[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 2-11-75 by Ord. No. 2-1975. Amendments noted where applicable.]
Written application for water service connection and/or supply shall be made on forms furnished by the Borough of Avon-by-the-Sea and shall be filed with the Water Department. Each form shall contain the statement that the Borough does not guarantee any definite water pressure and that the Borough shall not be responsible or liable in damages for the shutting off of the water for any cause whatsoever or for accidents affecting the supply of water or interruption of service or for any mechanical, chemical or electrical difficulty resulting in an interruption or cessation of the water service.
Editor's Notes Original Section 1 of Ord. No. 2-1975 established a Water Department for the Borough of Avon-by-the-Sea. Section 1 was, repealed 2-2-78 by Ord. No. 13-1977, which established a water-sewer utility. Ord. No. 13-1977 otherwise readopted Ord No. 2-1975 in its entirety and did not otherwise affect this Chapter. It dealt with the imposition of sewer rents and is included as Article II of Chapter 136 of this Code.
[Amended 8-26-85 by Ord. No. 12-1985]
The charge for installing a complete water service shall be the sum of two hundred seventy-five dollars ($275) which shall include a three-fourths-inch tap in the main, running service to the curb and installing curb stop, with a meter box, yoke and water meter. For a one-inch tap, the price thereof shall be three hundred twenty-five dollars ($325). For larger taps the price therefor shall be fixed at the time of the application.
[Added 2-22-88 by Ord. No. 2-1988]
Wetcuts shall not be made without the prior approval of the Water Department. Wetcuts shall be performed by the property owner or his agent at the owner's expense but shall be supervised by the Water Department. Water Department fees for wetcuts shall be:
A service line shall be used to supply a single building or customer. Not more than one (1) service line shall run into a building unless by agreement between the Water Department and the applicant for such service line. Each service line shall be subject to the payment of the rates as hereinafter set forth.
"Customer" as used herein is defined as the person or corporation who owns a property as hereinafter classified that is one of the following:
If the owner of a multifamily dwelling or apartment house desires to have meters installed for each family, the Water Department will install such meters upon proper application thereof and only in accordance with the following specifications:
A suitable location must be provided in the basement or cellar where all meters can be placed in an accessible position, free from danger of damage either from frost or hot water or undue heat and where they will not be subject to possible mechanical damage.
The piping of the building must be so arranged that each apartment will be supplied through its in- dependent meter and so that the piping for such apartment will be run independently from the meter location.
The connection at the meter must include a suitable stopcock of a type arranged to be locked when closed and must also be so arranged that the Water Department will not be required to do any pipe fitting but will merely have to connect the meter by means of unions already in place. The union connections are to be put in place at the expense of the owner and will remain as a part of the permanent piping of the building.
Service pipes and all other pipes or fixtures placed underground must be placed sufficiently below the surface or finished grade of the ground to insure against freezing.
The water mains of the Borough, supply pipes from the main to the curb and stopcocks at the curbline shall remain under the exclusive control of the Borough, the Water Department, its authorized agents and employees. All other persons are not to disturb, tap, change, repair or interfere with them in any way.
[Added 12-29-88 by Ord. No. 25-1988]
All taps and connections to the Borough water system shall be made only by authorized Borough personnel. The owner shall pay a fee of one hundred fifty dollars ($150) for each tap.
[Amended 5-13-91 by Ord. No. 11- 1991]
All pavement cutting shall be performed only by authorized Borough personnel.
The owner shall be responsible for all excavation and filling work.
The owner shall be responsible to install a supply pipe from the main to the curb stopcock.
Service connections shall not be covered until inspected and tested by Borough personnel. No water service shall be supplied until all defects have been corrected, reinspected and approved. All pipe, stops, fittings and other materials shall conform to requirements as determined by the Water Department.
All private premises supplied with water for domestic or other purposes, except as hereinafter authorized for building purposes, shall be equipped with a meter, and all charges for the use of water through such service shall be based upon established meter rates.
In all cases where meters are installed, an inspection of the premises shall be made by the Water Department or its employees, to determine the size of the meter required.
Meters shall remain the property of the Borough and under the control of the Borough and the Water Department.
The owner of any premises where a meter is installed shall be responsible for its care and protection from freezing and from injury or interference by any person or persons. In case of any injury to the meter, or in case of its stoppage or imperfect working, immediate notice shall be given to the Borough Office.
Service may be discontinued for any of the following reasons:
For the use of water for any property or purposes other than as described in the application.
For willful waste of water through improper or imperfect pipes, fixtures or otherwise.
For failure to maintain in good order the connections, service lines or fixtures in said premises.
For molesting any supply pipe, meter, curb stopcock, seal or any other appliance of the Borough.
In case of vacancy of premises.
For neglecting to make payments or for nonpayment of water service or for any other charge accruing and due to the Borough.
For refusal to give reasonable access to the property for the purpose of inspecting or for reading, caring for or removing meters.
For violation of any regulation.
The water supply will be turned off from any premises upon the written order of the owner or his duly authorized agent.
The accuracy of the meter on any premises will be tested by the Water Department upon written request of the owner. If the test discloses that the meter is registering incorrectly as set forth in this chapter, another meter will be installed. A meter registering within three percent (3%), plus or minus, of the correct value shall be considered as registering correctly.
The expense of installing, maintaining and caring for the meters shall be borne by the Borough, except that, if replacements or adjustments of any meters are rendered necessary by the act, neglect or carelessness of the owner or occupant of any premises, then the expense of repairing or replacing said meter shall be charged against and collected from the owner of the premises.
[Repealed 2-22-88 by Ord. No. 2-1988]
The employees of the Borough and the Water Department shall have the right of ingress to consumers' premises, and to all property furnished by the Borough, at reasonable times for the purpose of reading meters or inspecting or removing meters or other property belonging to the Borough. Owners or occupants of premises shall not permit access to the meter or other appliances belonging to the Borough, except by authorized employees of the Borough or qualified state or local inspectors.
Should it become necessary to shut off the water from any section of the Borough, in case of breakdown, emergency or for any other cause, the Water Department of the Borough will endeavor to give reasonable notice to consumers affected thereby and will, so far as practical, use its best efforts to prevent inconvenience from any such cause, but failure to give such notice shall not render the Borough responsible or liable for any damages that may result therefrom, and the Borough shall not be held liable under any circumstances for the payment of any damages for failure resulting from a deficiency or failure in the supply of water whether occasioned by shutting off the water for making repairs or connections, turning the water on or for any other reason or cause whatsoever.
The owner or any other unauthorized person shall not turn the water on or off at any corporation stop or curb stop or disconnect or remove the meter.
All water used on any premises in the Borough where a meter is installed must pass through the meter. A bypass or connection between the meter and the main is hereby prohibited.
In the event that premises become vacant or unoccupied, adequate notice should be given at the Borough Office so that the meter may be removed. On metered premises which are left unoccupied with the water not turned off, a rebate will not be allowed for any water registered by the meter that may leak or waste through the plumbing or fixtures.
[Amended 5-13-91 by Ord. No. 11-1991]
If a meter is removed for any cause whatsoever, it will not be installed until all arrears or charges due for water supply shall be paid, as well as a charge of twenty-five dollars ($25) for the turning on and off of the water at the curb.
[Amended 4-12-79 by Ord. No. 3-1979; 1-14-80 by Ord. No. 18-1979; 2-13-84 by Ord. No. 3-1984; 3-12-90 by Ord. No. 8-1990; 2-24-97 by Ord. No. 7-1997; 3-8-04 by Ord. No. 5-2004; 3-26-07 by Ord. No. 3-2007; 3-12-12 by Ord. No. 4-2012]
An annual minimum charge of three hundred fifty dollars ($350) shall be made for each unit, which minimum charge shall pay for the first fifteen thousand (15,000) gallons or less of water consumed per billing period (semi-annually) and the annual service charge for a three-fourths (3/4) inch meter. If application for the installation of a meter is made subsequent to the first semi-annual billing period, the annual minimum charge of three hundred fifty dollars ($350) shall be paid upon application for the meter and before the installation thereof. "Unit" as used herein shall include any dwelling, store, residential or commercial use, apartment, dwelling unit or as determined by the Water Department. For the purpose of this chapter, "dwelling unit" shall mean any room or group of rooms, or any part thereof, located within a building and forming a single habitable unit with facilities which are used, or designed to be used, for living, sleeping, cooking and eating.
[Amended 3-28-91 by Ord. No. 4-1991; 3-23-15 by Ord. No. 7-2015]
Water consumed in excess of fifteen thousand (15,000) gallons per billing period (semi-annually) shall be charged at the rate of two dollars and ninety-five cents ($2.95) per thousand gallons.
[Amended 6-23-97 by Ord. No. 17-1997]
Written application for a supply of water for building purposes only shall be made at the Borough Office and shall be upon the terms and regulations established by the Board of Commissioners.
Fire hydrants are to be opened and used only by the Water and Fire Departments of the Borough or by such persons as may be specially authorized by the Water Department or the Board of Commissioners.
A flat service charge of ten dollars ($10) per day for the use of fire hydrants for private purposes shall be made when any use shall be authorized by the Board of Commissioners for such private purpose.
[Amended 3-27-95 by Ord. No. 5-1995; 2-24-97 by Ord. No. 7-1997; 3-26-07 by Ord. No. 3-2007]
Meters shall be read semi-annually, or as frequently as the Water Superintendent decides is necessary, and bills rendered semi-annually; provided, however, that the Board of Commissioners at its option may change the period of reading meters and rendering bills.
Any discrepancy in the meter reading must be given in writing to the Water/Sewer Collector and Water/Sewer Superintendent within thirty (30) days from the bill date. No adjustments for each semi-annual bill will be given after that date.
[Amended 8-26-85 by Ord. No. 12-1985; 5-28-92 by Ord. No. 13-1992]
All charges for water are due and payable when bills are rendered and, if not paid within ten (10) days after the date thereof, interest from the date of said bill shall be charged at the rate of eight percent (8%) on the first one thousand five hundred dollars ($1,500) and eighteen percent (18%) on amounts over one thousand five hundred dollars ($1,500) per annum, and will be added to and collected with such charges. The water supply may be discontinued and turned off from any premises for which charges have not been paid.
When any employee of the Water Department shall be unable to gain access to any building for the purpose of reading the water meter, a bill shall be rendered based on the consumption as shown by the previous reading and adjustment shall be based on the next succeeding reading of the meter.
All bills for water supplied to private premises shall be rendered to the owner of said premises. The owner of any premises shall be liable for payment of the charge or price fixed for the use of water by the owner or occupants of such premises, and such charge shall be a lien upon such premises until the same shall be paid and satisfied. In case prompt payment of any water charge shall not be made when the same becomes due, the water shall be shut off from said premises and shall not be turned on again until arrears, with interest thereon, shall be fully paid. The Board of Commissioners shall also take all proceedings authorized by law for the enforcement of said water charges as a lien upon said premises, and, in addition to the remedies herein provided, the Board of Commissioners shall taken such other remedies for the collection of said water charges as are authorized by law.
The Board of Commissioners reserves the right to alter or repeal this chapter or any provision thereof, to change the rules and regulations and the rate or charges for the use of water from time to time and to cut off the water supply for the nonpayment of rates or charges or for the neglect or refusal of the owner or occupant of any premises to comply with any provision of this chapter.
Excessive or unnecessary use or waste of water, whether caused by carelessness or defective or leaking plumbing or fixtures, is strictly prohibited. Water must not be kept running for sprinkling purposes longer than specified by the rules and regulations of the Board of Commissioners.
In the event that the Board of Commissioners shall determine that a shortage of water may occur because of prolonged drought or heat or because the level of the reservoir or any well serving the water system of the Borough is low or because of breakdown of equipment of the water-sewer utility system or the necessity of repairs to same or for any other emergency reason, the following uses of water, not essential to the health, welfare and safety of the residents of the Borough, may be restricted or prohibited by order of the Water Department:
The sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation.
The washing of automobiles, trucks, trailers, trailer houses, railroad cars, buses or other types of mobile equipment.
The washing of sidewalks, driveways, filling station aprons, porches and other outdoor services.
The washing of the outside of dwellings and the washing of the inside and outside of office buildings and business establishments of any type.
The washing and cleaning of any business or industrial equipment and machinery.
The operation of any ornamental fountain or other structure making a similar use of water.
Swimming and wading pools and bath houses and bathing establishments of any nature whatsoever.
The use of water by any business or industrial establishments, whose business or work is not essential to the health, welfare and safety of the residents of the Borough of Avon-by-the-Sea. The words "business establishment" as used in this subsection shall include hotels, rooming houses, boardinghouses and similar-type establishments.
The Water Department may, at any time on the order of the Board of Commissioners, restrict or regulate the quantity of water used by the customer in case of scarcity if such restriction or regulation may be necessary for the safety of the community, in case of fire or any other emergency. In case of necessity, the Department may be at liberty to shut off the water supply system in order to make repairs, and the Borough shall not be liable under any circumstances for the shutting off thereof or any deficiency in the supply of water, whether by the occasion of the shutting off of water or any other cause whatsoever. The Borough shall not be held liable for any damage caused by increased pressure being put on the mains during the time of fire, drills by the fire companies or any other time, and all applications made under this chapter for water and sewer service of any type whatsoever shall be held and construed to be made subject to the provisions of this subsection.
[Amended 8-27-1979 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 chapter and the punishment of any violation thereof, the governing body hereby ordains that any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Section 1-15.