[HISTORY: Adopted by the City Council of the City of Beverly
as Art. XXX of the Code of Ordinances. Amendments noted where applicable.]
The Senior Civil Engineer, in addition to having charge of all
engineering, shall, under the jurisdiction of the Director of Engineering,
Commissioner of Public Services, Public Works, have the general charge
and supervision of the water distributing plant and pipes and all
the property of the City pertaining thereto, shall maintain the same
in good condition, shall use and operate the same, and shall exercise
a general supervision over all the water business of the City, and
shall lay and maintain all pipes, conduits and other fixtures and
appliances necessary for distributing water to the inhabitants of
the City.
In all cases where meters are furnished and attached, the Director
of Engineering, Commissioner of Public Services, Public Works shall
record, in a book kept for the purpose, the style, size and number
of each meter, date when purchased, location, date when set, reading
at such date, a detailed statement of test and percentage of error
shown and the reading and date when reset, as well as a description
of all defects and repairs of such meters.
The Director of Engineering, Commissioner of Public Services,
Public Works shall repair all leaks and breaks from any cause in the
main pipes, hydrants, gates or services attached to the distributing
plant; and when in the performance of these repairs, or for any other
purpose, it becomes necessary to shut off the water from any pipe,
the Director shall duly notify all takers thus to be deprived of water,
except in cases of emergency; and shall sufficiently repair all injuries
to any street, sidewalk, highway or other public property caused by
the distributing plant. The Director shall keep a detailed record
of the height of water in the reservoir and sources of supply of the
City.
The Director of Finance shall have the power to prescribe such
water and sewer rates as may be approved by the City Council, subject
to such changes as the City Council may from time to time adopt. He
shall commit all bills for water and sewer rates and the use of water
to the Collector of Taxes for collection.
All water used in the City shall be charged for, and all premises
of every person or organization taking water shall be metered.
All City water used by private contractors under City contract
shall be charged for and the regular schedule of rates for the same
collected in the manner provided in this chapter. The payment therefor
by each contractor shall be provided for in the specifications of
each contract.
[Amended 4-4-2002 by Ord. No. 98]
A.
Authority. This section is adopted by the City of Beverly under its
police powers to protect public health and welfare and its powers
under MGL c. 40, § 21 et seq., and implements the City of
Beverly's authority to regulate water use pursuant to MGL c. 41, § 69B.
This section also implements the City of Beverly's authority under
MGL c. 40, § 41A.
B.
Purpose. The purpose of this section is to protect, preserve and
maintain the public health, safety and welfare whenever there is in
force a state of water supply conservation or state of water supply
emergency by providing for enforcement of any duly imposed restrictions,
requirements, provisions or conditions imposed by the City of Beverly.
C.
PERSON
STATE OF WATER SUPPLY CONSERVATION
STATE OF WATER SUPPLY EMERGENCY
WATER USERS or WATER CONSUMERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any individual, corporation, trust, partnership or association,
or other entity.
A state of water supply conservation declared by the City of Beverly pursuant to Subsection D of this section.
A state of water supply emergency declared by the Department
of Environmental Protection under MGL c. 21G, §§ 15
through 17.
All public and private users of the City of Beverly's public
water system, irrespective of any person's responsibility for billing
purposes for water used at any particular facility.
D.
Declaration of a state of water supply conservation. The Mayor, acting through the Director of Engineering, Commissioner of Public Services, Public Works, may declare a state of water supply conservation upon a determination by said Director of Engineering, Commissioner of Public Services, Public Works that a shortage of water exists and that conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice of a state of water supply conservation shall be given pursuant to Subsection F of this section before it may be enforced.
E.
Restricted water uses. A declaration of a state of water supply conservation
may include one or more of the following restrictions, conditions,
or requirements limiting the use of water, as well as any other restriction,
condition or requirement that the City of Beverly determines to be
necessary to protect the water supply. The applicable restrictions,
conditions or requirements shall be included in the public notice
required hereunder.
(1)
Odd/Even day outdoor watering. Outdoor water use, whether by hose
or automatic sprinklers, by water users with odd-numbered addresses
is restricted to Monday, Wednesday and Friday. Outdoor watering by
water users with even-numbered addresses is restricted to Tuesday,
Thursday and Saturday. There shall be no outdoor watering on Sunday.
(2)
Outdoor watering ban. All outdoor water use is prohibited.
(3)
Outdoor watering hours. Outdoor water use, whether by hose or automatic
sprinklers, is permitted only during daily periods of low demand,
to be specified in the declaration of a state of water supply conservation
and public notice thereof.
(4)
Filling swimming pools. Filling of swimming pools is prohibited.
(5)
Automatic sprinkler use. The use of automatic sprinkler systems is
prohibited.
F.
Public notification of a state of water supply conservation; notice to DEP. Notification of any provision, restriction, requirement or condition imposed by the City of Beverly as part of a state of water supply conservation shall be published in a newspaper of general circulation within the City of Beverly, or by such other means reasonably calculated to reach and inform all users of water of the state of water supply conservation. Any restriction imposed under Subsection E shall not be effective until such notification is provided. Notification of the state of water supply conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
G.
Termination of a state of water supply conservation; notice. The
Mayor, acting through the Director of Engineering, Commissioner of
Public Services, Public Works, may terminate a state of water supply
conservation upon a determination by the Director of Engineering,
Commissioner of Public Services, Public Works that the water supply
shortage no longer exists. Public notification of the termination
of a state of water supply conservation shall be given in the same
manner required hereunder.
H.
State of water supply emergency; compliance with DEP orders. Upon
notification to the public that a declaration of a state of water
supply emergency has been issued by the Department of Environmental
Protection, no person shall violate any provision, restriction, requirement,
or condition of any order approved or issued by the Department intended
to bring about an end to the state of emergency.
I.
Enforcement. The Commissioner of Public Services, the Director of
Municipal Inspections, the Fire Chief and the Chief of Police, or
their designees, shall be authorized to issue citations for violations
of this section.
J.
Violations and penalties. Any person violating this section shall
be liable to the City of Beverly in the amount of $50 for the first
violation and $100 for each subsequent violation. Each day of violation
shall constitute a separate offense.
The Director of Engineering, Commissioner of Public Services,
Public Works shall, as often as twice in each year, cause the premises
of every person taking water to be visited, and the water meter therein
to be examined by a properly qualified inspector, and shall exercise
a constant supervision over the use of water.
The Director of Municipal Inspections shall cause the entrance
of all water pipes hereafter laid to any building in the City to be
at least 10 feet distant horizontally for its entire length from any
house sewer line or a distance of at least 18 inches above such house
sewer line.
When a water pipe is laid in any public or private street or
way of the City, the City Council shall assess upon owners of estates
abutting on such street or way the cost thereof, based upon the estimated
average cost of the water pipes in the water supply system adopted
by the City by the following fixed uniform rate: $1 per foot of frontage
which such estates have upon any street or way where a water pipe
is constructed and $0.01 per square foot of area which such estates
contain within 100 feet from such street or way. Such assessments
shall be ascertained, assessed and certified by the City Council,
to the Board of Assessors for assessment, and notice thereof shall
be given to the party to be charged or his tenant or lessee.
When estates abut upon more than one street or way, assessment
for water pipes based upon frontage shall be assessed upon the frontage
of one such street or way, and upon so much of such other street or
streets as is not exempted by the City Council. The City Council may
exempt from assessment so much of the frontage on such other street
or streets as it deems just and equitable.
If any water pipes are laid in a public or private way or land
at the total expense of the owner thereof, his land shall not be assessed
for such water pipes, except for the cost of connecting it with water
pipes already established. The pipes thus laid become public and available
for use by future residents.
[Amended 1-26-1993 by Ord. No. 67]
A.
All meters two inches in size and larger shall be tested at the following
frequencies:
|
Meter Size
(inches)
|
Testing Frequency
(years)
| |
|---|---|---|
|
2 to 3
|
5
| |
|
4 to 6
|
3
| |
|
Above 6
|
1
|
B.
The users of large meters shall pay for the actual cost of testing
plus a fifteen-percent charge for overhead costs. Any meters found
to be more than 3% in error shall be repaired or replaced. The actual
cost of repairing or replacing the meter shall be paid for by the
user of the meter. A fifteen-percent charge shall be added to this
cost for overhead.
C.
Demand charge. The Director of Engineering, Commissioner of Public
Services, Public Works is hereby authorized to collect a one-time
demand charge from all newly constructed and newly created residential,
commercial, and industrial units, including new residential condominium,
commercial and industrial units within existing buildings, according
to the schedule of charges appearing below. The purpose of such demand
charge is to fund a portion of the cost of supplying sufficient water
at adequate pressure to meet the increasing demands for water by the
cumulative effect of new residential, commercial, and industrial units
being supplied with water. Such demand charge shall be separate and
distinct from the application for water permit fee and shall be paid
after approval of the application for water but prior to the initiation
of water service and issuance of the building permit.
|
Water Demand Fee
Schedule of Charges
[Added 6-6-2016 by Ord.
No. 101] | ||||
|
Pipe Size at Building
(inches)
|
Cubic Inches/Foot
|
Domestic Use
|
Fire Suppression
| |
|
1
|
9.43
|
$2,500
|
$2,000
| |
|
1 1/4
|
14.7
|
$4,677
|
$3,118
| |
|
1 1/2
|
21.2
|
$6,744
|
$4,496
| |
|
2
|
37.7
|
$11,994
|
$7,996
| |
|
4
|
150.8
|
$47,975
|
$31,983
| |
|
6 to 8
|
339.3 to 603.2
|
$149,920
|
$99,947
| |
|
10 to 12
|
942.5 to 1,357.2
|
$365,806
|
$243,870.50
| |
[Amended 10-17-1988 by Ord. No. 412]
Fees shall be collected by the Public Services Department for
the following water meter services:
A.
Seasonal removal and resetting of water meters, for each removal
or resetting.
B.
Repair of frozen meters due to the negligence of the owner or occupant
of the property: price of meter, plus labor to remove and install.
C.
Meter tests if the meter is found to be working and measuring correctly,
per test.
[Amended 10-17-1988 by Ord. No. 412; 6-9-2004 by Ord. No.
193]
The Public Services Department shall collect a fee for each
application for water and sewer permits.
[Amended 2-21-1989 by Ord. No. 108B]
The Director of Engineering, Commissioner of Public Services,
Public Works is hereby authorized to collect a fee for each fire flow
test on hydrants within the City, to be charged to the person or entity
so requesting such fire flow test.
