[HISTORY: Adopted by the Town Council of
the Town of Dagsboro 2-28-2005 by Ord. No. 76. Amendments noted where
applicable.]
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:
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.
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.
The Consulting Engineer or its authorized agent or representative
of the Town of Dagsboro.
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.
The base rate charged to a customer for the availability
of water to a property.
A space in which one family may reside, including detached,
semidetached, attached, and multiple units.
"May" is a permissive word.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
When used alone shall mean these regulations, subsequent
amendments, or any emergency rule or regulation which the Town may
lawfully adopt.[1]
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.
Any natural individual, firm, partnership, company, association,
society, corporation, organization, or any other group acting as a
unit.
Water which is satisfactory for drinking, culinary and domestic
purposes, and meets the requirements of the Health Authority having
jurisdiction.
"Shall" is a mandatory term.
Those specifications established and/or adopted by Town Council.
The Town of Dagsboro or its designee.
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.
The rate for usage of water over the base rate/customer service
charge.
A water supply pipe for public use.
The pipe from the water main or other source of potable water
supply to the water distribution system of the building or unit served.
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.
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.
K.
The water
meter installation fee on the schedule listing shall be changed to
the prevailing cost of a water meter at the time of installation.
[Added 6-19-2023]
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.
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.
