[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-14-1987 by Ord. No.
1167]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
The Ephrata Area Joint Authority.
The Borough of Ephrata.
Any property within the Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Borough owned
by the Ephrata Area Joint Authority.
A.Â
The owner of any improved property abutting upon the
water system shall connect such improved property with and shall use
such water system in accordance with the rules and regulations of
the Authority[1] within 90 days after notice to such owner from the Borough
to make such connection.
[1]
Editor's Note: Said rules and regulations
are on file in the office of the Secretary of the Ephrata Area Joint
Authority.
B.Â
The notice by the Borough to make connections to a main referred to in § 311-2A shall consist of a copy of this article, including any amendments and/or supplement at the time in effect, or a summary of this article in letter form specifying that such connections shall be made within 90 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to a particular improved property.
C.Â
If the owner of any improved property located within
the Borough and abutting upon the water system, after 90 days' notice
from the Borough, shall fail to connect such improved property, the
Borough or Authority may construct such connection and collect from
such owner the costs and expenses thereof in any manner permitted
by law.
In the event that any person shall deem the
requirement to connect as provided in this article a hardship, such
person may appeal to the Borough Council for relief from such connection
requirement, which appeal shall be heard in accordance with provisions
of the Pennsylvania Local Agency Law.
[Amended 4-8-1996 by Ord. No.
1279]
Any person, firm or corporation who or which
shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600, plus costs
of prosecution, and in default of payment thereof shall be imprisoned
for a term not to exceed 30 days. Every day that a violation of this
article continues shall constitute a separate offense.