[Ord. 31-1984, 2/6/1984, Art. 1]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this subpart shall be as
follows:
Spring Township Authority, a Pennsylvania municipality authority.
Any property within this Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Township.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The Township of Spring, Centre County, Pennsylvania, a Pennsylvania
municipality, acting by and through its Board of Supervisors or, in
appropriate cases, by and through its authorized representatives.
The water supply and distribution facilities, including all
related facilities owned and operated by the authority, including
all property, real, personal and mixed, rights, powers, licenses,
easements, rights-of-way, privileges, franchises and other property
or interests in property of whatsoever nature used or useful in connection
with such facilities, and together with all additions, extensions,
alterations, improvements and betterments thereof or thereto which
may be made, installed or acquired, from time to time, by or for the
authority.
[Ord. 31-1984, 2/6/1984, Art. 2]
1.
The owner of any improved property which is located in this Township
and abutting the water system, except those industries and farms who
have their own supply of water for uses other than human consumption,
shall connect such improved property to the water system in such manner
as this Township and the authority may require, within 90 days after
notice to such owner from this Township to make such connection.
2.
The notice by this Township to make a connection to the water system, referred to in Subsection 1 above shall consist of a copy of this subpart, including any amendments at the time in effect and a written or printed document requiring such connection in accordance with the provisions of this subpart and specifying that such connection shall be made within 90 days from the date such notice is given. Such notice may be given at any time after a water main is in place which can supply water to the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
[Ord. 31-1984, 2/6/1984, Art. 3]
1.
No person shall uncover, connect with, make any opening into or use,
alter or disturb, in any manner, any water main constituting a part
of the water system.
2.
The authority shall make all connections to its water mains. Upon
the payment of the required tapping fee, the authority will tap the
water main, insert corporation cock, install a service line to a point
determined by the authority and insert a curb stop, all of which facilities
shall be and shall remain the property of and be maintained by the
authority.
3.
All service lines from the curb stop to the structure (and through
the wall of the structure and housing facility for the meter, if any),
to be served shall be installed by the owner of the improved property
to be served, at his own expense, shall be of pipe approved by the
authority and shall be kept in good repair at the expense of the owner
of the improved property to be served. No service line or other connection
facility between the curb stop and the structure to be served shall
be covered up in the process of installation until inspected and approved
by the authority. If any service line or other connection facility
is covered before so being inspected and approved, it shall be uncovered
for inspection at the cost and expense of the owner of the improved
property.
4.
The size of the service connection from the water main to the curb
stop necessary to serve adequately an improved property and the location
of such service connection shall be determined by the authority. If
any person shall request a service connection of a greater capacity
than that determined by the authority to be adequate, or if any such
person shall request that a service connection be located in a location
different than that determined by the authority, the authority, in
its discretion, may install such service connection in accordance
with the request of such person.
5.
When it is necessary to replace an existing service connection from
the water main to the curb stop, the authority will provide for the
replacement of said service connection in the same location as the
old service connection; provided, however, that if the owner of the
particular improved property, for his own convenience, desires the
new service connection at some other location and agrees to pay to
the authority all expenses of cutting off the old service connection
at the water main and any other additional expenses incurred by the
authority in complying with said request, then the authority will
install the new service connection at the location desired, if said
location is approved by the authority.
6.
Only persons properly authorized by the authority shall be permitted
to make service line and service connection installations.
7.
If the owner of any improved property located in this Township and abutting the water system, after 90 days notice from this Township, in accordance with § 26-102, Subsection 1, shall fail to connect such improved property, as required, this Township, or the authority in its behalf, may make such connection and may collect from such owner the costs and expenses thereof. In such case, this Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, this Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
[Ord. 31-1984, 2/6/1984, Art. 4; as amended by Ord. 09-00,
10/2/2000]
1.
Enforcement Notice.
A.
If it appears to the Township that a violation of this Part has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property
in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Part.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $1,000 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
shall constitute a separate violation, unless the district justice
determining that there has been a violation further determines that
there was a good faith basis for the person, partnership or corporation
violating this Part to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
D.
District justices shall have initial jurisdiction over proceedings
brought under this section.
[Ord. 31-1984, 2/6/1984, Art. 7]
It is declared that enactment of this subpart is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Township.
[Res. 79-1991, 6/19/1991]
1.
If a customer of the Spring Township Water Authority is delinquent
over two quarter billings, the service will be terminated.
2.
The legal method of notification of user and the normal 10 days notice,
if said services are not paid for in full, the Authority authorizes
said termination and user would be allowable for all reconnection
or other costs paid in full prior to receiving said service.
[Res. 80-1991, 6/19/1991]
Upon request, the notification by the Spring-Benner-Walker Authority
will accompany the said letter or notice indicating any delinquent
funds due to Spring Township Water Authority; and, the balance due
Spring Township Water Authority will be due and payable in full prior
to reconnection to the said Spring Township Water Authority system.
The customer or user to the Spring Township Water Authority must be
delinquent for two quarters.
