[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-27-1957 by Ord. No. 57-10]
[Amended 11-24-1997 by Ord. No. 97-17]
There is hereby established in the Borough of
Clementon the Department of Public Works, Division of Water. The Division
of Water shall be under the control and supervision of the Superintendent
of the Department of Public Works. The Division of Water shall be
subject to the rules and regulations hereinafter specified.
[Amended 11-24-1997 by Ord. No. 97-17]
The Borough Council of the Borough of Clementon
shall, by resolution, provide for such employees as may be required
for the operation of the Division of Water and shall further fix the
salaries or wages to be paid to each of said employees as it may be
deemed necessary and advisable. All of said employees shall be subject
to the jurisdiction of the Water Committee of Borough Council and
of the Borough Council itself.
A.
Written application for service connection shall be
made on the form provided by the Borough and filed with the Division
of Water, and the charge hereinafter fixed for tapping the main and
installing corporation cock, as well as the charge for a supply to
the last day of December next ensuing such application, shall all
have been paid to the Division of Water before any service connection
will be installed.
[Amended 9-24-1973 by Ord. No. 73-18; 11-24-1997 by Ord. No. 97-17]
B.
A service line will be used to supply a single building
or a single group of buildings as a group of factory buildings, hospital
buildings or a single institution having a number of separate buildings.
C.
Not more than one service line shall be run into a
building unless by special agreement between the Division of Water
and the applicant for such service line.
[Amended 11-24-1997 by Ord. No. 97-17]
D.
"Customer," as used herein, shall be the party who
owns a property as hereinafter classified:
(1)
A building under one roof and occupied as one place
of business or residence; or
(2)
A combination of buildings in one common enclosure
occupied by one family or place of business; or
(3)
The one side of a double house having a solid vertical
partition wall, making it eligible to divided ownership; or
(4)
A building with more than one apartment and the occupants
using in common one hall and one entrance; or
(5)
A building having a number of apartments or offices
and the occupants using in common one hall and one or more means of
entrance.
E.
If the owner of a multifamily dwelling or apartment
house desires to have meters installed for each family, the Division
of Water will install such meters upon proper application therefor,
but only in accordance with the following specifications:
[Amended 11-24-1997 by Ord. No. 97-17]
(1)
A suitable location must be provided in the basement
or cellar where all meters can be placed in an accessible position,
free from danger of damage either from frost or hot water or undue
heat, and where they will not be subject to possible mechanical damage.
(2)
The piping of the building must be so arranged that
each apartment will be supplied through its independent meter, and
the piping for each apartment must run independently from the meter
location.
(3)
The connection at the meter must include a suitable
stopcock of a type arranged to be locked when closed and must also
be arranged so that the Division of Water will not be required to
do any pipe fitting, but will merely have to connect the meter by
means of unions already in place.
(4)
The union connections must be put in place at the
expense of the owner and will remain as a part of the permanent piping
of the building.
F.
Service pipes will not be installed when the service
pipe passes over or through premises which at any time may be the
property of persons other than the owner of the premises to be supplied,
unless the owner of the premises supplied assumes the liability.
G.
Wherever lead pipe is used in the plumbing of any
house for water connections, it must not be less in weight than A.A.
pipe.
H.
In any case where, from a four-inch main, a larger
supply will be needed than can be furnished by a three-quarter-inch
tap, the increased supply shall be given by an additional tap or taps
at extra cost, as provided.
I.
As to all apartment, condominium and townhouse construction,
all water mains, connections and meters shall be furnished and installed
by the developer at his own expense, subject to inspection and acceptance
by the Borough of Clementon.
[Added 9-24-1973 by Ord. No. 73-18]
A.
Where a water connection has been previously installed
and water is desired, the proper application must be signed by the
owner.
B.
Any contract or agreement covering water supply shall
expire on the last day of December next succeeding the date thereof,
but any contract or agreement shall continue in force from year to
year after the expiration of that date, unless 30 days' notice in
writing is given by either party of a desire to terminate the contract
on the next succeeding last day of December, provided that nothing
herein shall be construed to prevent the making of contracts for extensions
of service or other special conditions.
C.
When the supply of water is to be temporarily cut
off, notice will be given, when practicable, to all customers affected
by the shutting off, stating the probable duration of the interruption
of service and also the purpose for which the shut-off is made.
D.
A supply of water for building or other special purposes,
except on a lot or premises already supplied with water by meter,
must be specially applied for.
E.
All use of water by other than the applicant, or for
any purpose or upon any premises not stated or described in the application,
must be prevented by the applicant.
F.
The applicant shall be liable for the amount of water
used in conformity with the schedule of rates or tariffs of the Division
of Water.
[Amended 11-24-1997 by Ord. No. 97-17]
G.
Service under an application may be discontinued for
any of the following reasons:
(1)
For the use of water for any other property or purpose
than that described in the application.
(2)
For willful waste of water through improper or imperfect
pipes, fixtures or otherwise.
(3)
For failure to maintain, in good order, connections,
service lines or fixtures owned by the applicant.
(4)
For molesting any service pipe, meter, curb stopcock
or seal or any other appliance of the Division of Water.
[Amended 11-24-1997 by Ord. No. 97-17]
(5)
In case of vacancy of premises.
(6)
For neglecting to make payments or for nonpayment
for water service or of any other charges accruing under the application.
(7)
For refusal of reasonable access to the property for
purposes of inspection or for reading, caring for or removing meters.
H.
Water will be turned off from any premises upon the
written order of applicant without in any way affecting the existing
agreement for service.
I.
Emergencies.
(1)
As necessity may arise, in case of breakdown, emergency
or for any other unavoidable cause, the Division of Water shall have
the right to temporarily cut off the water supply to make necessary
repairs, connections, etc., but the Division of Water will use all
reasonable and practicable measures to notify the consumer of such
discontinuance of service.
[Amended 11-24-1997 by Ord. No. 97-17]
(2)
All persons having boilers within their premises not
supplied by a tank or cistern are hereby cautioned against collapse.
(3)
In such case the Division of Water will not be liable
for any damage or inconvenience suffered.
[Amended 11-24-1997 by Ord. No. 97-17]
J.
Service will be renewed, under a proper application,
when the conditions under which such service was discontinued are
corrected, and upon the payment of all proper charges, provided in
the schedule of rates or tariffs of the utility, due from the applicant.
K.
In case of a scarcity of water from any cause, the
Division reserves the right upon public notice to have the use of
water for hose and sprinkling purposes suspended or restricted.
[Amended 11-24-1997 by Ord. No. 97-17]
A.
Meters shall be conveniently located at the point
approved of by the Division of Water, so as to control the entire
supply, and a proper place and protection for the meter shall be provided
by the applicant.
[Amended 11-24-1997 by Ord. No. 97-17]
B.
A one-way stopcock or gate valve shall be placed in
the service line on the street side of, and near, the meter, and a
stop and waste cock or valve on the other side of the meter.
C.
Installation.
(1)
Meters will be furnished to customers by the Division
of Water and installed either by the Division of Water or a qualified
plumber authorized so to do.
[Amended 11-24-1997 by Ord. No. 97-17]
(2)
As to all apartments, condominiums or townhouses,
all meters are to be furnished and installed by the developer at his
own expense subject to inspection and acceptance by the Borough of
Clementon.
[Added 9-24-1973 by Ord. No. 73-18]
(3)
All apartments, condominiums and townhouses shall
be, and the same hereby are, required to be equipped with an individual
meter per unit.
[Added 9-24-1973 by Ord. No. 73-18]
(4)
All shops, stores, laundromats, offices, movie theaters
or other individual business locations leased or otherwise rented
by a common owner to a tenant or tenants shall be equipped with an
individual meter per unit.
[Added 2-24-1975 by Ord. No. 75-1]
D.
All water delivered to consumers shall be measured
by meters and sold at meter rates, except as hereinafter provided.
E.
All premises not now metered will be metered by December
31, 1961. Installation of meters will begin in 1958 and will proceed
in alphabetical order by street names.
F.
There will be an extra charge for outside curb meter
installations.
G.
In case of a disputed account involving a question
as to the accuracy of a meter, such meter will be tested by the Division
of Water upon the request of the applicant. In the event that the
meter so tested is found in error in the registration in excess of
3%, the bills will be corrected accordingly.
[Amended 11-24-1997 by Ord. No. 97-17]
H.
If meter tests are required more often than once each
year, there shall be a fee of $75 for each additional inspection.
[Amended 4-8-2008 by Ord. No. 2008-05; 5-12-2009 by Ord. No.
2009-09]
I.
Customers may test the accuracy of a meter at any
time by drawing water until the meter registers one or more gallons.
J.
Where water is furnished by flat rate, the Division
of Water shall have the right to install, maintain and inspect a meter
to determine the quantity supplied, and the applicant shall provide
a suitable location for the said meter.
[Amended 11-24-1997 by Ord. No. 97-17]
K.
The Division of Water reserves the right to change
from flat-rate service to meter service, at any time, under uniform,
nondiscriminatory rules.
[Amended 11-24-1997 by Ord. No. 97-17]
L.
Where water is furnished through a meter, the quantity
recorded by it shall be taken to be the amount passing the meter,
except where the meter has been found to be registering inaccurately
or has ceased to register. In such cases the quantity may be determined
by the average registration of the meter when in order or by such
fair and reasonable method as shall be based upon the best information
obtainable.
M.
Where excessive leakage has been found, adjustments
may be made, provided such leakage did not result from undue carelessness
or neglect on the part of the owner or occupant of the premises supplied.
N.
Water will not be furnished where pipes are inferior
or the plumbing is defective, or where the faucets, water closets
or other fixtures are leaky or imperfect; and when such conditions
are discovered, the supply of water will be cut off unless immediate
repairs are made.
[Amended 11-24-1997 by Ord. No. 97-17]
Stopcocks at the curbline are for the exclusive
use of the Division of Water, and no other person, persons, firm or
corporation shall, without permission, connect or disconnect the same
or in any other manner without such permission tamper or interfere
with the meter, pipes, conduits or other instruments for any reason
or purpose whatsoever.
[Amended 11-24-1997 by Ord. No. 97-17]
Complaints with regard to the character of the
service furnished or the reading of meters or of the bills rendered
must be made at the business office of the Division of Water, either
verbally or in writing, and a record of such complaint will be made,
giving the name and address of the complainant, the date, the nature
of the complaint and the remedy.
[Amended 11-24-1997 by Ord. No. 97-17]
No person except the authorized employees of
the Division of Water, or other authorized person, shall take water
from any public fire hydrant, hose plug, street washer or fountain
or pipe, except for fire purposes or for the use of the Fire Department
in case of fire; and no public fire hydrant shall be used for sprinkling
streets, flushing sewers or gutters or for any other than fire purposes
except with the approval of the Division of Water.
[Amended 11-24-1997 by Ord. No. 97-17]
When, in the judgment of the Division of Water,
it is practical, private fire service mains may be allowed, for which
a flat rate or meter rate, at the option of the Division of Water,
will be charged, subject to special contract and special rules and
regulations governing such service.
A.
All pipes, meters and fixtures shall be subject to
inspection at all reasonable hours by employees of the Division of
Water, identified by proper badges.
[Amended 11-24-1997 by Ord. No. 97-17]
B.
No plumber, owner or other unauthorized person shall
turn the water on or off at any corporation stop or curb stop, or
disconnect or remove the meter, without the consent of the Division
of Water.
[Amended 11-24-1997 by Ord. No. 97-17]
C.
No agent or employee of the Division of Water shall
have authority to bind the Borough by any promise, agreement or representation
not provided for in these rules.
[Amended 11-24-1997 by Ord. No. 97-17]
D.
The Water Committee of the Borough Council and the
Borough Counsel reserve the right to change, take from or add to the
foregoing rules and regulations. A copy thereof will be delivered
to each customer upon request.
E.
The Borough of Clementon Division of Water assumes
no responsibility and shall not be accountable for any damage which
may result from leaks, burst pipes, sand or from any other cause in
the houses or apartments.
[Added 7-18-1966 by Ord. No. 66-11; amended 11-24-1997 by Ord. No. 97-17]
[Amended 5-15-1962 by Ord. No. 5-62; 7-18-1966 by Ord. No. 66-11; 3-17-1969 by Ord. No. 69-2; 3-15-1971 by Ord. No. 71-5]
Metered rates.
A.
Residential.
[Amended 3-20-1978 by Ord. No. 78-1; 3-24-1980 by Ord. No. 80-3; 3-25-1985 by Ord. No. 85-3; 4-22-1985 by Ord. No. 85-5; 2-27-1989 by Ord. No. 89-3; 3-25-1991 by Ord. No. 91-7[1]; 4-8-2008 by Ord. No. 2008-05; 4-14-2009 by Ord. No.
2009-06; 11-24-2009 by Ord. No. 2009-26; 4-3-2012 by Ord. No.
2012-07]
|
First:
|
Minimum rate, including first 15,000 gallons,
billed on a quarterly basis
|
$226
| |
|
Next:
|
For each 1,000 gallons in excess of the first
15,000 gallons, billed semi-annually
|
$4
|
[1]
Editor's Note: This ordinance also provided
for the rates herein to be retroactive to 9-16-1990.
B.
Commercial.
[Amended 9-24-1973 by Ord. No. 73-18; 3-20-1978 by Ord. No. 78-1; 3-24-1980 by Ord. No. 80-3; 3-25-1985 by Ord. No. 85-3; 4-22-1985 by Ord. No. 85-5; 2-27-1989 by Ord. No. 89-3; 3-25-1991 by Ord. No. 91-7[2]]
(1)
Commercial, industrial or wholesale semiannual service
rate.
[Amended 4-8-2008 by Ord. No. 2008-05; 4-14-2009 by Ord. No.
2009-06; 6-18-2013 by Ord. No. 2013-09]
|
First:
|
Minimum rate, including first 15,000 gallons,
billed on a quarterly basis
|
$226
| |
|
Next:
|
For each 1,000 gallons in excess of the first
15,000 gallons, billed semiannually
|
$4
|
(2)
Each commercial and professional building shall have
a minimum annual water service rate of $128 per office unit, billed
quarterly, which shall include 15,000 gallons of water per unit, with
excess water usage to be billed for at commercial rates herein stated.
[2]
Editor's Note: This ordinance also provided
for the rates herein to be retroactive to 9-16-1990.
C.
Multifamily apartment development.
[Amended 9-24-1973 by Ord. No. 73-18; 3-20-1978 by Ord. No. 78-1; 3-24-1980 by Ord. No. 80-3; 3-25-1985 by Ord. No. 85-3; 4-22-1985 by Ord. No. 85-5; 2-27-1989 by Ord. No. 89-3; 3-25-1991 by Ord. No. 91-7[3]; 4-8-2008 by Ord. No. 2008-05; 4-14-2009 by Ord. No.
2009-06; 6-18-2013 by Ord. No. 2013-09]
(1)
Multifamily apartment development service rate; annual
charge. Each apartment within a multifamily apartment development
of six or more units shall have a minimum annual water service rate
of $226, billed quarterly, which shall include 15,000 gallons of water
per unit.
|
Next:
|
20,000 gallons, per 1,000 gallons, billed semiannually
|
$4
| |
|
Next:
|
150,000 gallons, per 1,000 gallons, billed semiannually
|
$3
| |
|
Next:
|
300,000 gallons, per 1,000 gallons, billed semiannually
|
$2.75
| |
|
Next:
|
500,000 gallons, per 1,000 gallons, billed semiannually
|
$2.50
| |
|
Next:
|
1,000,000 gallons or over, per 1,000 gallons,
billed semiannually
|
$1.75
|
(2)
Each condominium or townhouse shall have a minimum
annual water service rate of $226 per unit, billed quarterly, which
shall include 15,000 gallons of water, with excess water usage to
be billed at residential rates herein stated.
[3]
Editor's Note: This ordinance also provided
for the rates herein to be retroactive to 9-16-1990.
D.
Billing rates. Billings for minimum water service
shall be rendered quarterly and shall be paid three months in advance.
The billings for excess usage shall continue on a semiannual basis,
however, they shall coincide with the new quarterly billing cycle.
[Amended 3-25-1991 by Ord. No. 91-7]
E.
Interest at the rate of 8% per annum will be charged
on all delinquent bills. Bills will be considered delinquent on the
11th day after the forwarding of said bill by the Borough of Clementon.
If after the termination of 11 days any bill is not paid, the water
may be turned off without any further notice, and a service charge
of $30 may be added to the amount of the delinquent bill which must
be paid before the water will be turned on again.
[4]
Editor's Note: This ordinance also provided
that the rates provided for herein shall be retroactive to October
1, 1977.
F.
The cost for a new service connection to the water
mains of the Borough of Clementon Division of Water shall be $1,400
per connection within the Borough of Clementon and $1,500 per connection
outside the Borough of Clementon, plus street opening fees, if charged.
All condominiums, townhouses and apartment buildings shall be charged
a new service connection fee at the rate of $1,200 per unit.
[Amended 9-24-1973 by Ord. No. 73-18; 2-24-1975 by Ord. No. 75-1; 11-26-1979 by Ord. No.
79-6; 12-27-1995 by Ord. No. 95-13; 11-24-1997 by Ord. No. 97-17; 4-8-2008 by Ord. No. 2008-05]
G.
All lateral or service pipes from the curb stop to
the houses or apartments shall be kept in good repair and protected
from frost at the expense of the applicant or consumer. A minimum
service charge of $50 will be made for all pipe defrosting between
the curbline and the premises done by the Borough of Clementon.
[Amended 3-20-1978 by Ord. No. 78-1[5]]
[5]
Editor's Note: This ordinance also provided
that the rates provided for herein shall be retroactive to October
1, 1977.
H.
Discontinuing service.
[Amended 9-24-1973 by Ord. No. 7318; 3-20-1978 by Ord. No. 78-1[6]; 3-24-1997 by Ord. No. 97-6; 11-24-1997 by Ord. No.
97-17; 8-24-1981 by Ord. No. 81-9; 4-8-2008 by Ord. No. 2008-05]
(1)
When water service has been discontinued for any reason,
service shall not be restored until the defects have been remedied
and until the bills due and a fee of $30 during normal business hours
or $75 at all other times to cover the costs of turning the water
on and off have been paid. Furthermore, the owner shall be liable
for any loss sustained by the Division of Water as a result of a violation
of its regulations.
(2)
An owner of real property or his agent may request
that water service be discontinued and/or restored. A charge of $30
shall be paid to the Division when water service is either discontinued
or restored.
(3)
When there is no request for a discontinuance of service
but there has been a change in ownership and/or occupancy of the property,
then the old or outgoing owner and/or occupant shall pay an administrative
charge of $15, and the new or incoming owner and/or occupant shall
pay an administrative charge of $15, all payments to be made as set
forth in this chapter.
[6]
Editor's Note: This ordinance also provided
that the rates provided for herein shall be retroactive to October
1, 1977.
[Added 11-24-2009 by Ord. No. 2009-26]
A.
The
minimum annual rate, including the first 15,000 gallons for senior
citizens, disabled persons, and veterans, is $184.
[Amended 4-3-2012 by Ord. No. 2012-07]
B.
Eligibility
criteria are based upon submission and approval of required documentation
for property tax relief programs in the Borough of Clementon. Applicants
must meet one of the following requirements:
(1)
Senior citizens, age 65 or older, with an annual income less than
$10,000, not including social security benefits.
(2)
Permanently disabled persons of any age, with an annual income less
than $10,000, not including social security benefits.
(3)
Veterans of any age having served during the specific wars referenced
on the claim form for property tax exemption on dwelling house of
disabled veteran or surviving spouse/surviving civil union partner/surviving
domestic partner of disabled or service person.
(4)
Veterans permanently disabled due to a war injury.
[Amended 3-20-1978 by Ord. No. 78-11; 4-8-2008 by Ord. No.
2008-05]
A.
Fire hydrant charge. The fire hydrant charge shall
be $175 per year, which shall be paid in advance by semiannual payments
of $87.50.
[Amended 4-23-1990 by Ord. No. 90-8; 4-8-2008 by Ord. No.
2008-05]
[Amended 7-17-1967 by Ord. No. 67-17; 11-22-1976 by Ord. No. 76-15]
A.
All extensions of the present water system, which
shall include the laying, constructing or placing of mains, fittings
or other connections, shall be done in accordance with N.J.S.A. 40:56-1
et seq. In the event that any individual, firm or corporation hereafter
desires to lay and construct any extension of the water system within
the bounds of the Borough of Clementon or outside of the Borough of
Clementon, the Borough Council of the Borough of Clementon may give
consent thereto. Those extensions of lines up to one inch in diameter
shall be done by the Division at the cost and expense of the person,
firm or corporation desiring the same, after a deposit has been made
to the Division of Water equivalent to the estimated cost of such
extension as compiled by the Borough Council or its agent. Such cost
shall include all expenses of materials, labor and supervision and
any expenses incurred in restoring the road or street to its original
condition or any other expense incidental thereto.
[Amended 11-24-1997 by Ord. No. 97-17]
B.
All line extensions greater than one inch in diameter
must be constructed by the party desiring said extension. Prior to
the construction, consent must be obtained from the Borough Council.
The construction must be performed by a duly authorized and licensed
plumbing contractor in accordance with standards established by the
Division of Water of the Borough.
[Amended 11-24-1997 by Ord. No. 97-17]
C.
Prior to any such private construction, the plumbing
contractor must notify the Borough 48 hours prior to the commencement
of work in order to allow time for a representative of the Division
of Water to be present for inspections while the work is proceeding.
[Amended 11-24-1997 by Ord. No. 97-17]
D.
A road opening permit must be obtained at the expense
of either the contractor or the person requiring the extension. After
the making of any such opening or excavation, the street or road pavement
or surface must be restored to its original condition.
[Added 11-22-1976 by Ord. No. 76-15]
A.
"Water service" is hereby defined as the tapping of
a Borough water distribution main and the laying of pipe from the
main to an intended customer for the purpose of supplying water. Said
definition includes not only an individual water service but also
any water mains installed by contractors in any apartment, housing
or condominium development.
B.
All water services installed by a private contractor
shall be disinfected in order to prevent bacterial contamination of
the water supply.
C.
The disinfecting of the water service shall be accomplished
by means of chlorine or a chlorine compound. If a chlorine compound
is used, it must have a free available chlorine strength of at least
70%. No other means of disinfecting will be allowed.
D.
The levels of disinfection strengths shall be the
same as those published in the New Jersey Potable Water Standards.
They are based on disinfection strength vs. the elapsed time the disinfecting
agent has been in the water service, and are as follows:
E.
When the contractor proposes to disinfect a water system, the Division of Water of the Borough of Clementon must be already notified in order that a representative of the Division is available to measure the strength of the disinfection agent. If either the strength or the elapsed time is less than the standard as set forth in Subsection D or the contractor does not promptly notify the Division of Water, the Borough will not supply water to the service until proper disinfecting and testing.
[Amended 11-24-1997 by Ord. No. 97-17]
A.
The charge for tapping the main, including corporation
cock, will be set by the Water Committee of the Borough Council, which
sum must be paid when the application therefor is made.
B.
When service is discontinued due to lack of occupancy,
nonpayment of bills or violation of the Borough rules, charges will
be made as follows:
(1)
For turning off and turning on the water at the curb:
$20.
(2)
When water is turned off at the main involving excavation
in a public street, in a graveled street: $50 plus costs of labor
and materials; in a paved street: the full cost thereof.
[1]
Editor's Note: This ordinance also provided
that the rates provided for in this subsection shall be retroactive
to October 1, 1977.
A.
Water bills shall be due and payable on the receipt
thereof at the schedule rates herein set forth.
B.
If a bill remains unpaid for a period of 30 days from
the mailing of said bill, water service may be discontinued without
further notice.
[Amended 9-24-1973 by Ord. No. 73-18]
C.
When the water is turned off under such conditions,
it will remain off until the amount owing is paid in full or until
satisfactory arrangements for payment have been made.
D.
The charge for changing meters when a meter is removed
for repairs for which the customer is responsible will be $30, plus
cost of materials.
[Amended 3-20-1978 by Ord. No. 78-1[1]]
[1]
Editor's Note: This ordinance also provided
that the rates provided for in this subsection shall be retroactive
to October 1, 1977.
E.
Where the water has been turned off for nonpayment
of water charges or for the violation of any provisions of this article,
it shall not be turned on again without the direction of the Water
Committee of the Borough Council and until all expenses attending
the turning off and turning on of the water, together with the charges
accrued, shall have been paid. If it is found that the water has been
turned on again without compliance with these requirements, the Water
Committee of the Borough Council may cause the service connection
to be removed, and it shall not be restored until the provisions of
this article have been fully complied with and until all back charges
and expenses have been paid and direction issued by the Water Committee
of the Borough Council for turning on said water.
F.
All bills for furnishing any service pipe, curb stop
or other fixtures and all bills for service rendered by the Borough
employees in the repairing or replacing of meters, service pipes,
corporation curb stops or other fixtures shall be payable when said
materials are furnished and upon completion of the service rendered
and before the water shall be turned on.
G.
The owner of any house, tenement, building or lot
shall be liable for the payment of the charges hereby fixed for the
use of the water by said owner or by the occupant of such premises,
and such charge shall be a lien upon such house, tenement, lot or
premises until the same shall be paid and satisfied; and, in case
prompt payment of any water charges shall not be made when the same
become due, the water shall be shut off from such building, place
or premises and shall not be again supplied until arrears, with interest
thereon, shall be fully paid; and the Water Committee of the Borough
Council may also take the proceedings authorized by law for the enforcement
of said water charge as a lien upon said house, tenement and lot or
other premises by a sale of said premises in the manner provided by
law; and, in addition to the remedies herein provided, the Water Committee
of the Borough Council may take such other measures for the collection
of said water charges as are authorized by law.
[Amended 3-20-1978 by Ord. No. 78-1[1]]
In addition to the remedies and penalties hereinbefore
prescribed for the enforcement of this article and the punishment
of any violation thereof, any person, persons, firm or corporation
who shall violate any of the provisions of this article shall, upon
conviction thereof, be liable to a fine of not exceeding $500 or to
imprisonment in the county jail of Camden County for a period of not
exceeding 30 days, or both, in the discretion of the Magistrate before
whom said proceedings shall be taken.
[1]
Editor's Note: This ordinance also provided
that the rates provided for in this section shall be retroactive to
October 1, 1977.
[Added 10-16-1962 by Ord. No. 9-62]
A.
From this date forward, all persons, firms, partnerships
or corporations outside of the Borough of Clementon who will henceforth
connect to the Clementon Borough water system, whether as a new construction
user or otherwise, shall be required to deposit with the Borough of
Clementon Division of Water the total sum of $50, which will be held
by the Borough in a separate account designated as the water deposit
escrow account until such time as the service is terminated by reason
of sale of the premises or otherwise, at which time, after a search
of the records reveals there is nothing due to the Borough of Clementon
Division of Water for services rendered, the $50 will be refunded
to the depositor.
[Amended 11-24-1997 by Ord. No. 97-17]
B.
The deposit of $50 is refundable to the consumer,
provided that payment for six consecutive billings has been made when
due and payable. Any person, firm, partnership or corporation who
or which has made payment of six consecutive billings when due and
payable, when such consumer is not within the confines of the Borough
of Clementon, shall not be required to make a deposit of $50 on moving
to another location and continuing to be a consumer of water provided
by the Borough of Clementon.
[Added 7-19-1965 by Ord. No. 65-8]
C.
Each apartment unit in a multiple-apartment complex
consisting of six or more apartments shall pay a minimum of $30 annually
for its water supply.
[Added 9-18-1967 by Ord. No. 67-18; amended 2-24-1975 by Ord. No. 75-1]
[Added 9-24-1963 by Ord. No. 63-7]
All dwelling houses, commercial buildings or
any other type of building utilizing water shall immediately be compelled
to connect with the water system of the Borough of Clementon and shall
not use any private well, pump or other means for the furnishing of
water to any premises. The Borough Council may by resolution adopted
for that purpose permit the owner of any building or premises to construct
and maintain wells, pumps or other equipment for the furnishing of
water for the purpose of air conditioning, fire protection or irrigation.
[Adopted 9-25-1989 by Ord. No. 89-17]
Upon the finding by the governing body that a water emergency exists within the Borough of Clementon, said governing body may adopt a resolution declaring such a fact and the reasons therefor. Said resolution shall identify that portion or portions of the municipality affected by the water emergency. Furthermore, the resolution shall specify the applicable water use restrictions, set forth in § 290-21 of this article. The resolution shall become effective upon the adoption thereof and shall continue in effect for a period of 90 days, unless extended, repealed or otherwise modified as set forth in § 290-22 of this article. A water emergency exists if:
A.
The public utility providing water service to all
or a portion of the municipality has adopted water use restrictions,
has notified the Borough of Clementon, New Jersey Board of Public
Utilities and the New Jersey Department of Environmental Protection,
as well as any other state, county or local agency entitled to notice
of such restrictions, and such restrictions are not overruled or declared
invalid by any state, county or local agency having the jurisdiction
and power to do so; or
B.
The governing body is otherwise satisfied that a water
emergency exists in the municipality.
[Amended 5-22-1995 by Ord. No. 95-3]
In the event that the governing body declares a water emergency in accordance with § 290-20 of this article, all citizens shall be urged to observe voluntary indoor conservation measures and shall comply with the following water use restrictions as set forth in the resolution of the governing body pursuant to § 290-20 hereof:
A.
The complete ban and prohibition of outside water
usage, including but not limited to the watering of lawns and plants,
filling of pools, washing of cars and washing of streets, driveways,
sidewalks or other paved areas.
B.
The serving of water in restaurants, clubs or eating
places unless specifically requested by a patron.
C.
The use of water for flushing sewers by the municipality
or any public or private entity except as deemed necessary and approved
in the interest of public health or safety by municipal health officials.
D.
The use of fire hydrants by a fire company for Fire
Department drills or tests, except as deemed necessary in the interest
of public safety and upon specific approval by the governing body.
E.
The use of fire hydrants by the municipal road department,
contractors and all others, except as necessary for fire-fighting
or protection purposes.
F.
All outdoor recreational activity.
G.
Outside water usage on alternate days by persons,
firms, establishments or businesses with even-numbered addresses on
even-numbered days and those having odd-numbered addresses on odd-numbered
days with outside water usage being completely banned and prohibited
on the 31st day of any month during the water emergency.
The resolution of the governing body as required by § 290-20 of this article shall provide a period of time during which the water use restrictions shall be applicable, said restrictions being no longer than reasonably necessary to abate the water emergency. At the expiration of the time period specified in the resolution, the water use restrictions shall lapse. In the event that the governing body is satisfied that the water emergency has been abated prior to the expiration of the time set forth in the resolution, the governing body may adopt a resolution declaring that the water emergency has ended. On the other hand, if, at the expiration of the time period specified in the resolution, the governing body is satisfied that the emergency continues to exist, it may adopt a resolution, in accordance with the requirements of this article, continuing the water use restrictions.
The water use restrictions imposed pursuant to this article shall be enforced by any local authorized official. The resolution adopting the water emergency in accordance with § 290-20 of this article shall specify the enforcement officials which may be the members of the Borough Police Department or other authorized Borough employees. Whenever a local authorized official shall find a violation of the water use restrictions, said official shall give the violator a written warning for a first offense and explain to the violator the penalty section in this article for any additional offenses. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining those who have been issued a warning for first offense. The local authorized officials are hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.
After the warning for a first offense as set forth in § 290-23 of this article, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof before the Municipal Court of the Borough, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Judge before whom such defendant shall be convicted. A separate offense may be deem committed on each day during or on which a violation occurs or continues.
