[Adopted 10-10-2011 by Ord. No. 2011-8]
This article shall be known and may be cited as the "Borough
of Lewistown Mandatory Water Connection Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
AUTHORITY
The Municipal Authority of the Borough of Lewistown, its
successors and assigns.
BOROUGH
The Borough of Lewistown, Mifflin County, Pennsylvania.
CUSTOMER SERVICE LINE
The pipe and any other facilities by means of which water
service is extended from the property line or curb stop of the water
customer to the proposed dwelling or building to be served.
IMPROVED PROPERTY
Any property located within the Borough of Lewistown upon
which is erected a house, building, structure or other improvement
intended for continuous or periodic habitation, occupancy or use requiring
water by humans.
PERSON
An individual, corporation, partnership, limited liability
company, limited liability partnership, association, society or other
entity.
WATER METER
A device for the measuring of the quantity of water used
by a property owner.
WATERLINE
A line for the transmission and delivery of water to abutting
property owners, constructed in the Borough and owned and/or operated
by the Authority.
WATER SUPPLY SYSTEM
The water distribution system constructed in the Borough
and owned and/or operated by the Authority, including, but not limited
to, all necessary lands, easements and rights-of-way, and all necessary
lines and equipment including lines, pumping stations, water distribution
systems, fire hydrants, valves and other appurtenances of the water
supply system.
Every owner of an improved property within the Borough which
abuts a waterline and/or water supply system constructed in the Borough
and owned and/or operated by the Authority and upon which is situated
any house, building, structure or other improvement intended for continuous
or periodic habitation, occupancy or use requiring water by humans,
which is located within 150 feet of the waterline and/or water supply
system at its nearest point, shall connect such house, building, structure
or other improvement intended for continuous or periodic habitation,
occupancy or use requiring water by humans to the waterline and/or
water supply system, at such owner's cost, including the payment
of all connection fees, tapping fees and other fees imposed by the
Authority for the connection of the property to the water supply system.
Where a waterline is located in a public street or right-of-way, property
on either side of such public street or right-of-way shall be deemed
to abut said waterline and shall be deemed to be accessible to the
water supply system.
Industries and farms that have their own supply of water for
uses other than human consumption may continue to use said water for
such purposes but shall at all times be required to use the Authority's
water supply system in relation to water used for human consumption.
Others who have their own supply of water for uses other than human
consumption may continue to use said water for such purposes upon
written request to the Borough and upon written approval by the Borough
but shall at all times be required to use the Authority's water
supply system in relation to water used for human consumption.
If the owner of any improved property abutting the water supply
system neglects, fails or refuses to connect with and use such water
supply system within 45 days after notice so to do has been served
by the Borough Council of the Borough of Lewistown or its agent(s),
the Borough Council of the Borough of Lewistown or its agent(s), including
the Authority, may enter the property and construct said connection.
The Borough shall send an itemized bill of the cost of construction
of connection to the owner of the improved property to which connection
has been made to provide water service to the improved property. Said
bill shall be due and payable immediately. In the case of a default
to make payment, the entire cost of construction of the connection
shall be due and payable, and the Borough may proceed to collect the
same pursuant to the law relating to municipal claims, 53 P.S. § 7101
et seq., as amended or supplemented, or by a civil action at law (in
assumpsit).
The cost of construction of the connection shall include the
cost of construction of the customer service line on the property
of the abutting owner from the property line or the curb stop of the
abutting owner to the building, house or other structure where the
water meter is located and shall include the cost of the water meter
and all necessary connections and equipment necessary to connect the
building, house or other structure to the waterline and water supply
system.
Each owner of any improved property in relation to which connection to the water supply system is mandatory in accord with §
236-3 of this article, Mandatory connection, shall make application, in writing, to the Authority for water service. Such application shall be in such form as the Authority shall designate. Additionally, each owner of any improved property in relation to which connection to the water supply system is mandatory shall pay any tapping fee then in effect as established by the Borough Council of the Borough of Lewistown or its agent(s), including the Authority.
No person shall willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the water supply system.
This Article
I, Mandatory Connection, may be enforced by an action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates this Article
I shall be guilty, upon conviction, of a summary offense and shall be liable for a fine in an amount of not less than $300 nor more than $1,000 plus costs. Default in payment of said fine and costs shall be punishable by imprisonment not to exceed 30 days. Each day that a violation shall continue shall be a separate violation or separate offense and shall be punishable as such.