When streets, highways or alleys are paved, repaved or repaired, all gas, water, telegraph, telephone and other companies, corporations or persons in the City shall install or repair all pipes, mains and conduits, and make all necessary gas, water and other pipe connections on each side of the roadway, at their own cost and expense.
[Adopted as Art. 905 of the 1979 Codified Ordinances][1]
[1]
Editor's Note: The City by Ordinance 39-1973, passed October 17, 1973, authorized the sale of the sewage collection, conveyance and treatment system to the Delaware County Regional Water Control Authority (DELCORA).
No telegraph; telephone, electric light, gas or water company shall lay, construct and maintain on any street, highway or alley within the City any conduits, mains, gas and water pipes, without first submitting to Council a plan, except where connections are to be made to the curb, or where the length of the conduits, mains, gas and water pipes, does not exceed 300 feet, such plans need only be submitted to the City Engineer.
A.
Property owners of buildings and lots or parcels of land fronting and abutting on any highway, street or alley about to be paved, repaved and repaired, shall make the proper connections with the sewer constructed in and upon the same.
B.
All such connections shall be extended to the inner lines of the curbstones on the roadway and shall be not more than 40 feet apart unless otherwise specified by the Director. In case of vacant lots, connections shall be made as designated by the property owners or as otherwise by the Director of Streets and Public Improvements.
C.
The action required by this section shall be taken within 30 days after notice to do so is given by the Director.
The sewer connection notice shall be served following the first reading of the proposed ordinance upon a corporation in the same manner as service upon corporations is provided by law, and on individuals and property owners by service on a resident of each of the properties to be affected, and if a resident cannot be found, by posting on the premises. Upon failure of any company, corporation or person to have such work done within the time specified, the Director of the Department of Streets and Public Improvements is hereby authorized to have such work done provided 30 days' notice has been given and Council has not decided otherwise. The cost thereof of work so done shall be collected from such company, corporation or person, with lawful interest, by action at law, or by lien in the manner provided by law, and the City Solicitor is hereby instructed to proceed to collect all bills and liens for the work if not paid within 30 days after the completion thereof.
The improved surface of the street, highway or alley shall not be torn up or opened, except in case of unavoidable accident, for the period of five years from the date of final completion. The Department of Streets and Public Improvements shall be notified immediately of any such opening or excavation.
The Director of Streets and Public Improvements shall obtain from each telegraph, telephone, electric light, gas and water company doing business in the City a record and memorandum of its conduits, mains, gas and water pipes in the streets, highways and alleys of the City, and the number, size and miles thereof. If the same is not furnished, the Director shall obtain such information in the best possible manner. The conduits, mains, gas and water pipes of each telegraph, telephone, electric light, gas and water company, doing business in the City or on any of the streets, highways or alleys thereof, shall be inspected by the Director or his agents or employees at least once in every year, in order that it may be ascertained if such conduits, mains, gas and water pipes, and the surface of the street over the same, are in a safe and proper condition.
Where conduits, mains, gas and water pipes have been laid, constructed and maintained, in any street, highway or alley of the City, it shall be the duty of any telegraph, telephone, electric light, gas or water company owning or leasing such to submit to the Department of Streets and Public Improvements on or before June 1 in each year a sworn statement of the number of miles and location, and to pay to the Department $5 for each mile. The Department shall issue a permit which shall entitle such telegraph, telephone, electric light, gas and water company to maintain such conduits, mains, gas and water pipes, subject to the provisions of this article for the term of one year from June 1. The Director shall on or before June 1 of each year, submit a bill to each telegraph, telephone, electric light, gas and water company, for the fee levied by this section setting forth the number of miles of conduits, mains, gas and water pipes.
No temporary movable vehicle or structure shall be allowed to connect with a public sewer. No water, gas or sewer connections shall be made in, across or along any paved street of the City for the purpose of connecting with any temporary movable vehicle or structure. No permit shall be issued by any City department or official for any water, gas or sewer connection to any temporary movable vehicle or structure.
[Amended 6-5-2017 by Ord. No. 2-2017]
Upon violation of this article the City may take any of the following actions:
A.
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives or any Police officer may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, the fine prescribed therefor pursuant to Subsection A(2) below, and a reference to this chapter.
(1)
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2)
Ticketed penalties for violations shall be in the amount of $200, provided however, that the City Council may revise such ticket penalties amount by resolution from time to time.
(3)
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection A(1) hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
B.
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives may cause the conditions in violation of this article to be removed or abated by employees of the City or by any independent contractor authorized by the City. Thereafter, the owners, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement, plus an administrative charge equal to 15% of such costs, in the manner of a municipal lien.
C.
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.