authorized agents
shall open or close the valves in any Borough main or break the seal
placed upon any water meter installed, under penalty of the fine hereinafter
provided. Any plumber registered in Doylestown Borough may open or
close curb stops after receiving permission from the Borough Manager
or Plumbing Inspector.
[Ord. 1969-4, 9/15/1969, § 8-A]
No person shall open any fire hydrant or use any water therefrom
for sprinkling any street, for building or for any other purpose than
fire protection, without permission in writing from the Borough Manager.
No person shall wilfully open, break, injure or inflict any damage
whatsoever upon any of the apparatus, machinery, basins, pipes or
fire hydrants, erected or installed for the supply of water to the
Borough; or shall throw or cast any filth or foreign matter whatsoever
into any spring or reservoir or other water source connected with
the Borough water system; or shall injure or destroy any of the fences,
enclosures, walks or walls belonging to the water works or water system
of the Borough.
[Ord. 1969-4, 9/15/1969, § 9-A]
1.
The Borough reserves the right at all times after five days' notice
to shut off the water from any property connected with the Borough
water system for any of the following reasons:
A.
Refusal of property owner to have water meter installed on his property;
B.
Misrepresentation in application as to property or fixtures to be
supplied, or the use to be made of the water supply;
C.
The use of water for any other property or purpose than that described
in the application;
D.
The waste through improper or imperfect pipes, fixtures or otherwise;
E.
Vacancy of the premises;
F.
Violation or refusal to comply with any rules of the Borough relating
to water;
G.
Nonpayment of water rent, including payment of the quarterly capital
contribution fee.
[Amended by Ord. No. 2022-11, 12/19/2022]
2.
The Borough shall have the right to cut off the water without notice
in case of breakdowns or for other unavoidable causes, or for the
purpose of making necessary repairs, connections, etc. Reasonable
notice will be given when practicable.
[Ord. 1969-4, 9/15/1969, § 10-A]
1.
The Borough shall not be liable for a deficiency or failure in the
supply when occasioned by shutting off water to make repairs or connections
or failure from any cause whatever. The Borough reserves the right
to restrict the supply of water in case of scarcity or whenever the
public welfare may require it.
[Ord. 1969-4, 9/15/1969, § 11-A; as amended by
Ord. 1984-18, 10/15/1984, § 1]
1.
Pumps will not be permitted to be connected with the water pipes,
so as to draw water directly from main or service pipe except upon
special permission from the Plumbing Inspector.
2.
If the Borough determines that it is experiencing a short term or
long term water supply shortage, then the Borough, by resolution of
Borough Council, may request general conservation by any or all water
customers or users, of any inside water uses and, in addition, may
impose mandatory conservation measures to reduce or eliminate any
non-essential outside uses of water, including but not limited to
the following:
A.
The use of hoses, sprinklers, or other means for sprinkling or watering
of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables,
flowers, or any other vegetation.
B.
The use of water for washing automobiles, trucks, trailers, trailer
houses, or any other type of mobile equipment.
C.
The washing of streets, driveways, parking lots, service station
aprons, office buildings, exteriors of homes, sidewalks, apartments,
or other outdoor surfaces.
D.
The operation of any ornamental fountain or other structures making
a similar use of water.
E.
The use of water for filling swimming or wading pools.
F.
The operation of any water-cooled comfort air conditioning which
does not have water conserving equipment.
G.
The use of water from fire hydrants for construction purposes or
fire drills.
H.
The use of water to flush a sewer line or sewer manhole.
I.
The use of water for commercial farms and nurseries other than a
bare minimum to preserve plants, crops, and livestocks.
3.
Notice of any resolution of Borough Council requesting general conservation
of water useage or imposing mandatory conservation measures shall
be sent to all water customers and in addition, such notice shall
be published at least one time in a newspaper of general circulation
in the Borough of Doylestown.
4.
Prior to the imposition of any sanctions or penalties upon any customer
or user for an initial failure to comply with any mandatory conservation
measures as established by Borough Council, the Borough shall notify
such customer or user of such initial violation and afford such customer
or user an opportunity to cure such violation by voluntary compliance.
5.
In addition to any other remedies or penalties provided by law or
by this ordinance for failure to comply with any mandatory conservation
measures as established by Borough Council, the Borough is hereby
authorized to restrict the flow of water to any customer or user in
violation of the provisions of this section by an amount not to exceed
50% of normal flow capacity.
6.
In addition to the provisions as set forth above, the Pennsylvania
Emergency Management Council is authorized to promulgate, adopt, and
enforce a Water Rationing Plan by virtue of the Emergency Management
Services Code, 35 PA C.S. § 1701 et seq, as implemented
by the Drought Emergency Proclamation dated November 6, 1980.
[Ord. 1969-4, 9/15/1969, § 12-A]
1.
The Borough reserves the right to change or amend from time to time
these rules and regulations and the rates for the use of water, in
accordance with law.
[Ord. 1969-4, 9/15/1969, § 13-A]
1.
When the premises are vacated, the property owner must give notice
at the office of the Borough in order that the Borough may shut off
the water, and he will be responsible for the water rent until such
notice is given and for any damage to Borough property.
2.
A new application must be made on any change of use or occupancy
of property, and the Borough shall be at liberty to discontinue the
water supply until such new application has been made and approved.
[Ord. 1985-5; as amended by Ord. 2004-13, 12/20/2004, § 2;
Ord. 1969-4, 9/15/1969, § 14-A; as amended by Ord. 1982-3,
2/23/1982, § 1; by Ord. 1985-5, 5/23/1985, § 1;
Ord. 1993-1, 1/18/1993, § 1]
1.
All minimum meter rate bills, including the quarterly capital contribution
fee, are due and payable for each quarter, or any portion thereof,
on the date of the bill, which shall be rendered quarterly.
[Amended by Ord. No. 2016-6, 8/15/2016; and by Ord. No. 2022-11, 12/19/2022]
2.
Responsibility for payment of all bills shall be that of the owner
of the property connected with the Borough water system.
3.
Failure to receive a bill shall not exempt any consumer from payment
of water rate or penalty. The presentation of a bill to the consumer
is only a matter of accommodation and not a waiver of this rule.
4.
Any water service discontinued on account of nonpayment of water
rent, including the quarterly capital contribution fee, shall not
be resumed again until all arrearages of water rent, together with
an additional charge of $50 or such other charge as Borough Council
may from time to time by resolution establish, to cover the costs
of turning water off and on, have been paid.
[Amended by Ord. No. 2022-11, 12-19/2022]
5.
All bills for standby fire protection service are due and payable
annually in advance at the same time as the first quarterly meter
rate bills for the property in question shall become due. All other
provisions of this Part 1 relating to meter rate bills shall also
apply to bills for stand-by fire protection service.
6.
In addition to the interest, payments and penalties provided by this
Part, the Borough may at its option exercise any or all of the following
collection remedies:
[Added by Ord. 2015-11, 6/15/2015]
A.
The filing
of a summary complaint under § 117 of this Part.
B.
The filing
of a civil action for collection of any and all past due fees, interest
and penalties.
C.
The filing
of a municipal lien or other claims as authorized by the Municipal
Claims and Tax Liens Act, 53 P.S. § 7101 et seq.
D.
Such
other remedy as may be provided to municipalities by law.
E.
Attorneys'
Fees; Interest.
(1)
The
Borough and/or its authorized agents shall impose and collect attorneys'
fees in accordance with the Act upon all claims, liens, and other
related actions pertaining to delinquent water accounts.
(a)
Prior to assessing or imposing attorneys' fees in connection with
a delinquent account, the Borough shall provide such notice as may
be required by the Act.
(b)
The Borough, including its Solicitor, may take all actions allowed
by law to enable the Borough to recover incurred attorneys' fees from
any person responsible for this cost and to include such attorneys'
fees in municipal claims. This authorization includes, but is not
limited to, sending notification to the responsible person(s) of the
Borough's intent to impose incurred attorneys' fees.
(c)
Attorneys' fees shall be assessed at a rate of $150 per hour, or
the then-current hourly rate of the Borough Solicitor, as set by Borough
resolution.
[Ord. 1969-4, 9/15/1969, § 15-A; as amended by
Ord. 1998-7, 8/17/1998, § 2]
For purposes of this Part 1, a "consumer unit" to which separate meter rates and charges are applicable pursuant to § 103 of this Part 1, is defined as any dwelling unit, as that phrase is defined under Chapter 27 of the Code of Ordinances of the Borough of Doylestown, or any nonresidential building or buildings, or units therein which are separately owned and/or occupied as condominiums, leaseholds or by any other right of possession, where a water metered connection supplies water to consumers therein regardless of whether the use of such water source is exclusive of or in common with other consumers therein.
[Ord. 1969-4, 9/15/1969, § 16; as amended by Ord.
1984-1, 2/23/1984]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and/or to imprisonment for a term not
to exceed 90 days.
