A.
Connection without permit prohibited. No person shall
make any water connection to any portion of the water supply system
or any extension of any water distribution system in the Borough of
Lavallette, except upon proper permit issued by the Construction Code
Official after application has been made, necessary permit and tapping
fees and service charge are paid, as set forth in this chapter, and
approval secured in writing from the Borough Superintendent.
B.
Tapping fire hydrants without permit prohibited. No
person, except a duly authorized person or persons designated by the
Mayor and Borough Council by proper resolution, shall take water from
any public fire hydrant except for fire purposes and for the use of
the Fire Department in case of fire, nor shall anyone in any way use
or take water for private use, unless such person shall first pay
for the privilege and receive a permit from the Department of Public
Works.
[Amended 7-21-2008 by Ord. No. 2008-13 (1041)]
A.
Contents. All applications for water service and/or
connection shall be made to the Superintendent of Public Works and
shall contain an assent to the rules and regulations herein prescribed
from the owner or the duly authorized agent of the owner of the property
on which the water service is desired. The application shall give
the following information:
B.
Service term. All applications for water service shall
continue in force from year to year unless 30 days' notice in writing
is given to the Department of Public Works, requesting termination
of the service.
C.
Additional fee for connection where extraordinary
or unanticipated conditions are encountered. The Borough of Lavallette
may charge the owner or the duly authorized agent of the owner of
the property on which the water service is desired an additional reasonable
charge for time or materials which is incurred due to extraordinary
or unanticipated conditions encountered during connection. Such extraordinary
or unanticipated conditions may include, but are not limited to, a
need to disconnect additional properties or move or extend lines,
site conditions, hidden or underground obstructions, unique physical
layout or topography of the property or distance to existing service,
or damaged or faulty work at the point of connection of the new service.
Such fees shall be calculated and charged in advance of the connection
if possible. The reasonableness of such fees shall be determined by
reference to standard fee schedules or material rates as shall exist
in and about Ocean County. The decision of the Construction Official
shall be the final agency action in the event of any dispute over
connection fees.
The provisions of this chapter shall also apply
to application for the extension of the water distribution system;
provided, however, that such application shall be made only where
sufficient demand for service is warranted. The Mayor and Council
shall determine the terms and conditions upon which such applications
or petitions may be granted. Extension of new main lines, in general,
will be made as local improvements, the benefits of which are assessable
to owners of abutting property in accordance with applicable state
statutes.
All water service taps are to be made by the
Department of Public Works, or its authorized agents, in every case
with charges as per schedule according to size of tap desired. The
Borough of Lavallette shall be the owner of the service from the Borough
main to the curbline, as well as curb stops, valves, curb boxes and
roadway boxes which are to be used by the Department of Public Works
for turning on or shutting off the water supply. The Borough shall
install the line from the main supply to the curbline and/or curb
stop. The owner shall install the line from the curb stop to the structure.
A.
Equipment; rates. All users shall be equipped with water meters and shall pay water rates based upon meter readings in accordance with fees and charges set forth in Article I of this chapter.
B.
Separate meters.
(1)
Each structure or building having a separate water
service shall be separately metered. A property owner may request
that additional water service lines be supplied to the premises.
(2)
All charges for water service shall be made in accordance with the provision of Article I of this chapter. In the event that the owner of the premises fails to install a water meter or remote reading device within the time period established in § 63-10D(2), water usage shall be billed at the rate of $2 per day.
(3)
No water meters will be supplied for subtractive water
metering purposes.
C.
Meter location.
(1)
All water meters shall be located within the structure
receiving the water supply; be protected from the elements; be located
as close as possible to the stop and waste valve where the service
enters the building; and be located in a suitable and readily accessible
area to permit meter reading and service to the meter. The location
of the water meters shall be approved by the Superintendent of Public
Works, or his/her designated agents, prior to their installation.
The Superintendent of Public Works shall have the discretion to allow
the meter to be located in other locations requested by the owner
or occupant receiving water service; provided, however, that said
owner or occupant shall be responsible for repair or replacement costs
of the meter because of the deviation from the location prescribed
herein.
(2)
Remote reading device location. The user shall provide
a suitable and readily accessible place on the exterior or interior
of the building structure for the installation of a remote reading
device. The location of the remote reading device shall be approved
by the Superintendent of Public Works, or his/her designated agents,
prior to its installation.
D.
Meters owned by the Borough.
(1)
All meters used on any Borough water service measuring
the quantity of water consumed shall be made available by the Department
of Public Works and shall remain the property of the Borough of Lavallette.
The owner shall pay for all meter repairs or replacement costs due
to the negligence of the owner or occupant of the property receiving
water service. The Superintendent of Public Works shall be charged
with the responsibility of determining whether damage to the water
meter was caused by the negligence of the owner or occupant of the
property receiving the water service.
(2)
Installation by Borough. The owner of any premises
connected to the municipal water supply system shall be metered and
shall pay for installation, at his/her own expense, of a water meter
to be supplied by the Department of Public Works. The Superintendent
of Public Works or his/her authorized employees or agents must perform
all work in connection with the installation of the water meter and
accessories.
E.
Owner responsible for meter. The owner of any premises
where a meter is installed shall be held responsible for its care
and protection from freezing, hot water or from any other damage thereto.
The owner or user shall notify the Superintendent of Public Works
of any damage to or of the nonworking of the meter as soon as the
same comes to his/her knowledge. No bypass around the meter shall
be permitted.
F.
Repairs to meters. The repairs to water meters shall
be made by the Department of Public Works at its own expense; provided,
however, that if proper protection has not been provided, all expenses
incurred by the Department of Public Works for repairing or replacing
the meter shall be charged to the user or owner of the premises where
such meter is located, in accordance with the schedule of repair and
replacement charges on file in the office of the Department of Public
Works.
G.
Measurement. Where water is furnished by meter measurement,
the quantity recorded by the meter shall be conclusive on both the
user and the Borough of Lavallette, except where the meter has been
found to be registering incorrectly or has ceased to register. In
such case or cases, the quantity may be determined by the average
registration of another meter for a period of 30 days, or by the same
meter for a period of 30 days after it has been repaired and tested,
during a similar use period, or the quantity used during a previous
corresponding period. The period of similar use or the previous corresponding
period shall be determined by the Superintendent of Public Works.
H.
Tests.
(1)
The Department of Public Works shall, at the request
of any owner or user, test the meter. A meter shall be considered
to be functioning correctly if it records a flow within 2% of absolute
correctness. If the meter is determined to be recording a flow in
excess of the water actually delivered, the water charge shall be
adjusted; provided, however, that the adjustment shall be for a maximum
of one year's water charges. In no case shall there be an adjustment
of less than the minimum of the annual service charge. If the meter
is found to be recording correctly, the owner or user shall pay a
test fee of $50.
(2)
The Department of Public Works will conduct tests
of meters as shall become necessary to ensure the proper functioning
of the meter.
I.
Complaints. Complaints with regard to the character
of the service furnished, the reading of meters or bills rendered
must be made to the Department of Public Works in writing. The Superintendent
of Public Works shall make a record of such complaint, giving the
name and address of the complainants, the date, the nature of the
complaint and the remedy.
J.
Interference with meters. No person, other than an
employee of the Department of Public Works or its authorized agents,
shall, without the prior authorization of the Superintendent of Public
Works, remove, replace or in any manner interfere with a meter attached
to a water pipe, used or intended to be used to supply water to any
premises. This applies whether the meter is set within or without
a building.
A.
Stop and waste valves. Each user must have installed
at his/her own expense a stop and waste valve on the service pipe
inside the building. The valve is to be installed within one foot
of where the service pipe enters the building, and the valve must
be so located and arranged that the water supply may be shut off without
difficulty.
B.
Work to be done by plumber. All water service connections
from the curb box to and in the building and land surrounding the
same, with the exception of meter installation, must be made by either
the property owner or a plumber registered and licensed as provided
by law and shall be inspected as hereinafter provided.
C.
Service pipes. Where several premises or several houses,
buildings, stores, apartment units, persons or users in the same premises
are supplied by the same service pipe, each one shall be responsible
for all others connected to the service pipe.
D.
Water main valves. No person, except a duly authorized
employee of the Department of Public Works, shall open or close any
valve in the water main of the Borough of Lavallette.
E.
Safety valves. All users having boilers upon their
premises, depending upon the pressure in the water main and pipes
of the Department of Public Works to keep them supplied, are hereby
cautioned against danger of collapse, and all such damage must be
borne exclusively by the user. Under no circumstances will the Department
of Public Works be responsible for any accident to pipes, fixtures
or property caused by turning water on or off for any cause whatsoever.
To provide against accident to boilers or hot-water heaters, a safety
valve shall be installed to relieve excessive steam pressure or a
tank should be provided, so arranged as to keep the supply of water
in such boiler or heater when the water supply is disconnected from
the main.
F.
Injury to property. No person shall break, damage,
destroy, uncover, deface or tamper with any structure, meter, line,
sewer, appurtenance or any equipment which is part of the municipal
system of the waterworks and plants of the Borough of Lavallette.
A.
Waste prohibited. Excessive or unnecessary use or
waste of water, whether caused by carelessness or defective or leaking
plumbing fixtures, is strictly prohibited.
B.
Water shortage regulations.
(1)
In the event that the Mayor and Council shall determine
that a shortage of water may occur because of prolonged drought or
heat, or the level of the reservoir or any well serving the water
system of the Borough of Lavallette is low, or because of breakdown
of equipment of the water 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 of Lavallette or any municipality using the water system of
the Borough, may be restricted or prohibited by order of the Mayor
and Council:
(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 Lavallette.
(2)
The words “business establishment,” as
used in this subsection, shall include hotels, rooming houses, boardinghouses
and similar-type establishments.
C.
Powers of Department of Public Works. The Department
of Public Works may at any time restrict or regulate the quantity
of water used by the consumer in case of scarcity if, in the judgment
of the Mayor and Council, 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 for any deficiency in the supply of water, whether by the occasion
of the shutting off of water or any other cause whatsoever. The Borough
of Lavallette 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 service of any type whatsoever shall be held
and construed to be made subject to the provisions of this subsection.
D.
Requirements of fires. The Borough shall have the
right to reserve a sufficient supply of water at all times in its
reservoir to provide for fires and other emergencies.
A.
Discontinuance by consumer. Any consumer wishing to
discontinue water service shall give written notice thereof at the
office of the Department of Public Works. The charge for service will
continue until such notice is given. Upon receipt of such notice,
the Department shall turn off the service at the curb stop and record
the date thereof. In every case where service is granted for less
than the calendar year, the customer will be charged in accordance
with the schedule, but in no case less than the minimum annual charge
as provided in the schedule of rates, services and charges.[1]
B.
Discontinuance of service by Department of Public
Works. Service under an application may be discontinued by the Department
of Public Works for any of the following reasons:
(1)
For the use of water on any other property building
or purpose than that described in the application.
(2)
Under a flat or meter rate service, for addition to
such property or building or fixtures or for increasing the use to
be made of water supply without notice to the Department.
(3)
For the willful waste of water through improper or
imperfect pipes, fixtures or otherwise.
(4)
For failure to maintain in good order connections,
service lines or fixtures owned by the Department.
(5)
For molesting any service pipe, meter, curb stop,
box seal or any other appliance of the Department.
(6)
In case of vacancy of premises.
(7)
For neglecting to make or renew minimum payments or
for nonpayment of water service or for any other charges accruing
under the application, including water charges.
(8)
For nonpayment of water fees or charges within 30
days of the due date of the payment.
(9)
For refusal of reasonable access to the property for
the purposes of inspecting or reading, caring for or removing meters
or for refusal of entry at all reasonable hours to the premises of
any uses of the water service for the purposes of examining the pipes,
fixtures and also to check the number of fixtures connected.
(10)
For fraudulent representation on the part of the customer
or the owner of the premises.
(11)
Persistent violation of the rules and regulations
of the Department of Public Works or a violation of any provisions
of this chapter.
C.
Regulations concerning discontinuance of service.
(1)
Regarding discontinuance of water services to any
customer regardless of reason, water services to the customer can
be discontinued by the Borough upon written notice to the property
owner notifying of the proposed discontinuance and stating the reasons
for the same. Said notice is required by and shall be given pursuant
to N.J.S.A 40A:31-12.
(2)
No plumber or owner or occupant of a premises shall
turn on water to any premises, whether an old or new supply, in cases
where the water has been turned off for nonpayment of water fees and
charges, or for any other cause, without the written permission of
the Department of Public Works.
(3)
Where water has been turned off for any cause, it
is to be recorded on the books of the Department of Public Works,
and the charge, except for the minimum annual rate, ceases from that
date, or, where water recorded as turned off is at any time found
on, it is expressly agreed by the user and owner that the Department
may charge for the use of water from the time it is recorded as being
turned off, in addition to any arrears chargeable against the premises.
(4)
In cases where the Department of Public Works shall
shut off the water service, no user of the service shall have any
claim for damages or compensation or for the abatement of any charge
made or fee imposed. Further, when any premises are occupied by more
than one tenant drawing water through the same service pipe, the owner
of the property shall be responsible for water fees and charges, and,
if the water is cut off from the premises, the same shall not be turned
on until all fees and charges due and all expenses for cutting off
and turning on the water service shall be paid in full.
(5)
In addition to provisions herein, whenever water service has been disconnected by the Department of Public Works for any of the reasons stated in Subsection B, no restoration to water service shall be made unless there is paid, prior to restoration, to the Borough, in full, all fees and charges due to the Borough, and all expenses for shutting off and turning on the water, or a fee of $40, whichever is greater.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this chapter shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
