[Adopted 10-14-1971 by Ord. No.
5-71 as Ch. 31, Art I, of the 1971 Code of Ordinances]
The Mayor and Council reserves the right to
alter, amend, add to or revise the rules and regulations contained
in this chapter or change the water rates at any and all times, and
such amendment, alteration or revision shall not invalidate any agreement
made with reference to such rules and regulations but shall be equally
binding upon all persons as if they had been incorporated herein,
provided that any person or party hereto dissatisfied with such alterations,
by giving notice, in writing, to the clerk of the water utility and
paying for the disconnection of their service pipe and all arrearages
due, can have their contract terminated and receive any overpayment
they may have made for the time supplied.
[Amended 5-12-2022 by Ord. No. 06-22; 6-9-2022 by Ord. No. 07-22]
A.
Notwithstanding
any other provision within this chapter, the service line and/or supply
pipe from the main to the shut-off valve at the curb line is the responsibility
of the Borough, including curb stops, valves, curb boxes, roadway
boxes, or valve boxes which are to be used by the Department of Public
Works for turning on or shutting off the water supply. The service
line and/or supply pipe from the curb stop to the structure, up to
but not including the meter, is the responsibility of the property
owner.
B.
Except
as otherwise required by statute, regulation, rule, ordinance or other
provision of law or by any state, federal, local or other enforcement
agency, the Borough of Rockaway shall not be responsible for water
quality testing at any individual property.
C.
The Borough
shall not be liable to any consumer of water for any damages whatsoever
resulting from any failure on the part of the Borough to supply water
to such consumer.
A.
Extensions of or changes in the water mains of the
Borough's system may be initiated by the Mayor and Council or the
Public Works/Public Utilities Committee or by a proper application
from any person.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
[1]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
B.
Applications for the extension of old or the construction
of new mains shall be addressed to the Committee and made upon blank
forms prepared by the Borough Clerk, and all blank spaces thereon
intended to be filled in by the applicant must be fully and correctly
filled in, and the applicant must subscribe to the conditions thereon.
C.
The Committee will thereupon consider the application
and advise the applicant of its decision. The Committee may prescribe
the terms and conditions upon which the application will be granted
and will require written acceptance or guaranty of such terms and
conditions by the applicant, in the form of a contract, which must
further be confirmed by the Mayor and Council.
D.
If the application is granted, the Mayor and Council
will instruct the Committee to proceed as promptly as practicable
with the work, upon the terms and conditions named. Unless otherwise
stipulated, all work pertaining to the extension of or changes in
the water mains will be done in accordance with this article at the
expense of the applicant.
The Borough shall have the right at all times
to shut off the water from all or any part of the pipes or mains for
the purpose of making extensions, alterations or repairs without abatement
from the rates charged; but if the water shall be shut off from any
openings for such purpose for a longer period than 10 days at one
time, an equitable abatement shall be made for such excess from the
rent.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
Borough water shall be taken and used only through
supply and service pipes established by or under the supervision of
the Public Works/Public Utilities Committee.
[1]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
The water mains and supply pipes of the Public
Works Department shall be under the exclusive control of the Mayor
and Council. No other person shall disturb, tap, change, obstruct
access to or otherwise interfere with them in any way.
Taps to water mains, supply pipes, corporation
cocks and curb stops shall be installed and repaired only by the Borough.
No addition or alteration shall be made in or
about any public pipe without permission, in writing, from the Borough,
and any violation of this rule may, at the option of the Borough,
be followed by disconnection of the service pipe from the main or
prohibition from the use of water therefrom without notice, hearing
or appeal.
A.
All applications for the introduction of Borough water to private premises or for the change of an existing supply shall be made to the Borough Clerk by the owner of the premises. Said application shall be subject to the provisions of Article IV of this Chapter 247.
[Amended 8-8-2013 by Ord. No. 15-13]
B.
The application must be made upon blank forms furnished
by the Clerk, and the applicant must subscribe to the conditions printed
thereon. The application must be accompanied by the tapping fee in
full, which fee will be returned if the application is not granted.
C.
Upon receipt and approval of the application required in Subsection A, the Public Works/Public Utilities Committee shall issue an order for the installation of a supply pipe and its appurtenances.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
[1]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
D.
No additional connections or alterations to existing
connections will be made for the owner of any premises unless and
until all charges of every nature due the Borough from such owner
or charged against such premises are first paid.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
Water supply pipes shall be of such material
and of such size and quality as the Public Works/Public Utilities
Committee may select or approve.
[1]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
Supply and service pipes and all other pipes
or fixtures placed underground must be placed at least four feet below
the surface or finished grade of the ground to ensure against freezing.
In each building intended to be connected with
the public water supply, there shall be provided a valve placed as
near the front basement or foundation wall as possible but before
the meter position, and, where easily accessible, another valve of
the same type shall be placed directly after the meter followed by
a check valve in order that the water may be turned on and off and
drained from the pipe in case of accident and in order to make necessary
repairs. Such valves must be kept in good working order and must be
thoroughly protected from frost.
[Amended 3-13-1975 by Ord. No. 2-75; 6-13-1985 by Ord. No. 17-85; 12-14-1989 by Ord. No. 26-89; 11-14-1991 by Ord. No. 22-91; 3-11-2004 by Ord. No. 02-04]
Tapping fees for taps and supply pipes to and including the corporation cock and curb stops shall be as provided in Chapter A263, Fees. Such supply pipes as furnished and placed will remain the property of the Borough.
The Mayor and Council shall establish from time
to time, by resolution, the fee to be paid at the time of applying
for water to be used during construction of new houses and until permanent
water meters shall be set. In the case of water used during the construction
of a commercial or industrial building, it is required that a meter
shall be set for the purpose of measuring the amount of water used
during construction, and the customer shall be billed for the quantity
of water used.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
All digging and backfilling from the curb to
the meter is the responsibility of the owner, and no backfilling shall
be done until inspected and approved by the Superintendent of Public
Works.
[1]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
Owners of property desiring any unusual construction,
alteration or attachments connected with the water supply must submit
plans and specifications for the same to the Public Works/Public Utilities
Committee for its inspection and approval or disapproval, for its
determination as to whether the same are permissible and for the terms
and conditions under which their use will be allowed.
[1]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
Curb stops shall be used only by the Borough.
Any person desiring to discontinue the use of
water supplied by the Borough must give notice, in writing, to the
clerk of the water utility in order that the water can be turned off.
Such notice should be given at or before the beginning of a new quarter.
No deduction will be made for an unexpired portion of any quarter.
Where proper notice is not given, water rents will be charged until
such notice is given.
A.
Excessive or unnecessary use or waste of water, whether
caused by carelessness or by defective or leaky plumbing or fixtures,
is strictly prohibited, even where the service is metered.
B.
The Mayor and Council may, by resolution, limit or
prohibit the use of water for purposes not deemed essential whenever,
in its judgment, it shall be necessary or prudent to do so to conserve
the supply.
[1]
Editor's Note: Former § 247-21,
Permit required to fill cisterns, pools or ponds, was repealed 5-10-2007
by Ord. No. 07-07 and 9-13-2007 by Ord. No. 16-07. Due to a typographical
error, Ord. No. 07-07 was repealed 9-13-2007 by Ord. No. 15-07.
The owner of any property shall not permit a
connection to exist by which water may pass from such property to
another property even though the ownership of both properties may
be the same.
[Amended 9-11-2008 by Ord. No. 23-08; 7-8-2021 by Ord. No. 21-21]
A.
No person other than a member of the Fire Department, Water Department,
Public Works Department or duly authorized employee or agent of the
Borough or water operations company shall be permitted to open any
fire hydrant or water hydrant located within the Borough of Rockaway.
B.
No person shall be permitted to use, connect to or access water from
any water main or hydrant within the Borough without the express written
approval of the Director of Public Works, Water Department, Borough
Administrator or the Mayor and Council. Any person wishing to use
or connect to a water main or hydrant within the Borough as a temporary
source of water for construction or other purposes shall make written
application to the Director of Public Works or the Water Department
for temporary approval, which shall be accompanied by payment of the
applicable fee. Any such approval granted hereunder shall be temporary,
limited revocable by the Borough at any time, including if it is determined
that the water is being wasted or used unnecessarily, the duration,
scope, use or purpose of the authorization has been exceeded or is
inconsistent with the approval granted or other good or sufficient
cause exists. Upon expiration or completion of the temporary approval,
the applicant shall, upon prior notice to the Director of Public Works
or the Water Department, disconnect all temporary services, backfill,
grade, see and restore the area to its prior condition. The Borough
may, in its discretion, require the applicant to post a bond or deposit
as a condition of approval. Any hydrants, mains or other infrastructure
or utilities damaged through construction or use shall be promptly
repaired and restored at the sole cost and expense of the applicant.
C.
The use of fire hydrants and water hydrants for the filling of swimming
pools and landscaping uses is expressly prohibited.
D.
Except as otherwise authorized under this section, it shall be unlawful
for any person to use, access, open, tamper with, damage, destroy,
disturb, or in any manner interfere with any water main or hydrant
within the Borough or dig up, excavate, access, disturb, or alter
any street, road, right-of-way, sidewalk, pipe, valve, water main,
service line, water infrastructure or improvement for the purpose
of connecting any building or premises with any water main, pipe,
valve or service line or connect or attempt to connect any pipe, line
or other attachment with any water main, pipe, service line or water
infrastructure or to use any water from any water main, hydrant, pipe,
service line or valve within the Borough limits without first obtaining
the express written approval of the Director of Public Works, Water
Department, Borough Administrator or the Mayor and Council.
E.
No person shall at any time or in any manner obstruct, interference
with or prevent access to any water main, hydrant, meter, service
line, valve, pipe, building, home or premises connection or other
water infrastructure or fixture by any authorized employee, official
or agent of the Water Department or Public Works Department accessing,
inspecting, repairing, testing or performing other official duties.
F.
Any person who shall be found to be in violation of Subsection A or Subsection C of this section shall, upon conviction, be subject to a fine of not less than $500 for a first offense and of not less than $1,000 for a second or subsequent offense. Any person who shall be found to be in violation of any other provision of this section shall, upon conviction, be subject to the penalties as provided in Chapter 1, General Provisions, § 1-2, of the Borough Code.
A.
The Borough will endeavor to render bills to the owner
of the premises for water and sewer and other Borough charges, but
the nonreceipt of a bill covering such charges will be no excuse for
failure to pay or delay in paying the same.
[Amended 2-25-2021 by Ord. No. 05-21]
B.
All charges for water and sewer must be paid within 60 days after the date of the bill therefor. If not so paid, the water shall be turned off from the premises against which such charge stands. When so turned off, water will not be turned on again until all charges have been paid, together with a turn-on fee as provided in Chapter A263, Fees.
[Amended 6-13-1985 by Ord. No. 17-85; 12-14-1989 by Ord. No. 26-89; 11-14-1991 by Ord. No. 22-91; 2-25-2021 by Ord. No. 05-21]
C.
The owner of any house, tenement, building or lot
shall be liable for the payment for the use of water on such premises,
and, if not paid, it shall be a lien upon such house, tenement, building
or lot until the same shall be paid and satisfied.
D.
Payment of all water charges and other amounts due
the Borough shall be paid to the clerk of the water utility.
E.
The owner of any house, tenement, building or lot who desires to have water service turned off so that said owner can make necessary repairs and then turned back on shall pay a fee as provided in Chapter A263, Fees.
[Added 6-13-1985 by Ord. No. 17-85; amended 12-14-1989 by Ord. No. 26-89; 11-14-1991 by Ord. No. 22-91]
[Amended 3-13-1975 by Ord. No. 2-75; 4-23-1981 by Ord. No. 10-81; 3-25-1982 by Ord. No. 7-82; 3-8-1984 by Ord. No. 8-84; 6-13-1985 by Ord. No. 17-85; 12-30-1985 by Ord. No. 27-85; 12-8-1988 by Ord. No. 20-88; 12-14-1989 by Ord. No.
26-89; 11-14-1991 by Ord. No. 22-91]
A.
The minimum charges and rates per quarter-annually based upon the cubic feet used for all customers of the Water Utility System of the Borough of Rockaway shall be as provided in Chapter A263, Fees.
[1]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
C.
Multiple units with a single meter. Where multiple units on a property are serviced by one meter for all such multiple units rather than individual meters for each of such units, the owner of the property on which such units are located shall be charged a minimum quarterly charge as provided in Chapter A263, Fees, multiplied by the number of units serviced by that one meter. For the minimum charge set forth in Chapter A263, Fees, the owner of such property shall be entitled to the usage of water equal to the minimum allowed for one meter multiplied by the number of units serviced by the one meter. For purposes of this subsection, a "unit" shall be defined as any part of a residential or commercial property, which part is designed for separate ownership or occupancy. Any water usage in excess of the total minimum provided for in this section shall be billed in accordance with the rates applicable to single meters. In the event that during any quarterly period the minimum water cubic feet shall not have been reached, the owner shall only be obligated to pay the minimum rates provided for in this subsection.
[2]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
D.
In the event that a customer of the Borough of Rockaway does not return the request of the Borough of Rockaway for present meter readings and, therefore, the Borough of Rockaway is required to estimate the customer's bill for that period, the customer shall receive an estimated bill, in such event, in the amount as provided in Chapter A263, Fees. Subsequent to such billing, should the Borough of Rockaway determine by meter reading that the customer's usage was in excess of the minimum bill for such period (minimum for this purpose shall be deemed 1,300 cubic feet) or less than the amount so charged, the Borough of Rockaway shall have the right thereafter to bill such user for additional water consumed based upon the schedule of rates contained in Chapter A263, Fees, or a credit granted for any excess charged above the actual use.
[3]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
E.
At least annually, but as frequently as the Superintendent
of Public Works shall determine may be appropriate under all circumstances,
all persons having meters shall permit and provide access to the designated
agent of the Superintendent of Public Works to allow that person to
inspect the water meter to determine whether the meter is properly
functioning and to read, inspect, repair or replace said meter. The
Superintendent of Public Works or his designated agent shall attempt
to contact persons having meters in order to arrange a mutually convenient
time for the inspection of such meters. In the event that such person
shall not respond to the request to arrange a meter inspection or
should the Superintendent of Public Works or his designated agent
be unable to make contact with such persons either orally or in writing
or should such person refuse to permit inspection of the water meter,
the Superintendent of Public Works or his designated agent shall serve
a written notice upon the property owner where such meter is located
by certified mail, return receipt requested, specifying the date and
time when an authorized representative of the Borough will present
himself at the property for the purpose of checking the water meter
and reading, inspecting, repairing or replacing such meter. Notice
shall be deemed effectively given upon the posting of such letter
with the United States mails and evidence of such posting obtained
by the stamping of the receipt for such mailing by the United States
Post Office. Such notice shall be served upon the property owner and
at the address listed on the tax duplicates. It shall be the responsibility
of said property owner to notify the Borough Superintendent of Public
Works of any address for the purpose of notice other than the address
set forth on the tax duplicates of the Borough. In the event that
the property owner or his designated representative shall fail to
permit the designated agent of the Superintendent of Public Works
to inspect and read the meter on the date, time and place set forth
in the notice to be given pursuant to this section, the Superintendent
of Public Works shall thereupon levy and assess a penalty in the amount
of $100 to be billed to said property owner along with any other bills
or estimates pursuant to this chapter, and such penalty shall be collected
in the same manner as charges for water use are collected. Within
30 days thereafter, should the property owner continue to fail to
permit inspecting and reading of the meter, the Superintendent of
Public Works or his designated agent shall direct a second notice
to said property owner by certified mail, return receipt requested,
in the manner provided above, notifying said property owner of a second
date and time for inspection. In the event that the property owner
shall refuse or fail to permit inspection, reading, repairing or replacing
of the meter at such second time, the Superintendent of Public Works
may discontinue water service to the property until such time as the
property owner shall arrange for an inspection, reading, repairing
or replacing of the water meter and shall pay all past-due charges,
fines and penalties. All penalties assessed shall become charges for
water usage and shall be collectible in a like manner as provided
in this chapter and by law. Nothing contained in this section shall
abridge the right of the Borough of Rockaway to terminate water service
or seek other remedies as provided in this chapter; the penalties
provided in this section are intended to be in addition thereto and
not the sole and exclusive remedy for the failure or refusal of persons
having meters to permit inspection and reading of the same.
[Amended 12-12-1991 by Ord. No. 35-91; 5-10-2007 by Ord. No. 07-07;[4] 9-13-2007 by Ord. No. 16-07]]
[4]
Editor's Note: Due to a typographical error,
this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
