[Adopted 9-9-1940 by Ord.
No. 48]
The Borough Council shall have exclusive charge and management
of the waterworks, supply and distribution system, and shall at its
regular organization meeting, or as soon thereafter as practical,
elect one person as Superintendent, who shall serve for the term of
two years or until his successor is duly elected.
[Amended 4-10-1989 by Ord. No. 476, § 1]
All water rents and charges shall be paid quarterly at the office
of the Borough Clerk on the 1st day of January, April, July and October.
Rents and charges for metered or estimated water shall be payable
quarterly and, for building and occasional use, on demand.
[Amended 12-18-1950 by Ord. No. 139; 4-14-1969 by Ord. No. 306; 4-19-1983 by Ord. No. 433; 1-9-1989 by Ord. No. 474; 2-14-1994 by Ord. No. 514; 6-5-2012 by Ord. No. 12-08]
1.
BOROUGH
LATERAL
MAIN
OWNER
PERSON
USER
WATER SYSTEM
Definitions. As used in this § 26-103, the following terms shall have the meanings indicated:
Borough of Sharpsburg.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
All facilities owned by the Borough, as of any particular
time, for production, transmission, storage and distribution of water
intended to be used for human consumption and industrial or commercial
uses in the Borough.
2.
Use of public water system required.
A.
A current user shall be prohibited from disconnecting and discontinuing
to use water from the water system or connecting to any water source
other than the Borough water system.
B.
The owner of any property within the Borough shall connect such property
with and shall use the water system in such manner as the Borough
may require within 90 days after notice to such owner from the Borough
to make such connections, subject to such limitations and restrictions
as shall be established herein or otherwise shall be established by
the Borough. The notice by the Borough to make connection to a main
referred to in this subsection shall consist of a copy of this part,
including any amendments and/or supplements at the time in effect,
or a summary of each section thereof, and a written or printed document
requiring the connection in accordance with the provisions of this
part and specifying that such connection shall be made within 90 days
after the date such notice is given or served. Such notice may be
given or served at any time after a main is in place which can deliver
water to the particular property. Such notice shall be given or served
upon the owner in accordance with law.
3.
Building mains and connections.
A.
No property owner shall uncover, connect with, make any opening into,
use, alter or disturb, in any manner, any main or any part of the
water system without following the procedures set forth in these ordinances.
The property owner will be responsible for constructing the lateral
and uncovering the portion of the main to prepare for connection to
the distribution system. The Borough will connect the property owner
into the main or any part of the distribution system upon payment
of fees, as established from time to time by resolution of the Borough
of Sharpsburg, for said connection.
B.
Application for a permit to uncover, connect the lateral, and prepare
for connection shall be made by the owner of the property or by the
duly authorized agent of the property owner to the Borough offices.
C.
All costs and expenses of construction of a building lateral and
all costs and expenses of connection of a building lateral to the
main shall be borne by the owner of the property to be connected,
and such owner shall indemnify and shall save harmless the Borough
from all loss or damage that may be occasioned directly or indirectly,
as a result of construction of a building lateral.
D.
A lateral shall connect to a main at the place designated by the
Borough.
E.
If the owner of any property located within the Borough, after 90
days' notice from the Borough in accordance with applicable law
and ordinances, shall fail to apply for the connection of said property,
the Borough may construct said connection and collect from the owner
the costs and expenses thereof in any manner permitted by law. The
Borough may also invoice the property owner not so connected the monthly
average bill for a similar residential or commercial property.
4.
Regulations governing building laterals and connections to mains.
A.
No lateral or connection to a main shall be covered until it has
been inspected and approved by the Borough. If any part of a building
lateral is covered before so being inspected and approved, it shall
be uncovered for inspection at the cost and expense of the owner of
the property to be connected to a main.
B.
Every lateral of any property shall be maintained in a sanitary and
safe operating condition by the owner of such property, including
prompt repair of any leaks.
C.
Every excavation for a lateral and/or connection shall be guarded
adequately with barricades and lights to protect all persons from
damage and injury. Any street, sidewalk, or other public property
disturbed in the course of the installation of a lateral and/or connection
shall be restored, at the cost and expense of the owner of the property
being connected, in a manner satisfactory to the Borough.
D.
If any person shall fail or shall refuse, upon receipt of a notice
in writing from the Borough to remedy any unsatisfactory condition
with respect to a lateral within 30 days of receipt of such notice,
the Borough may refuse to permit such person to be served by the water
system until such unsatisfactory condition shall have been remedied
to the satisfaction of the Borough.
5.
Appeals; hardship. In the event any person shall deem the requirement
to connect as provided in this part a hardship, such person may appeal
to the Council for relief from such connection requirement, which
appeal shall be heard in accordance with provisions of the Pennsylvania
Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and
751 et seq.
[Amended 4-14-1969 by Ord. No. 306; 4-19-1983 by Ord. No. 433]
When it is found necessary to open streets of the Borough for
the purpose of installing new or repairing waterlines or for any purpose
a deposit in the sum of $200 shall be made with the Borough Secretary
before any opening shall be made. This deposit shall remain in the
custody of the Borough for a period of not less than six months. Refund
shall be made after the expiration of the time period, provided the
street has been repaired in proper conditions in accordance with the
Borough specifications as certified by the Superintendent of the Department
of Public Works. All openings shall be repaired immediately and shall
be fully protected with proper barricades marked with necessary signs
and, during the night, shall be marked by danger lights. Such repairs
to streets, alleys or any ways shall be made and the necessary barricades,
signs and lights shall be erected by the property owner or his representative
at his expense. Any person opening a street shall be responsible for
personal injuries or property damages that may occur to anyone by
reason of the said excavation being left open by him. Streets having
been opened by any property owner or his representative shall be repaired
in accordance with Borough specifications and rules.
[Amended 4-22-1953 by Ord. No. 166; 4-19-1983 by Ord. No. 433]
Any plumber desiring to do plumbing work within the Borough
of Sharpsburg shall be licensed and shall meet all current requirements
as to licensing procedures and approvals of the Allegheny County Plumbing
Code.
If any person other than those who may be the actual occupants of a building, lot of ground, or premises into which the water may have been introduced by a private pipe, and use the water therefrom, or if any person who has had the water so introduced shall knowingly suffer another to use the water from his pipe who has not contracted for the use thereof, he, she or they shall, for every such offense, forfeit and pay a fine as hereinafter provided (see § 26-125).
[Amended 4-19-1983 by Ord. No. 433]
The Superintendent or any person acting under the order of Borough
Council shall be and is hereby authorized and empowered to inquire
and examine into the cause at any dwelling or place of business or
other place whence it may appear that any unusual flow or unnecessary
waste of water proceeds. If, in the opinion of the Superintendent
or any person acting under the order of Borough Council, the said
flow or waste proceeds for want of repair in the pipes or other fixtures
or by reason of the faulty design or character of the fixtures, and
if the owners or occupants of said premises shall neglect or refuse,
upon notice being given, to have the necessary repairs made forthwith,
the Superintendent or person acting under the order of Borough Council
shall be and he is hereby authorized to shut off the water leading
to such premises or dwelling, and any person who shall turn on the
water before the necessary repairs are made or oppose or prevent examination
of the premises herein authorized shall forfeit and pay a fine as
hereinafter provided.
[Amended 4-19-1983 by Ord. No. 433]
It shall be the duty of the Borough police, when they see or
receive information of water being wasted through the pipes of water,
to notify the owner or occupant of the premises causing the same,
and if said owner or occupant does not immediately cause the same
to cease, it shall be the duty of such policeman to make information
before a Magisterial District Judge against such owner or occupant
as well as report the same to the Borough Secretary, and if upon hearing
it shall appear that the said waste was unnecessary and that the owner
or occupant was negligent in providing for the proper remedy, he shall,
upon conviction, forfeit and pay a fine as hereinafter provided.
It shall be unlawful for any person or persons to damage, injure
or molest any pipes, fire plugs, stop cocks, hydrants, reservoirs,
engines or anything belonging to or appertaining to the waterworks,
supply and distribution system, or to throw any dirt, stones or any
other articles into any of the reservoirs; and any person or persons
so offending, shall, upon conviction, pay a fine as hereinafter provided.
No person except the Superintendent of the waterworks, supply
and distribution system, and those under him in the employ of the
Borough of Sharpsburg shall open any fire hydrant (except in case
of fire or for street washing purposes) or obstruct any stop cock,
remove the cover of any public or private stop gate or street washer,
or in any way interfere with the management of said waterworks, supply
and distribution system, and any such person or persons guilty of
such offense shall be fined as hereinafter provided.
[Amended 4-19-1983 by Ord. No. 433; 5-20-1992 by Ord. No. 499]
1.
SERVICE LINES
STRUCTURE
As used in this section, the following terms shall have the meanings
indicated:
The lines or pipes which extend from the lateral line (as defined in § 26-103 of this part) to a structure.
That which is built or constructed.
2.
Every owner of a structure shall install separate water service lines
to each existing or new structure within the Borough of Sharpsburg.
All consumers of water must keep their service pipes from ferrule
on main line and all fixtures connected therewith in good repair and
protect them from frost at their own expense and must prevent all
unnecessary waste of water under penalty of having water shut off.
No consumer shall permit others, not members of his family,
to use water from his pipes or hydrant or make connection in any manner
therewith, and in violation of this provision, the water shall be
turned off.
[Amended 1-9-1989 by Ord.
No. 474]
All water consumed shall be charged to, and statements and bills
for the same shall be mailed out in the name of, the registered owner
or owners of the real estate in which said water was used. Said owner
or owners shall be liable for the payment of water rents and all charges
remaining unpaid and shall be either subject to the provisions of
this part or other ordinances as may hereafter be passed by Council.
In all cases where more than one tenant or water consumer is
supplied with water by one hydrant or from the same service pipes,
the Borough shall look directly and only to the owner of the property
for the entire rent for water furnished to said property, aggregating
the bills of all consumers on the same premises and presenting them
to the owner for payment.
[Amended 7-21-1952 by Ord. No. 157; 4-19-1983 by Ord. No. 433; 5-20-1992 by Ord. No. 501]
1.
Existing structures.
A.
Every owner of an existing structure that receives water from the
Borough of Sharpsburg water system and is on a flat rate must install
a water meter approved by the Borough. The meters must be in place
six months from the effective date of this part. The Borough will
supply an approved meter and the owner must reimburse the Borough
for the cost of the meter. The Borough will provide installation at
no cost to the owner. If the owner desires to purchase and install
the meter without assistance, both the meter and installation must
be approved by the Borough and all costs paid by the owner.
B.
Every owner of an existing structure that receives water from the
Borough of Sharpsburg water system and has removed the meter, has
a malfunctioning meter or is using a meter not approved by the Borough
must install an approved meter. The installation must be completed
within 60 days after notice to the owner by the Borough. The cost
and installation of the water meter is the responsibility of the owner.
The meter and installation must be approved by the Borough.
2.
New structures. Every owner of a proposed structure to be serviced
by the Borough of Sharpsburg water system must provide for the installation
of an approved water meter. A building permit will not be issued unless
the plans provide for an approved water meter. The cost and installation
of the water meter is the responsibility of the owner. The meter and
installation must be approved by the Borough. The installation must
be done by a registered plumber.
3.
Repairs. When a meter malfunctions and fails to properly register
the flow of water, the owner is required to give notice to the Borough
and have the meter promptly repaired or replaced. All repair and/or
replacement costs shall be paid by the owner. During the period of
time the water is malfunctioning, the owner shall pay an estimated
cost based on prior usage.
4.
Remote reading device. All meters installed under this section must
have a remote reading device attached to the structure that is easily
accessible by Borough personnel.
Owners or tenants who have water running continuously in faucets,
taps, water closets, urinals, baths, refrigeration systems, air-conditioning
systems, cooling systems, for motor generator sets, or any other fixtures
or outlets not mentioned above, shall be required to install a meter
and pay for water as used in accordance with the schedule of metered
rates hereinafter given. Any owner or consumer now using water through
any of the above-mentioned outlets, or any other outlet which in the
judgment of the Superintendent uses an excessive amount of water,
shall be required to install a meter within 60 days after the passage
of this part. Failure to comply with this rule will result in the
shutting off of the water by the Superintendent. Water running from
any outlet for six hours or more shall be deemed a continuous running
of water within the meaning of this section.
In cases where the water is turned off for nonpayment of water
rent, or for other causes, or when in the opinion of the Superintendent
the turning off of the water at the stop cock is not sufficient protection
against the future use of water, he may cause the corporation cock
at the main to be withdrawn.
Upon application for water when the water has been turned off
and the corporation cock has been withdrawn, an additional charge
of $50 for reinserting same will be made. Said charge shall be paid
at the time of making application for reinserting the corporation
cock.
When a building is razed or the use of any building part thereof
is discontinued, the owner shall shut off the ferrule at its connection
with the main line and notify the Borough promptly of such shutting
off. On failure to shut off the water at the ferrule as aforesaid,
the owner shall be charged at not less than the minimum rate for service
on a metered or flat basis, as the case may be, and shall in addition
be responsible for any damage caused by this failure to shut off the
water and notify the Borough.
[Amended 4-19-1983 by Ord. No. 433]
No corporation cocks shall be inserted in any of the leading
mains above the size of 3/4 inch, inside diameter, except with the
consent of the Superintendent, and in all cases where corporation
cocks of a larger size are asked for permits shall only be granted
to enter such cocks of extra size on condition that the parties procuring
such grant shall pay the expenses of putting on a wrought iron band
of proper width, strength and thickness, the cock to be tapped into
both the band and main feeding pipe in order to preserve the full
strength of the pipe.
Applicants desiring attachments of a larger diameter than prescribed
by the rules of the waterworks, supply and distribution system, for
the purpose of controlling a larger quantity of water in a short space
of time, will be required to pay on demand all extra costs of such
attachments above that of an ordinary service and be at the expense
of an approved meter of proper size for the measurement of the water
consumed and shall pay meter rates.
No hydrant, except fire hydrant, public drinking fountains or
street sprinklers, shall be placed within the limits of any street
or alley, and no drink fountain shall be erected for public use which
has openings by which it can be used as a source of domestic supply.
[Amended 4-19-1983 by Ord. No. 433]
All service pipe to be laid not less than 40 inches underground,
and all stop off boxes to be cast iron, known as extension box, with
"water" marked on lid, the same to be laid six inches inside the curb.
[Amended 4-19-1983 by Ord. No. 433; 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
[Added 4-10-1989 by Ord.
No. 476]
1.
Water service termination. In case the owner or occupant of premises
served by the Borough of Sharpsburg Water Department shall neglect
or fail to pay for a period of 60 days from the due date, a water
rent or charge, the Borough Clerk shall give 10 days' written
notice by mail of an intention to shut off the water supply to any
premises to the person or persons liable for payment of the rentals
and charges and, in addition thereto, shall post a written notice
at a main entrance to the premises. If the rents or charges have not
been paid in full during such ten-day period, the Borough of Sharpsburg
shall shut off the supply of water to such premises until all such
overdue rentals, rates and charges, together with any penalties, costs
and interest thereon, shall be paid.
2.
Hearings. If during such ten-day period, as stated in Subsection 1 of this section, the person liable for the payment of rentals and charges delivers to the Borough of Sharpsburg a written statement, under oath or affirmation, stating that he has a just defense to the claim or a part of it for such rentals or charges, then the water supply shall not be shut off until the claimant has been afforded a hearing conducted by the Borough Secretary. The statement shall also contain a declaration under oath or affirmation that it was not executed for the purpose of delay. All hearings shall be heard by the Borough Secretary within 15 days upon receipt of the written statement of defense from the person liable for the rentals and charges. All hearings shall be conducted by the Borough Secretary or his or her designated agent and, within seven days, he or she shall notify in writing the person whose account is delinquent of his or her decision. The Secretary or his or her designated agent, in deciding to cause the water supply to be terminated, shall consider the following:
3.
Alternate procedures. Nothing contained in this section shall preclude the Borough or its designated agent from filing a claim or lien for unpaid delinquent water rental and charges or applying the penalty provisions of § 26-125 hereof.
4.
Costs. Any person whose water supply is terminated because of a delinquent
water rental and charges shall pay all costs incurred by the Borough
in shutting off and turning on the water supply.
[Added 5-20-1992 by Ord.
No. 502]
1.
The owners of all commercial and industrial structures located within
the Borough are required to installed a dual-check-valve assembly
or other suitable device to prevent backflow in the Borough water
system. This backflow device must be installed within 90 days from
the effective date of this part.
2.
All new structures to be built in the Borough, including commercial,
industrial and residential, must include a backflow preventive device
before a building permit can be issued.
3.
The backflow preventive device must be installed in compliance with
the Allegheny County Plumbing Code and shall be inspected by the Superintendent
for the Borough or Allegheny County Plumbing Inspector, or both.
4.
The installation of the backflow preventive device must be made by
a registered plumber, and the cost and installation of the device
shall be borne exclusively by the owner.
