[Adopted 2-7-22 by Ord. No. 69]
[Amended 9- 28-81 by Ord. No. 21-1981]
All premises within the Borough shall be connected to the public
sewer system. No connection shall be made with said system nor shall
any alterations, additions or extensions be made in or to any service
pipe without a permit first obtained from the collector of sewer rents
and charges. All new sewers and connections to the system shall be
properly designed and constructed. No new connections from inflow
sources shall be permitted.
All applications for the introduction of sewers into or upon
premises must be made in writing by the owner of the property upon
a blank form or in a book furnished and provided for such purposes
and filed with the collector of sewer rents and charges, and every
applicant shall agree to comply with the rules, regulations and ordinances
of this Borough relative to the use of said sewers.
[Amended 8-26-85 by Ord. No. 11-1985]
Applicants shall deposit with the collector fifty dollars ($50)
for a permit to open the street. The Superintendent of Public Works,
and/or the Superintendent of Water/Sewer Department, shall ascertain
the cost of making every connection with the sewer mains and shall
inform the collector of the amount so ascertained, who shall make
an entry in the book kept for that purpose or on the application on
file. The collector shall in case sufficient amount is not deposited
by the applicant to cover the costs, immediately inform said person,
firm or corporation of the additional amount required, and the use
of the sewer shall not be permitted until the full cost and expense
incurred in making the necessary restorations or covering damage in
laying pipes and all other work relating thereto have been paid.
No person, other than the Superintendent of Public Works or
his duly authorized agent, shall be allowed to tap the distributing
pipes or street mains.
Upon the issuing of a permit by the collector of sewer rents
and charges, it shall be the duty of said collector to notify the
Superintendent of Public Works.
The entire control of said service pipe from the main shall
remain with the Board of Commissioners, and no person other than the
Superintendent of Public Works or a duly authorized agent of the Superintendent
of Public Works shall be allowed to open the curb stop.
Each house must have a separate service pipe to the main.
Where several premises or several parties or customers in the
same premises now or hereafter are supplied by the same service pipe,
each customer shall be responsible for all the others. If there is
no payment of rent or charge, or if there is any violation of any
provision of this Article by one, the Superintendent of Public Works
or his agent shall have the right to cut off the sewer and none of
them shall have any claim for damages or compensation or for the abatement
of rent or charge.
Any person or persons, except the Superintendent of Public Works
or his authorized agents, who shall open or close any public or private
main shall be punished as hereinafter provided.
The rents and charges for the use of the sewer in the Borough
shall be as hereinafter provided.[1]
Persons moving after payment of the sewer rent or charge cannot
transfer their sewer privilege or right to use the sewer from one
property to another but will be required to pay the rent for the use
of the sewer on the premises to which they remove unless the same
have been paid for the current six (6) months.
[Amended 8-26-85 by Ord. No. 11-1985]
Sewer rents or charges shall be due and payable quarterly, in advance as set forth in Section 136-29, and if not paid within ten (10) days thereafter, the sewer may be cut off from the premises and kept off until the rent due and all expenses of cutting off and turning on are paid in full, and, further, said sum shall be a lien on said property until the bill is paid with all costs and interest.
Persons desiring to discontinue the use of the sewer in whole
or in part must give notice thereof in writing to the Superintendent
of Public Works on or before the day to which the rent or charge has
been paid, or they will be charged with and be liable for the payment
of the sewer rent or charge in full for the ensuing six (6) months.
Where the sewer has been turned off for nonpayment of the rent
or charge therefor or for the violation of any provisions of this
Article, it shall not be turned on again without the direction of
the Superintendent of Public Works and until all expenses attending
turning off and turning on the sewer, together with the rent or charge
accrued, shall have been paid. If it is found that the sewer has been
turned on again without compliance with this section, the Superintendent
of Public Works shall cause the ferrule in the corporation curb stop
to be withdrawn, and it shall not be inserted again until the provisions
of this Article have been fully complied with and until the back rents
and expenses have been paid and the Superintendent of Public Works
has directed the turning on again of said sewer.
The Superintendent of Public Works, or any authorized agent
thereof, or any authorized agent of the Borough shall, at all reasonable
hours, have free access to all parts of the premises to which the
sewer is supplied and connected for the purpose of inspection, examination
of fixtures and installation, and any person who shall resist or refuse
such access shall be punished as hereinafter provided.
The provisions of this Article shall apply to all premises to
which connection has been made with the sewer mains under any ordinance
or rule or regulation of the Borough of Avon-by-the-Sea.
Board of Commissioners reserves the right to alter or repeal
this Article or any provision thereof, to change the rules and regulations
and the rents or charges for the use of the sewer from time to time
and to make special rates or contracts in all proper cases.
The owner of any house, tenement, building or lot shall be liable
for the price or rent hereby fixed for the use of the sewer by the
owner or occupant of such premises, and such price or rent shall be
a lien upon such house, tenement, lot or premises until the same shall
be paid and satisfied, and in case prompt payment of any sewer rents
shall not be made when the same become due, the sewer shall be shut
off from such building, place or premises, and shall not be again
supplied until such arrears with interest thereon shall be fully paid;
and the Board of Commissioners shall also take the proceedings authorized
by law for the enforcement of said rent as a lien upon said house,
tenement and lot or other premises by a sale of said premises in the
manner provided by law; and in addition to the remedies above provided
the Board of Commissioners shall take such other remedies for the
collection of said rents as are authorized by law.
[Amended 8-27-79 by Ord. No. 7-1979; 4-22-02 by Ord. No. 5-2002]
In addition to the remedies and penalties hereinbefore prescribed for the enforcement of this Article and the punishment of any violation thereof, the Commissioners hereby ordain that any person who shall violate any provision of this Article shall, upon conviction, be liable to the penalty provided by Chapter 1, Section 1-15.
All rates for the use of the sewer not enumerated above,[1] and for all special purposes, shall be fixed and determined
by the Board of Commissioners upon application.
