[Adopted 12-2-2003 by Ord. No. 273]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
- The Municipal Authority of the Borough of Matamoras, a Pennsylvania municipality authority.
- The Borough of Matamoras, Pike County, Pennsylvania, acting by and through the Borough Council or, in appropriate cases, by and through its authorized representatives.
- IMPROVED PROPERTY
- Any property located within this Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and within which structure water may be consumed or used.
- That part of the water system extending from a water main to the curbline, or if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a water main which is provided for connection of any water service line.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Any individual, partnership, company, association, society, corporation or other group or entity.
- WATER LINE
- The extension from the building water system of any structure to the shutoff valve of a water service line.
- WATER MAIN
- Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
- WATER SYSTEM
- All facilities, as of any particular time, for distributing, transporting, pumping, treating and providing water owned, maintained and operated by the Authority.
The owner of any improved property located in this Borough and adjoining and adjacent to the water system shall connect such improved property to the water system, in such manner as this Borough and the Authority may require, within 60 days after notice to such owner from the Authority to make such connection, for the purpose of obtaining water to such improved property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority from time to time.
No private well, cistern, impoundment of surface water or other similar device shall be used and maintained at any time upon any improved property which has been connected to a water system or which shall be required under § 121-19A to be connected to the water system. Every such well, cistern, impoundment of surface water or other similar device in existence shall be abandoned and, at the discretion of the Authority, shall be cleansed and filled under the direction and supervision of the Authority; and any such private well, cistern, impoundment of surface water or other similar device not so abandoned and, if required by the Authority, cleansed and filled, shall constitute a nuisance, and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
No such private well, cistern, impoundment of surface water or other similar device shall at any time be connected with the water system.
The notice required by the Authority to make a connection to the water system, referred to in § 121-19A, shall consist of a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall be made 60 days from the date such notice is given. Such notice may be given at any time after a water main is in place which can provide water to the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
Except as otherwise provided in this § 121-20A, each improved property shall be connected separately and independently with the water system through a water line. Grouping of more than one improved property on a water line shall not be permitted, except under special circumstances and for good sanitary reasons or other good causes shown, and then only after special permission, in writing, of the Authority shall have been secured.
All costs and expenses of construction of a water line and all costs and expenses of connecting a water line to the water system shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless this Borough and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a water line or of a water line to the water system.
A water line shall be connected to the water system and the place designated by the Authority and where the lateral is provided.
If the owner of any improved property located in this Borough, after 60 days' notice from the Authority, in accordance with § 121-19A, shall fail to interconnect such improved property as required, the Authority may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Authority shall forthwith, upon completion of the work, send an itemized bill of the cost of construction of such connection to the owner of the improved property to which the connection has been made, which bill shall be payable forthwith upon presentation thereof. In the event of the neglect, failure or refusal by the owner of such improved property to pay said bill, the Municipal Authority may file a municipal lien for said construction within six months of the date of completion of the construction of said connection, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens.
Where an improved property, at the time that connection to the water system is required, shall be served by its own individual water system or device, the existing water system shall be broken on the structure side of such water system or device and attachment shall be made, with proper fittings, to continue such house water line as a water system.
No water line shall be covered until it has been inspected and approved by the Authority. If any part of a water line is covered before 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 the water system.
Every water line of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
If any person shall fail or refuse, upon receipt of a notice from the Authority, in writing, to remedy any unsatisfactory condition with respect to a water line, within 15 days of receipt of such notice, unless the circumstances, in the sole and singular discretion of the Authority, require a shorter notice period, the Authority may refuse to permit such person to continue to obtain water from the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Authority.
The Authority shall have the right to adopt, from time to time, such rules and regulations as it shall deem necessary and proper relating to connections with the water system, which additional rules and regulations, to the extent appropriate, shall be construed as part of this article.
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 less than $100 nor 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.
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Borough.