[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. 
Definitions. As used in this § 26-103, the following terms shall have the meanings indicated:
BOROUGH
Borough of Sharpsburg.
LATERAL
A. 
Part of the water system extending from a main to the curbline or, if there shall be no curbline, extending to the property line.
B. 
If no such lateral shall be provided, lateral shall mean that portion of or place in a main which is provided for connection of any building main.
MAIN
Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipal authority or other group or entity.
USER
Any individual, partnership, company, association, society, trust, corporation, municipality, municipal authority or other group or entity.
WATER SYSTEM
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. 
As used in this section, the following terms shall have the meanings indicated:
SERVICE LINES
The lines or pipes which extend from the lateral line (as defined in § 26-103 of this part) to a structure.
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.
3. 
No person (as defined in § 26-103 of this part) shall permit one water service line from servicing more than one existing or new structure or permit service lines to run across more than one lot (except by special written permit from Council).
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:
A. 
The payment history of the person relative to delinquent water accounts.
B. 
Prior notices of delinquency.
C. 
Promptness of the householder in response to the notice of delinquency.
D. 
Other criteria bearing on the general welfare of the Borough.
E. 
The financial hardship that might be created.
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.