[HISTORY: Adopted by the Borough Council
of the Borough of Jim Thorpe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-12-2002 by Ord. No. 2002-07]
A used in this article, the following terms
shall have the meaning indicated, unless a different meaning clearly
appears from the context:
The Borough of Jim Thorpe.
Extension from the water system of any structure to the lateral
of the main.
A separate dwelling, apartment, room or group of rooms, used
for separate dwelling purposes and equipped for the preparation of
food. In all cases, the determination of the Borough of Jim Thorpe
as to what constitutes a "separate dwelling unit" shall be final.
Any property within the Borough of Jim Thorpe upon which
there is erected a structure intended for continuous or periodic habitation,
occupancy or used by human beings or animals.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
Any person as defined above, owning, occupying, or using
any property served with water from the water system of the Borough
of Jim Thorpe.
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Borough of
Jim Thorpe owned by the Borough for maintenance, operation or use.
A.
The owner of any improved property abutting upon the
water system shall connect such improved property with and shall use
such water system in such manner as the Borough of Jim Thorpe may
require, within 90 days after notice to such owner from the Borough
of Jim Thorpe to make such connection; subject to such limitations
and restrictions as shall be established herein or otherwise shall
be established by the Borough of Jim Thorpe.
B.
The notice by the Borough of Jim Thorpe to make connection to a main referred to in Subsection A shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property.
A.
No person shall uncover, connect with, make any opening
into, use, alter or disturb, in any manner, any main or any part of
the water system without first obtaining a permit in writing from
the Borough of Jim Thorpe.
C.
No person shall make or shall cause to be made a connection
of any improved property to a main until such person fulfills each
of the following conditions:
(1)
Notify the Borough of Jim Thorpe of the desire and
intention to connect such improved property to a main;
(3)
Give the Borough of Jim Thorpe at least 24 hours'
notice before such connection will be made in order that the Borough
of Jim Thorpe may supervise and inspect or may cause to be supervised
and inspected the work of connection and necessary testing; and
(4)
If applicable, furnish satisfactory evidence to the
Borough of Jim Thorpe that any tapping (or connection) fee which may
be charged and imposed by the Borough against the owner of each improved
property who connects such improved property to remain has been paid.
D.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a main through a building main. Grouping or more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Borough of Jim Thorpe, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Borough of Jim Thorpe.
E.
All costs and expenses of construction of a building
main and all costs and expenses of connection of a building main to
a main shall be borne by the owner of the improved property to be
connected; and such owner shall indemnify and shall save harmless
the Borough of Jim Thorpe from all loss or damage that may be occasioned
directly or indirectly, as a result of construction of a building
main or of connection of a building main to a main.
F.
A building main shall be connected to a main at the
place designated by the Borough of Jim Thorpe and where, if applicable,
the lateral is provided. A smooth, neat joint shall be made and the
connection of a building main to the lateral shall be made secure
and watertight.
G.
If the owner of any improved property located within the Borough of Jim Thorpe and abutting upon the water system, subject to the exception provided for in § 431-2A, after 90 days' notice from the Borough of Jim Thorpe, in accordance with § 431-2A, shall fail to connect such improved property, the Borough of Jim Thorpe may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.
A.
Connection fee. A fee, which shall not exceed an amount
based upon the actual cost of the connection of the property extending
from the Borough of Jim Thorpe's main to the property line or curb
stop of the property so connected, is hereby authorized pursuant to
a resolution of the Borough Council. The Borough of Jim Thorpe may
also base such fee upon an average cost for previously installed connections
of similar type and size. In lieu of the payment of the fees, the
Borough of Jim Thorpe may require the construction and dedication
of those facilities by the property owner or owners requesting such
connection.
B.
Customer facilities fee. A fee, which shall not exceed
an amount based upon the actual cost of facilities serving the connected
property from the property line or curb stop to the proposed dwelling
or building to be served, is hereby authorized pursuant to a resolution
of the Borough Council. The fee shall be chargeable only in the event
that the Borough of Jim Thorpe and not the property owner or owners
installs the customer facilities. In lieu of the payment of the customer
facility fee, the Jim Thorpe Borough may require the construction
of those facilities by the property owner or owners requesting customer
facilities. The fee may include the cost of a water meter and installation
if the Borough of Jim Thorpe provides or installs the same.
A.
No building's main shall be covered until it has been
inspected and approved by the Borough of Jim Thorpe. If any part of
a building main is covered before so being inspected and approved,
it shall be uncovered for inspection, at the cost and expense of the
owner of the improved property to be connected to a main.
B.
Every building main of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
C.
Every excavation for a building main shall be guarded
adequately with barricades and lights to protect all persons from
damage and injury. Any street, sidewalk or other public property disturbed
in the course of installation of a building main shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to the Borough of Jim Thorpe.
D.
If any person shall fail or shall refuse, upon receipt
of a notice in writing of the Borough of Jim Thorpe to remedy any
unsatisfactory condition with respect to a building main within 60
days of receipt of such notice, the Borough of Jim Thorpe may refuse
to permit such person to be served by the water system until such
unsatisfactory condition shall have been remedied to the satisfaction
of the Borough of Jim Thorpe.
E.
The Borough of Jim Thorpe reserves the right to adopt,
from time to time, additional rules and regulations it shall deem
necessary and proper relating to connections with a main and with
the water system, which additional rules and regulations, to the extent
appropriate, shall be and shall be construed as part of this article.
Where two or more dwelling units or businesses
or professional offices or any combination thereof are supplied through
one meter, the minimum charge and gallons stated in each block will
be multiplied by the number of dwelling units, businesses or professional
offices supplied.
In the case of multifamily and multi-establishment
dwellings, each building or part thereof under separate ownership
shall require a separate meter. Upon the request of the owner of any
property to install separate meters for each set establishment or
dwelling in a multifamily or multi-establishment building, the number
of water meters requested by the owner, in excess of those supplied
by the Borough to measure the total amount of water supplied to the
building or part thereof under separate ownership, shall be furnished
by the Borough at the expense of the property owner. With the exception
of ordinary and routine installation and cost for the additional meters
required, all other costs of installation shall be at the expense
of the property owner. Upon installation, the additional meters requested
to be installed by the property owner shall become the property of
the Borough.
[Amended 7-9-2009 by Ord. No. 2009-3; 12-9-2010 by Ord. No.
2010-7]
A.
Any improved
property which is not metered shall pay a flat rate minimum charge
for water furnished by a flat rate per customer per quarter, in the
amount set by resolution of the Borough Council.
B.
In calendar year 2010, the Borough of Jim Thorpe required the replacement of manually read meters on all buildings within the Borough of Jim Thorpe receiving water service. The new meters are considered more accurate and will save time since they are remote-read meters. Any property which has not permitted the Borough of Jim Thorpe to replace its meter with a remote read meter shall pay an upcharge of $25 per month to manually read the old meter in addition to the minimum charge as set forth in § 431-9 below.
[Amended 12-11-2003 by Ord. No. 2003-07; 1-13-2005 by Ord. No. 2005-01; 12-22-2005 by Ord. No. 2005-08; 12-14-2006 by Ord. No. 2006-07; 12-13-2007 by Ord. No. 2007-7; 12-11-2008 by Ord. No. 2008-8; 12-9-2010 by Ord. No. 2010-7; 12-28-2011 by Ord. No.
2011-8
A.
The rates
charged by the Borough for water furnished by it to the public shall
be established by resolution of the Borough Council from time to time.
[Amended 12-11-2008 by Ord. No. 2008-8; 7-9-2009 by Ord. No.
2009-3; 12-28-2011 by Ord. No. 2011-8]
A.
Bills for water furnished for all purposes shall be rendered by the
Borough of Jim Thorpe as such times as determined by Borough Council.
Upon request of any user, the Borough of Jim Thorpe will remove the
water meter from his property and discontinue minimum charges thereon,
and will thereafter upon request and payment of the reconnection charge,
established pursuant to the resolution of the Borough Council, reinstall
the meter or a similar meter at the property and reestablish service.
B.
Usage, service and minimum charges shall be payable at the Municipal
Office on a net basis to and including the date shown on the bill
rendered. Thereafter, the gross bill shall become due and payable.
Failure to receive a bill shall not entitle an owner or user to an
extension of time for payment. Any owner or use whose account for
utility service is in arrears shall pay the gross amount of each bill
until all outstanding indebtedness is paid.
C.
If an employee of the Borough of Jim Thorpe collects the amount of
delinquent bill at the user's or owner's premises prior
to termination of service, a collection charge, established pursuant
to a resolution of the Borough Council, shall be collected therewith.
D.
Failure to pay either usage, service or minimum charges within 15
days after the gross bill becomes due shall be cause for termination
of water service until payment is made of all outstanding charges
for water service, provided that in no case shall the water supply
be shut off until notice has been provided in accordance with a resolution
adopted by Borough Council.
[Amended 6-8-2017 by Ord.
No. 2017-4]
E.
If service is terminated under the conditions set forth in Subsection D above, a reconnection charge established pursuant to a resolution of the Borough Council shall be paid before service is restored. If an employee of the Borough of Jim Thorpe collects the amount of a delinquent bill at the user's or owner's premises prior to termination of service, a collection charge established pursuant to a resolution of the Borough Council shall be collected therewith.
F.
If the Borough of Jim Thorpe has agreed to provide water service
through a separate meter and separate service line to a residential
dwelling unit in which the owner does not reside, the owner shall
be liable to pay the tenant's bill for service rendered to the
tenant by the Borough of Jim Thorpe.
G.
All bills shall be considered delinquent if not paid within 15 days
after the date of the bill. If the bill is not paid within 15 days
after the date of the bill, the bill shall be subject to a penalty
of 15%.
[Amended 12-13-2012 by Ord. No. 2012-2]
A.
Ownership of facilities and responsibility thereof.
(1)
Upon the request of the owner of any property within
the corporate limits of the Borough of Jim Thorpe abutting upon a
street wherein a water main exists or is reasonably adjacent thereto,
the Borough of Jim Thorpe will make a connection to the main for said
owner at his expense. All piping from the main to the property served,
including curb shutoff and meter pit, shall be installed for the owner
at his expense by a plumber licensed by the Borough of Jim Thorpe
and shall remain the property of the owner and shall be maintained
by the owner, except the Borough of Jim Thorpe reserves the right
to repair at its expense any leak on a customer's service pipe between
the municipal main and the water meter. A water meter shall be installed
in such piping, located in a suitable protective pit directly opposite
the point at which the connection is made to the main, or the meter
can be located inside the building, if the meter is equipped with
an outside remote reading device which conforms to municipal standards.
Each new water meter shall be furnished by the Borough of Jim Thorpe
at the expense of the property owner. The Borough of Jim Thorpe shall
have the right to remove any such water meter for testing or for maintenance
and may furnish in its place another meter substantially the equal
thereto as the need for such replacement may occur without incurring
liability therefor to the owner.
(2)
Jim Thorpe Borough shall inspect, test, adjust, maintain,
and/or replace such meters at its own expense, except that any meter
damaged in service through the negligent act or omission of the property
owner or his tenant or agent shall be replaced by the Borough of Jim
Thorpe at the expense of the property owner. Meter damage resulting
from freezing or backflow of hot water shall be considered to be the
result of negligence on the part of the owner or tenant. Where water
meters are presently installed inside buildings, the Borough of Jim
Thorpe may, at its option, require the installation of a meter with
the approved outside remote reading device. In such cases, the Borough
of Jim Thorpe will contribute an amount equal to 1/2 the cost of necessary
materials and all of the labor expense incurred by the installation.
B.
Meter accuracy. Upon request of any user, the Borough
of Jim Thorpe will remove the meter from his premises and test the
accuracy thereof. If said meter is found to register a greater quantity
of water than passed through it, to a degree exceeding the tolerance
of accuracy prescribed by the Public Utility Commission for such cases,
no charge shall be made for such test, and the bills for water rendered
on the basis of the registration of said meter for a period of not
more than three months preceding the removal thereof may be adjusted
on a equitable basis. If the said meter is found to register a smaller
quantity of water than that passed through it, or to be within the
prescribed tolerances of accuracy, a charge shall be paid by the user
for the testing of the meter in accordance with the schedule of charges
adopted from time to time by the Borough of Jim Thorpe. Upon prior
request, the water use may witness the water test during normal working
hours.
C.
Access to premises. As long as water is piped to any
building, the property officials of the Borough of Jim Thorpe shall
at all reasonable times have free access to the meters or service
pipes to inspect, test, read, repair, remove, or replace the same,
whether or not the occupant of the building is a water user, and such
access shall not be impeded by coal, ashes, or rubbish, nor in any
other manner. Failure to provide such free access shall be cause for
termination of service until suitable access is provided.
D.
Estimated bills. In the event that a customer's water
meter fails to register or is not read at the scheduled time, the
Borough of Jim Thorpe may issue an estimated bill for the period involved
based upon the records of the same customer's usage for comparable
past periods. Any in accuracy resulting from failure to read a user's
meter at the regularly scheduled time will be corrected in the preparation
of the bill based upon the next reading of the meter.
Any person who shall violate this article shall
be liable, upon summary conviction for a first offense and upon summary
conviction for each subsequent offense, to a fine of not more than
$1,000 together with costs of prosecution in each case. Each day that
a violation shall continue shall be deemed and shall be taken to be
a separate offense and shall be punishable as such.
