[Adopted 10-3-1994 by Ord. No. 200]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
AUTHORITY
A body corporate and politic organized under the Municipality
Authorities Act of 1945 incorporated by the Borough of Mt. Jewett.
BUILDING MAIN
Extension from the water system of any structure to the lateral
of a main.
IMPROVED PROPERTY
Any property within the Mt. Jewett Borough upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals.
INDUSTRIAL ESTABLISHMENT
Any improved property located within the Mt. Jewett Borough
and used or intended for use, wholly or in part, for the manufacturing,
processing, cleaning, laundering or assembling of any product, commodity
or article.
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;
or
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 improved property.
PERSON
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
WATER SYSTEM
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Mt. Jewett
Borough owned by the Mt. Jewett Borough Authority.
In the event any person shall deem the requirement to connect
as provided in this article a hardship, such person may appeal to
the Mt. Jewett Borough Authority for relief from such connection requirement,
which appeal shall be heard in accordance with provisions of the Pennsylvania
Local Agency Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of McKean County.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Mt. Jewett Borough that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
The contents and substance of this article shall go into effect
as of October 3, 1994.