Town of Dagsboro, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Dagsboro 2-28-2005 by Ord. No. 76. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
Impact fees — See Ch. 130.
Subdivision of land — See Ch. 238.
Zoning — See Ch. 275.
The water collection, treatment and distribution system owned and operated by the Town of Dagsboro shall be known collectively as "Town of Dagsboro Water Utility." The operation and management of this utility shall be under the control of the Town Council who shall direct the construction of additions thereto and the maintenance thereof and, in all cases not particularly provided for by this chapter or other ordinances of the Town, shall determine in what manner and upon what terms water may be taken from the water utility, any property owner or water consumer and the character of the connections and appliances which may be made or used therefor.
The following definitions shall apply under this chapter concerning water service:
BUILDING
A structure built, erected and framed of component structural parts, designed for the housing, shelter, enclosure or support of persons, animals or property of any kind.
CROSS-CONNECTION
Any connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other water of unknown or questionable safety, whereby water may flow from one system to the other.
CONSULTING ENGINEER
The Consulting Engineer or its authorized agent or representative of the Town of Dagsboro.
CUSTOMER
Any person being supplied with water service by the Town. Unless otherwise agreed to in writing by the Town, the customer shall in all cases be the record title owner of the property receiving water.
CUSTOMER SERVICE CHARGE
The base rate charged to a customer for the availability of water to a property.
DWELLING UNIT
A space in which one family may reside, including detached, semidetached, attached, and multiple units.
MAY
"May" is a permissive word.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
ORDINANCE
When used alone shall mean these regulations, subsequent amendments, or any emergency rule or regulation which the Town may lawfully adopt.[1]
OWNER
The record title owner of the property receiving water. The term "owner" shall be deemed to include persons who own property as tenants by the entirety, tenants in common, or joint tenants in addition to other natural persons, firms, companies and corporations.
PERSON
Any natural individual, firm, partnership, company, association, society, corporation, organization, or any other group acting as a unit.
POTABLE WATER
Water which is satisfactory for drinking, culinary and domestic purposes, and meets the requirements of the Health Authority having jurisdiction.
SHALL
"Shall" is a mandatory term.
SPECIFICATIONS
Those specifications established and/or adopted by Town Council.
TOWN
The Town of Dagsboro or its designee.
TOWN OF DAGSBORO UTILITY SERVICE
Any connection to the water system, and shall include but is not limited to all requirements, service, irrigation only, fire protection only, and irrigation and fire protection only service.
WATER CHARGE
The rate for usage of water over the base rate/customer service charge.
WATER MAIN
A water supply pipe for public use.
WATER SERVICE PIPE
The pipe from the water main or other source of potable water supply to the water distribution system of the building or unit served.
WATER SYSTEM, TOWN WATER SYSTEM, WATER UTILITY, MUNICIPAL UTILITY SYSTEM, MUNICIPAL WATER UTILITY SYSTEM OR TOWN WATER UTILITY
The Town of Dagsboro Water Utility.
[1]
Editor's Note: Also, "this chapter."
A. 
The owner (or owners) of all dwelling units, houses or buildings, residential, commercial or industrial buildings or recreational structures, which have been improved with plumbing facilities and which are situated in an area served by the public water system of the Town of Dagsboro and abutting on any street, alley, easement or right-of-way in which there is now located a public water main of the Town is hereby required at the property owner's expense to install a suitable water supply system and to connect such system directly with the proper public water main in accordance with the provisions of this chapter within 30 days after the date of official notice to do so. Geothermal heating and/or cooling facilities shall not be connected to the Town public water system unless authorized by the Town Administrator.
[Amended 6-28-2010; 6-27-2011]
B. 
No person shall connect an independent water supply onto the municipal water utility system without the prior approval of the Town Council.
C. 
The Secretary of the Town Council, at the direction of the Town Council, shall send to the owner of each property required to be connected with the public water facilities of the Town a notice to proceed immediately to connect the property owned by him/her with the public water facilities. The notice required to be sent pursuant to this section shall be sent by first class mail.
D. 
If the owner fails to connect the property owned by him with the public water facilities in accordance with the notice sent pursuant to this section, the Town shall send the same notice by certified mail with return receipt requested to the last known address of the owner. If the owner fails to connect after this notice, the Town may proceed, after the expiration of the times established in this chapter, following the date of delivery of said notice, to have the required work done. All connections made by the Town pursuant to this section shall be at the sole expense of the owner and without any expense or liability on the part of the Town.
E. 
Following the completion of the work, the Town Clerk, at the direction of the Town Council, shall send by certified mail with return receipt requested to the last known address of the owner an itemized account of the cost for making the connection to the public water facilities. If said bill is not paid within 15 days following mailing thereof, the Town may proceed to institute an action in the name of the Town in any court of competent jurisdiction and thereupon to obtain judgment for the amount of such demand and to collect the same in the manner provided for the collection of judgments in the State of Delaware.
F. 
The provisions of this section requiring connection to the municipal water utility system shall not apply to private irrigation wells and private, closed-loop geothermal heating and air-conditioning wells not greater than four inches in diameter, provided that the landowner acquires well permits from the Town of Dagsboro and the Delaware Department of Natural Resources and Environmental Control, and further provided that the use of the well shall be exclusively for irrigation and heating and cooling and that the location and use of the well shall not cause unreasonable water runoff from the property nor cause ecological damage to the property, surrounding properties or to the aquifer into which the well is drilled.
[Added 12-15-2008]
A. 
No person, except as authorized by the Town in writing, shall take water from any public or private fire hydrant except for the use of a fire company in case of fire. No public fire hydrant shall be used for sprinkling streets, flushing sewers or gutters or for any other than fire purposes except with prior approval of the Town.
B. 
Upon request to relocate a lire hydrant, the Town will make such relocation at the cost of the party making the request, provided an approved new location is found.
C. 
Wrenches for fire hydrants shall be furnished by the Town or designee to such fire departments for the use of its members, and to such other persons as the Town may deem proper. It shall be unlawful for any person to whom a wrench is furnished to permit the same to be taken from his control, to use the same, or to permit the use of the same by any other persons or for other purpose other than that authorized by the provisions of this chapter.
D. 
It is agreed by the parties receiving public fire service, or any other service, that the Town does not assume any liability as in insurer of property or persons. While the Town will make every reasonable effort to maintain service, the Town does not guarantee any special service, pressure, capacity or facility other than permitted by the ordinary and changing operating conditions of the Town, as exist from day to day. It is agreed by the parties receiving service that the Town shall be free and exempt from any and all claims for injury to any persons or damage to any property by reason of fire, water, or failure to supply water pressure or capacity.
A. 
It shall be unlawful for any person to injure or in any way damage or interfere with property or appliances constituting or being a part of the water utility, or any fence, guardrail, box cover, or building, or other structure constructed or used to protect any part of the water utility.
B. 
It shall be unlawful for any person, unless authorized by this chapter, to trespass upon the water utility or the grounds upon which the same are constructed.
C. 
It shall be unlawful for any person to cast, place, pump or deposit in the water utility any substance or material which will in any manner injur or obstruct the same.
[Added 9-26-2011[1]]
All plumbing installed in any structure must be the subject of a previously acquired plumbing permit, unless the proposed work is exempt from the requirement of acquisition of a building permit. The plumbing work must be done in accordance with State of Delaware plumbing regulations, must be inspected by a State of Delaware-approved Plumbing Inspector, and must be in compliance with the requirements of § 270-8 of this chapter.
[1]
Editor’s Note: This ordinance also repealed former § 270-6, BOCA Plumbing Code adopted.
A. 
Permit required. Prior to connection, the owner or authorized agent must first obtain a permit from the Town. It shall be unlawful for unauthorized individuals to tap or connect to the Town of Dagsboro water distribution system without authorization. The owner of the property with an unauthorized connection shall be liable to the Town for all water use resulting from such connection and may be subject to criminal fines and penalties. All connections shall be approved and inspected by the Town Engineer. Upon connection, regular water service fees must be paid.
B. 
Plumber licensing required. Before any person shall engage in the business of installation, alteration or maintenance of any plumbing within the scope of this chapter, he shall obtain a proper license from the Town of Dagsboro. The license period shall be one year beginning January 1 and terminating December 31. To obtain a license from the Town, the person, firm or corporation shall:
(1) 
Show proof that he has been duly registered as a plumber by the State Board of Plumbing Examiners and that he is licensed to do business as a plumber in the State of Delaware.
(2) 
Obtain and deposit with the Town of Dagsboro a bond in an amount established by resolution conditioned that the person, firm or corporation engaged in the plumbing business will faithfully observe all the laws and regulations pertaining to that business and that the Town of Dagsboro shall be indemnified and saved harmless from all claims arising from accidents and damage of any character whatsoever caused by the negligence of such person, firm or corporation engaged in the plumbing business, or by any other unfaithful, inadequate work done either by themselves or their agents or employees and that such person, firm or corporation will maintain in a safe condition for a period of one year all ditches and excavations which may be opened in the performance of any plumbing work, and further that all dirt and other material excavated will be replaced in a good condition with similar materials. Any work within paved roads under the maintenance of the Town or state shall be repaved to existing conditions following excavations and installation and shall be guaranteed for a three-year period. The form of a bond shall be in a form acceptable to the Town.
(3) 
Produce a certificate that an insurance policy protects against claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under the work whether such work be done by applicant or by anyone directly or indirectly employed by him. The insurance should so state that the Town will be notified by the insurance company 10 days prior to the expiration of the insurance. Such insurance shall not be less than:
(a) 
Bodily injury liability insurance, in an amount not less than $3,000,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than $5,000,000 on account of any one accident.
(b) 
Property damage insurance in an amount not less than $1,000,000 for damages on account of any accident or for damages on account of all accidents.
C. 
Application for a permit shall be made in person on forms provided by the Town and shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Consulting Engineer of the Town and on application forms provided by the Town. The application shall be signed by the licensed plumber and the owner of the property to be connected. Any application made by an agent of the property owner shall identify the record title owner of the property for which water service is being sought and shall be accompanied by proof of the agent's authority to act for the property owner. If the property owner is a legal entity and not a natural person, the Town may require that it be provided with the name, place of residence, and telephone number of each person who is an officer, partner or owner of such legal entity. Applications for service must be approved by the Town before a connection is made or water furnished. Charges for new service installation shall be determined at the time of application. If the Town, or its authorized representative, is satisfied that the work described in the application and attached exhibits conform to the requirements of this chapter, and other pertinent laws and ordinances, it shall sign the application and in doing so grant a permit, which shall be a license to proceed with the work as detailed and specified on the application. When the application is approved and the permit granted, one set of the plans shall be returned to the applicant and be kept at the job while work is in progress and one set shall be retained by the Town as a permanent record.
D. 
The permit fee for each water service pipe connection to the public main shall be as stated in the permit.
E. 
Permanently abandoned wells shall be filled and sealed in accordance with the regulations of the State of Delaware Division of Natural Resources and Environmental Control.
F. 
The purchase price of all meters shall be provided by the property owners, and the meters shall remain the property of the Town. Replacement meters shall be furnished by the Town.
[Amended 1-26-2009]
G. 
The cost of increasing or decreasing the size of service shall be borne entirely by the applicant.
H. 
A separate and independent water service shall be provided by the Town for every user and use, including but not limited to every dwelling unit, building or property used for human occupancy, employment, recreation or for other purpose. A water service meter and/or water service pipe shall not service more than one:
(1) 
Dwelling unit whether detached, one of multiple units, one side of a double house, or a house in a row of houses, provided that a garage or other similar feature attached to the main dwelling home and incidental to the family life shall be considered as a portion of the dwelling.
(2) 
Any unit or building separated from an adjoining unit or building by party wall or walls except as specified in Subsection H(1).
I. 
Water shall only be supplied to the property listed on the permit, and the use of water shall be confined to the premises named on the permit. No property owner, whether with or without charge, shall supply another with water.
J. 
Service deposit. If, in the sole judgment of the Town, the service installation represents a speculative venture or excessive time may elapse between the actual installation and use of the service by the customer, a refundable deposit to cover the Town's investment may be required.
K. 
A request for service shall be made upon any change in the ownership of a property receiving water service from the Town. Upon such change in ownership, the Town shall have the right, upon 10 days' notice, to discontinue water service until such request has been made and approved by the Town. If water service has been discontinued by the Town at the request of the person or entity responsible for payment, a new request for service must be received and approved by the Town before service is restored.
L. 
Where renewal of service line from water main to curb valve is found to be necessary, the Town, at its cost, will renew said service in the same location. If the property owner or customer, for his or her own convenience, desires the renewal service line to be at some other location and pays all costs of such relocation in excess of the cost of renewing the service line at the existing location and costs of cutting off and disconnecting the old service line, the Town will renew the service line at the location desired. After abandonment of a water service line by an original property owner, a new owner must obtain the approval of the Town before incorporating the old service into new construction.
M. 
The water supply system of each property owner or owners shall be designed, installed and maintained by the property owner or owners in a manner that will prevent the contamination of the water supply.
N. 
The Town shall, in its sole judgment, review and approve the size and type of mains to be installed, either off site or on site, for any structure or development. The Town shall make all connections to its mains, and furnish, install and maintain all service lines from the main to and including the meter pit. The Town shall determine the size and type of service line which runs from the main to the meter pit. Service lines will be separate and independent lines from the main line to the meter pit valve and will connect into the customer's internal plumbing facilities.
O. 
The connection of the water service pipe and the size, alignment and materials of construction of the water service pipe, and the methods to be used in excavating, placing of pipe, jointing, testing, and backfilling the trench shall all conform with the requirements set forth in the specifications established by the Town and available upon request.
P. 
Each property owner shall apply for the water service pipe permit and shall notify the Town when the water service pipe is ready for inspection and connection to the public main. The connection shall be made under the supervision of the Town or its authorized representative.
Q. 
All excavations for water service pipe installations shall be adequately guarded with barricades and lights at night so as to protect the public from the hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.
R. 
Customers desiring water service for standby or to supplement their present water supply shall make application for service. Physical separation shall be maintained so that the Town's supply will be protected and to comply with regulations of the Board of Health and Social Services and Delaware Public Service Commission. After Town approval of the pipes and appurtenances, a request for metered water service shall be made.
S. 
All connections, service lines and fixtures furnished by the owner or customer shall be maintained by the owner or customer in good order and repair. Meters and equipment furnished and owned by the Town shall be protected by the customer. Any leak in the service or any other pipe or fixture in or on the customer's property shall be promptly repaired by the customer at the customer's expense.
The Town Council shall designate an official who may, from time to time, examine and inspect the premises where water from the water utility is used in order to ascertain the nature, character and extent of such water use and the condition of the water pipes, fixtures and appliances, and to determine if water is being wasted.
A. 
All plumbing work installed under the scope of this chapter shall be inspected to insure compliance with the ordinance and to assure that the installation is in accordance with the approved plans and the permit. It shall be the duty of the installing plumber to give reasonable advance notice to the Town when plumbing work is ready for inspection and testing, at least 24 hours in advance of the requested inspection with no inspection to be scheduled after 3:00 p.m. Prior to inspection and testing, the service water pipe shall not be connected to the water meter house connection. The equipment, material, and labor necessary for the inspection and the test, except the water meter, shall be furnished by the installing plumber. The plumbing shall not be covered until it has been inspected, tested and approved, and it shall be uncovered upon direction.
B. 
Upon the satisfactory completion and final test of the plumbing, a notice of compliance will be issued to the owner by the Town.
C. 
The Consulting Engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter.
D. 
The Consulting Engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the waterworks lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A. 
Water service to any property may be discontinued (shut off) by the Town upon three business days' notice, served upon the occupant of the property by first class mail, in person, or by posting on the property, and notice shall be given to the owner, or his authorized agent, by first class mail to the last known address prior to termination, for any of the following causes:
(1) 
Use of water for any purpose other than that described in the permit.
(2) 
For tampering with or damaging any service pipes, seals, or any other property of the Town.
(3) 
Refusal of reasonable access to the property for the purpose of inspections, meter reading, and maintenance by the Town or its authorized representative.
(4) 
For making, or refusing to sever, any cross-connections between a pipe or fixture carrying water furnished by the Town and a pipe or fixture carrying water from any other structure.
(5) 
For the nonpayment of water service, charges, fines or penalties or any of them.
(6) 
For extending water pipes to other buildings without obtaining a proper permit.
(7) 
Failure to correct piping and fixtures in a water distribution system that could allow contamination of the water source.
(8) 
Violation or noncompliance with Town rules and rates or violation of a governmental regulation governing water service.
(9) 
Failure of a customer to fulfill his contractual obligations for service or facilities.
(10) 
Refusal of the customer to permit the Town to obtain an actual meter reading after a maximum of three consecutive estimated readings.
(11) 
Refusal of the customer to allow installation of meter and/or remote meter-reading device on the building exterior, or at a location that is both convenient and accessible to the Town.
B. 
Service may be discontinued without notice only in the following events:
(1) 
When there is an unavoidable interruption in the source of supply or other emergency.
(2) 
Tampering with the meter or equipment owned or furnished by the Town.
(3) 
Unauthorized use of service or resale of water.
(4) 
Willful waste of water through improper or imperfect pipes, fixtures, or other causes.
(5) 
When a property has been vacated without prior notice to the Town.
(6) 
For the making of alterations, repairs or inspections of water mains or pipes.
(7) 
In case of emergency such as fire, contamination or any other emergency.
C. 
An owner shall give the Town, or its designee, three business days' notice prior to discontinuance in order to discontinue (shut off) service. All agreements covering service for water shall continue in force until such notice is given. In the event the premises are in the possession of a tenant and such fact, including proper name and mailing address, is known to the Town, such shutoff shall not be made until the Town has given three days' written notice to the tenant of the owner's order to discontinue service. If the service is to a dwelling unit, the landlord shall not discontinue water service as part of a landlord-tenant dispute or eviction process until the matter is resolved by court order or other resolution in writing signed by the parties.
D. 
The Town shall not be liable for any damage to property or for any inconvenience, loss or casualty suffered by the residents of the property due to discontinuance of service. Service may be discontinued for any of the reasons cited in Subsection A and not restored until the cause for discontinuance has been fully corrected to the satisfaction of the Town.
E. 
When the Town discontinues or terminates water service for any reason, it does so without liability to any owner or occupant as may own or occupy the building to which such connection is made.
F. 
No customer shall be entitled to recover damages, or to have any portion of the water charges refunded for any stoppage of water service.
G. 
Service will not be discontinued for any of the reasons listed in this section (except under emergency or hazardous conditions) when life-sustaining medical equipment is known to be in use or when a medical emergency exists at the premises, or if a bona fide dispute concerning a service bill exists. Discontinuation will be postponed for a reasonable time (not more than 120 days) if the customer provides a signed certificate from a licensed physician, accredited Christian Science practitioner, or public health agency stating that discontinuation of water service will aggravate a serious medical condition of the customer or any permanent resident of the premises. Signed statements may be renewed by means of a new signed statement to prevent termination. This certificate is required to assist the Town in determining whether the person named as the subject of this certification qualifies for special treatment, as provided by Delaware law, relating to the provision of water service. The certificate does not excuse customers from the obligation to pay for services rendered, nor does it create an obligation for a physician or Christian Science practitioner to renew or recertify signed statements.
Any customer who has had water shut off for nonpayment of a bill, service charge, violation of this chapter, failure to repair leaks, or failure to comply with the request of curtailment during a water emergency, in addition to any other fees, monies owed, deposits or fines, shall pay a reconnection fee as established by resolution before service is reinstated.
Customers may designate in writing a second party to be notified prior to discontinuation of service for nonpayment, provided the named second party has agreed in writing to accept such notice. In such cases, the Town will not discontinue service less than three days after giving verbal or written notice to the second party of its intent to discontinue service. The person accepting second-party status does not incur any obligation whatsoever to the Town.
The Town shall have the right to reserve a sufficient supply of water to provide for fire and other emergencies and may restrict or regulate the quantity of water used by the customer whenever, in the Town's opinion, the public welfare may so require.
Residential swimming pools may be filled from house services. Larger community pools may be supplied with a separate water service and meter, such meter to be installed in a meter pit or heated building. Separate water service for swimming pools will be billed monthly or quarterly according to size of meter.
The Mayor may declare by executive order, or the Town Council may declare by resolution or motion, a state of water emergency when it appears to the Mayor or the Town Council that the Town's water sources are incapable of producing sufficient water to meet all the needs of the Town's water users.
A. 
During a declared water emergency, water service may be interrupted in any or all parts of the Town in order to effect repairs, provide water for fire fighting, or for any other good cause. Upon the expiration of the emergency, water service shall be restored without charge.
B. 
Upon such a declaration, and for the duration of the stated water emergency, it shall be unlawful to use the Town of Dagsboro municipal water supply water for outside irrigation, watering, or sprinkler uses except as may otherwise be provided.
C. 
The declaration of a state of water emergency shall specify outside watering and irrigation schedules and may specify other water conservation measures appropriate to the circumstances of the emergency.
A. 
In order to conserve water, the Town may restrict: 1) mechanical irrigation of lawns, shrubbery and trees; 2) washing of vehicles or boats; 3) washing of paved areas; (4) filling of swimming pools; 5) unattended irrigation by garden hose; and 6) operation of ornamental fountains, pools and ponds (collectively, the "regulated activities"). The Town shall allow or restrict the regulated activities in accordance with the following rules:
Phase 1:
Unregulated water usage permitted
Phase 2:
Regulated activities permitted only between the hours of 6:00 a.m. to 9:00 am. and 6:00 p.m. to 9:00 p.m. each day
Phase 3:
Regulated activities permitted between the hours of 6:00 a.m. to 9:00 a.m. on alternate days based on the customer's street address. Those having even-numbered street addresses will be allowed regulated activities on even-numbered days, and those customers having odd-numbered street addresses will be permitted regulated activities on odd-numbered days
Phase 4:
Regulated activities prohibited at all times
B. 
The Town shall furnish public notice of the implementation or removal of any restriction imposed under this section by press release, newspaper advertisement and such other media as may be appropriate under the circumstance.
A. 
The Town shall send a monthly billing statement in accordance with a resolution of the Town Council of Dagsboro to amend water rates and charges, as amended, to all water service customers identified in § 270-3A. The Town shall send a monthly billing statement in accordance with the aforesaid resolution to all such property owners who have not installed a water meter or who have not connected to the municipal water system. Customer service charges and water charges will be billed in arrears. Interest at the rate of 1 1/2% per month, which is an annual rate of 18%, shall be assessed against any outstanding balance which remains more than 25 days after billing date. An account is due and payable from billing date of the quarterly statement.
[Amended 6-28-2010; 6-27-2011]
B. 
All the rates and charges specified in this chapter shall he paid by the owner of the premises on which the water is used. All such water rates and charges from the time such shall be due and chargeable shall become and remain a lien upon the premises until such rates and charges shall be paid. Water rates and charges may be collected against any owner by suit, such action to be in the name of the Town in any court having jurisdiction thereof and to be prosecuted as an action at law personally against such owner or by suit in equity for the enforcement of such lien. Any lien for unpaid water rates and charges against any premises may also be collected as provided by the statutes of the Charter of the Town for the collection of taxes and other liens and assessments against real estate.
C. 
The minimum charge for a temporary service connection for construction or other purposes is the same as the customer service charge for a meter of the size installed on the temporary service connection. The minimum charge covers the same period as the customer service charge on which it is based, either one month or one quarter, and is rebilled if the temporary service connection remains in use after such period has elapsed.
D. 
The minimum charge (customer service charge) for temporary service is paid in arrears and does not include any allowance for water usage. No proration of the minimum charge will be made for temporary service connections that remain in use for less than the period covered by such charge. Where temporary service requires use from a hydrant, as determined in the sole discretion of the Town, there is a hook-up charge.
Rates, fees and charges shall be established by the Town Council of the Town of Dagsboro by resolution and may include, but are not limited to, the following:
A. 
Customer service charge.
B. 
Sprinkler rates.
C. 
Meter calibration fee.
D. 
Any user paying by check will pay an additional fee if the check is returned by the bank for any reason.
E. 
Connection and impact fees shall be as set by ordinance and resolution.
F. 
A service charge as established by resolution is hereby established for each connection or disconnection of water service. If a disconnection is made in accordance with this chapter because of nonpayment of water service charges or liens, a disconnect fee and a reconnect fee may be established by Town Council.
G. 
Permit fee.
H. 
Plumber bond.
I. 
Service deposit.
J. 
Hydrant hookup.
A. 
Any unauthorized water use from the Town constitutes a theft of service which is a specific offense under Delaware statute, 11 Delaware Code, §§ 841 and 845. Parties found taking water illegally may be prosecuted to the fullest extent permitted by law.
B. 
Whoever willfully makes any misrepresentation in any application or makes or maintains any connection with any water main contrary to the authority granted by permits issued therefor by the Town of Dagsboro, or without a permit therefor in accordance with the provisions of this chapter, is in violation of this chapter.
C. 
Any person violating any of the provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned by the Town by reason of such violation, including but not limited to, the Town's attorneys' fees and costs of prosecution.
D. 
Each day or part of a day that an offense occurs or continues shall be deemed to be a separate offense.
E. 
Fines and penalties for violations of this chapter shall be as set forth in Chapter 1, Article II, of this Code.
[Amended 2-24-2014]
F. 
The owner of property cited for illegal watering or irrigation under the regulations for water conservation shall be required to pay a penalty not less than $50 nor more than $500 and, if the allegations in the citation are not contested, may pay the penalty in lieu of trying the charges. Fines and/or penalties shall be paid to the Town of Dagsboro by cash or check to the Town's post office box, which shall be stated on all citations, or at the Town Hall. Unpaid, uncontested penalties may be debited against the municipal account of the cited party and will be subject to collection pursuant to Town water bill collection policies.
[Added 3-28-2011]
Notwithstanding the provisions of § 270-18, equitable relief may be sought to enforce the provisions of this chapter by the filing of a civil action in the Court of Chancery of the State of Delaware to initiate an injunction, mandamus, abatement or any other appropriate equitable action. Any person violating any of the provisions of this chapter against whom equitable relief has been successfully ordered shall become liable to the Town for any expense, loss or damage incurred by the Town, including, but not limited to, the Town's attorney's fees, Court costs and associated litigation filing fees.