[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.
[1]
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 Section 1 was, repealed 2-2-78 by Ord.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:
|
3 inches or greater
|
$250
|
|
2 inches
|
$150
|
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.
A.
"Customer" as used herein is defined as the person or corporation
who owns a property as hereinafter classified that is one of the following:
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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]
A.
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]
B.
All pavement cutting shall be performed only by authorized Borough
personnel.
C.
The owner shall be responsible for all excavation and filling work.
D.
The owner shall be responsible to install a supply pipe from the
main to the curb stopcock.
E.
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:
A.
For the use of water for any property or purposes other than as described
in the application.
B.
For willful waste of water through improper or imperfect pipes, fixtures
or otherwise.
C.
For failure to maintain in good order the connections, service lines
or fixtures in said premises.
D.
For molesting any supply pipe, meter, curb stopcock, seal or any
other appliance of the Borough.
E.
In case of vacancy of premises.
F.
For neglecting to make payments or for nonpayment of water service
or for any other charge accruing and due to the Borough.
G.
For refusal to give reasonable access to the property for the purpose
of inspecting or for reading, caring for or removing meters.
H.
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; Ord. No. 4-1991; 2-24-97 by Ord.
No. 7-1997; Ord. No. 17-1997; 3-8-04 by Ord. No. 5-2004; 3-26-07 by Ord. No. 3-2007; 3-12-12
by Ord. No. 4-2012; Ord. No. 7-2015; 2-28-2022 by Ord. No. 04-2022]
A.
An annual minimum charge of three hundred eighty-five dollars ($385)
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 eighty-five dollars ($385)
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.
B.
Water consumed in excess of fifteen thousand (15,000) gallons per
billing period (semi-annually) shall be charged at the rate of three
dollars and forty-five cents ($3.45) per thousand gallons
A.
In addition to the rates as provided in § 168-20 hereof, an additional annual service charge shall be made for each meter in excess of three-fourths (3/4) inch, as follows:
|
Meter Size
(inches)
|
Charge
|
|---|---|
|
1
|
$15.00
|
|
1 1/4
|
$25.00
|
|
1 1/2
|
$40.00
|
|
2
|
$80.00
|
|
3
|
$150.00
|
B.
Said additional service charge shall be payable on presentation of
the first semiannual billing.
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:
A.
The sprinkling, watering or irrigation of shrubbery, trees, lawns,
grass, ground, ground covers, plants, vines, gardens, vegetables,
flowers or any other vegetation.
B.
The washing of automobiles, trucks, trailers, trailer houses, railroad
cars, buses or other types of mobile equipment.
C.
The washing of sidewalks, driveways, filling station aprons, porches
and other outdoor services.
D.
The washing of the outside of dwellings and the washing of the inside
and outside of office buildings and business establishments of any
type.
E.
The washing and cleaning of any business or industrial equipment
and machinery.
F.
The operation of any ornamental fountain or other structure making
a similar use of water.
G.
Swimming and wading pools and bath houses and bathing establishments
of any nature whatsoever.
H.
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.
