Borough of Boyertown, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 9-8-1959 by Ord. No. 4-59. Amendments noted where applicable.]
GENERAL REFERENCES
Water Authority — See Ch. 53.
Building construction — See Ch. 73.
Uniform construction codes — See Ch. 76.
Energy conservation — See Ch. 94.
Plumbing — See Ch. 140.
Sewers and sewage disposal — See Ch. 156.
Subdivision and land development — See Ch. 171.

§ 190-1 Rates and charges; meters.

[Amended 8-7-1973 by Ord. No. 5-73; 3-22-1982 by Ord. No. 1-82; 12-17-1982 by Ord. No. 7-82; 6-3-1991 by Ord. No. 8-91; 12-26-1991 by Ord. No. 14-91; 4-5-1993 by Ord. No. 1-93]
A. 
Water from the municipal water plant shall be supplied to consumers only through meters, and quarterly rates and charges for water service within and without the limits of the Borough shall be established annually by resolution. The quantity recorded by the meter shall be conclusive on both the consumer and the Borough except when the meter has been found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter when in order.
B. 
Each meter shall be installed subject to a quarterly minimum charge based on the size of the meter, as established by resolution. The consumer shall pay the minimum charge only when the amount resulting by applying the meter rates to the quantity of water consumed is less than said minimum charge. When the amount resulting from application of the meter rates is greater than said minimum charge, then such amount shall constitute the bill for the service rendered.
C. 
Annual charges shall be made for automatic sprinkler connections and yard hydrants used for standby fire protection only. Rates will be established annually by resolution. The charges shall be due and payable on the first day of each July, annually.
D. 
Multiple unit connections. Where water service is supplied through one meter to an apartment house or group of house trailers or to any building have more than one unit (each trailer, store, apartment, office, shop, manufacturing establishment or other similar use being hereby designated as a unit), each such unit shall be subject to the same charge as would be applied if each such unit had been separately connected with the appropriately sized meter. In those instances in which separate connections and separate metering do not exist, the minimum rate applicable shall be determined by multiplying the applicable quarterly minimum, based upon the appropriate meter size, by the total number of units contained in the building or located on the lot so serviced. All excess gallons shall be at the rate established annually by resolution.
E. 
There are hereby imposed upon the owner of each property hereafter connected to the water system of the Borough tapping or connection fees to cover the cost of the corporation connection, lateral line, curb box and meters. Rates will be established annually by resolution.
F. 
Meters shall be installed in all service lines. All meters connected to the water system of the Borough shall be furnished and installed by the Borough and remain the property of the Borough and be accessible to and subject to its control. Only an authorized representative of the Borough may terminate water service to a consumer.
[Amended 4-4-2005 by Ord. No. 02-05]
G. 
The owner of any improved property (as defined herein) in the Borough shall connect such improved property with the municipal water system in the manner as set forth in this chapter 190 of the Code. "Improved property" is defined as any property within the Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings and to which structure water service is supplied.
[Added 4-4-2005 by Ord. No. 02-05]

§ 190-2 Billing procedure.

[Amended 3-5-1984 by Ord. No. 3-84; 6-3-1991 by Ord. No. 9-91; 4-5-1993 by Ord. No. 1-93; 6-7-2004 by Ord. No. 03-04; 4-4-2005 by Ord. No. 02-05]
All meter bills shall be due and payable on the first day of January, April, July and October, which bills shall be based on the meter readings for the calendar quarter. For meter bills unpaid for 30 days after the same are due and payable, there shall be an added penalty of 1.25%. For each thirty-day period in which said bill or portion thereof continues to be unpaid, an additional 1.25% shall be added. If said bill remains unpaid for a period of 60 days, the proper action may be undertaken by the Borough of Boyertown to terminate said service. Where the owner of a leased premises has requested that the Borough send water meter bills to the tenant or occupant of the leased premises as permitted under § 190-17 of the Code, and at any time subsequent to such request the tenant or occupant fails to pay any said bill, the tenant or occupant as the delinquent ratepayer shall pay to the Borough the full amount in arrears of said unpaid bill; partial payments from tenants or nonowner occupants shall not be permitted. During the period of termination, an additional 1.25% shall be added following the passage of each calendar month. Prior to restoration of water service, the delinquent ratepayer shall pay to the Borough of Boyertown the full amount in arrears, a reconnection fee and a deposit to be held in escrow for a period of eight years to assure prompt future payments. Fees shall be as set forth from time to time by resolution of the Borough Council. If after the term of eight years or, in the event of the sale of property, 30 days after the transfer of title, the account has no amount in arrears, the deposit will be refunded. Where the owner of a leased premises requests that the Borough send water meter bills to the tenant or occupant of the leased premises as permitted under § 190-17 of the Code, and water service is terminated under this § 190-2 for nonpayment of meter bills, the tenant or occupant as the delinquent ratepayer shall be responsible to pay the Borough the full amount in arrears, the reconnection fee and the deposit prior to restoration of water service.

§ 190-3 Charge for certification of bills.

[Added 12-29-1987 by Ord. No. 21-87; amended 4-5-1993 by Ord. No. 1-93]
The charge for a certification of a water and/or sewer bill shall be as set forth from time to time by resolution of the Borough Council.

§ 190-4 Collection officer.

All water rents and charges shall be collected by the Borough Secretary to be elected by the Borough Council for a term of two years, at the biennial organization meeting.

§ 190-5 Responsibility for connections and maintenance.

[Amended 8-7-1973 by Ord. No. 5-73]
Hereafter, when any new connection is made for any consumer, the Water Department, after the consumer has excavated the necessary trench to the water main, shall at its cost install the necessary pipe and other facilities from the main to the curbline, and the applicant at his expense shall supply the pipe and other facilities and make the necessary connection from the curbline to the building to be supplied with water. The maintenance and repair of all pipes and other facilities from the curbline to the building and inside any building, except meters owned by the Borough, shall be the sole responsibility of the property owner.

§ 190-6 Installation of mains.

[Added 5-4-1992 by Ord. No. 10-92]
From and after the effective date hereof, the Specifications for Water Mains and Appurtenances set forth in Appendix A[1] attached hereto shall be followed in the installation of each water main and appurtenance thereto which is to be connected to the water distribution system of the Borough of Boyertown, and said specifications are incorporated herein and made a part hereof.
[1]
Editor's Note: Appendix A is on file in the Borough office.

§ 190-7 One house per service line.

No more than one house shall hereafter be supplied with water from one service line.

§ 190-8 Maintenance by owners required; disconnection.

[Amended 4-5-1993 by Ord. No. 1-93]
All persons supplied with water from the Borough supply must keep the service, pipe spigots and apparatus in the premises owned or occupied by them in good order and repair, and if the occupant of said premises or the owner thereof permit or allow any waste of water or refuse to repair any leaky fixtures on the premises, after written notice to such person or persons by the Borough Secretary, and are convicted thereof before the Mayor, then it shall be lawful in such cases for the Borough to cut off the supply of water to such premises without any liability or claim whatsoever against the Borough by reason of such cutting off of the water supply from such premises.

§ 190-9 Water conservation; disconnection.

[Amended 4-5-1993 by Ord. No. 1-93]
The Borough, through the Mayor, by printed handbills posted in public places or by advertisement, may declare that the Borough water supply is low, and in such notices or advertisement may prohibit the washing of automobiles or prohibit the use of water for any particular purpose, and if the owner, tenant or occupant of any premises supplied with water by the Borough does any of the things prohibited in said notice or advertisement and is convicted thereof before the Mayor, it shall be lawful for the Borough to cut off the supply of water from said premises for a period of not more than 10 days, as the Mayor shall determine, in addition to any other penalties prescribed by this chapter.

§ 190-10 Unauthorized opening or closing of stopcocks.

No plumber or any other person shall open or close any of the public stopcocks of the pipes or conduits without being duly authorized to do so by the Water Commissioner.[1]
[1]
Editor's Note: Original § IX, regarding obstruction and damaging of fire hydrants and which immediately followed this section, was repealed 4-5-1993 by Ord. No. 1-93.

§ 190-11 Fire hydrants.

A. 
Fire companies may use the fire hydrants for practice without a permit, unless such conditions exist as are specified in § 190-9 hereof.
B. 
It shall be unlawful for any person to erect, plant or place any post, tree, building material or obstruction of any kind within 15 feet of any fire hydrant.

§ 190-12 Use of sprinkler systems.

[Amended 4-5-1993 by Ord. No. 1-93]
No person, firm or corporation who may or shall have been permitted to have upon their premises a sprinkling system or any separate connection for fire protection shall permit or use the same for any other purpose. Upon being convicted of a second offense, in addition to any other penalties prescribed by this chapter, such fire hydrant or sprinkling system shall be detached from its connection with the Borough water mains.

§ 190-13 Investigation of waste of water.

[Amended 4-5-1993 by Ord. No. 1-93]
The members of the Public Utilities Committee, its officers and Borough employees are hereby authorized, empowered and required to investigate any premises wherein any waste of water is suspected and, if such waste is discovered, to abate the same and to report the person committing such waste to the Mayor, who shall cause such person to appear before him, and if he shall find such person guilty of such waste after hearing held, the supply of water may be cut off from said premises if the Mayor finds that such person willfully persisted in such waste after notice.

§ 190-14 Liability for backing up of hot water.

Injury to meters owned by the Borough caused by the backing up of hot water from hot-water heating systems of the consumers are hereby designated liabilities of the consumers, and the costs of all repairs made necessary thereby to the meter shall be paid for by the consumer.[1]
[1]
Editor's Note: Original § XV, regarding charges for service outside the boundaries of the Borough and which immediately followed this section, was repealed 8-7-1973 by Ord. No. 5-73.

§ 190-15 Tampering with meters.

[Amended 4-5-1993 by Ord. No. 1-93]
No person shall tamper with any water meter.

§ 190-16 Automatic pumps, drains and hoses.

[Amended 4-5-1993 by Ord. No. 1-93]
The use of automatic cellar pumps, drains, hose and lawn sprinklers is permitted; provided, however, that the Mayor may prohibit the use of such devices whenever he thinks the best interests of the Borough or its citizens require the prohibition thereof.

§ 190-17 Charges to be billed against owner.

[Amended 4-4-2005 by Ord. No. 02-05]
All charges for water service supplied to any premises shall be and are hereby made a charge against the owner of such premises. At the request of the owner of any leased premises for which water service is supplied, the Borough shall send all water meter bills to the tenant or occupant of the leased premises, and the tenant or occupant shall be responsible for payment of all water meter bills; provided, however, that all charges for water service shall also remain a charge against the owner of the leased premises. In the event the Borough terminates water service to a leased premises as provided under § 190-2 of the Code, the Borough shall send all written notices of termination to the tenant or occupant and to the owner of the leased premises. In the event the tenant or occupant vacates the leased premises while charges for water service are past due, but not delinquent, then the owner of the leased premises shall be responsible for payment of the vacating tenant's or occupant's unpaid water meter bills before the Borough will honor the owner's request to send water meter bills to a new tenant or occupant of the same leased premises.

§ 190-18 Voluntary terminations.

[Added 3-5-1984 by Ord. No. 3-84; amended 6-3-1991 by Ord. No. 9-91; 4-5-1993 by Ord. No. 1-93]
Any taxpayer may, at his request, have a duly authorized representative of the Borough of Boyertown terminate his service as long as the service of any other dwelling is not affected. Such resident may have his service reconnected by said Borough personnel upon request to the Borough of Boyertown, with the payment of a reconnection fee, as set forth from time to time by resolution of the Borough Council, and the payment of any amount in arrears.

§ 190-19 Violations and penalties.

[Amended 3-5-1984 by Ord. No. 3-84; 4-5-1993 by Ord. No. 1-93]
Except as otherwise provided herein, any persons, firm or corporation violating any of the provisions of this chapter shall be required, upon conviction thereof, to pay a penalty of not more than $600, plus costs of prosecution, recoverable before any District Justice, and, upon default of payment of the penalty and costs, such person or persons may be committed to the county jail for a period not exceeding 30 days, provided that each day's violation of any provision of this chapter shall constitute a separate offense.

§ 190-20 Private wells, cisterns or other nonmunicipal sources or systems.

[Added 4-4-2005 by Ord. No. 02-05]
A. 
Except as provided in Subsection B below, no private well, cistern, or other nonmunicipal water source or system shall be used or maintained upon any improved property that has been connected to the municipal water system or that is hereafter required under § 190-1G to be connected to the municipal water system. No later than 180 days after the effective date of this section, every such private well, cistern, or other nonmunicipal water source or system shall be capped and/or disconnected from the improved property or otherwise rendered nonfunctional with respect to the water supply to the improved property at the expense of the owner. No private well, cistern, or other water source or system shall be connected with the municipal water system at any time.
B. 
Upon prior written application to and approval by the Borough, a private well, cistern, or other nonmunicipal water source or system may continue to be used or maintained upon any improved property that has been connected or is required to be connected to the municipal water system, subject to the following conditions:
(1) 
No later than 180 days after the effective date of this section, a reduced pressure zone ("RPZ") valve shall be installed at the property owner's expense on the lateral servicing such improved property.
(2) 
Every RPZ valve installed as required in Subsection B(1) above shall be tested annually at the property owner's expense by either a duly authorized representative of the Borough or an individual, firm or company certified by the American Society of Sanitary Engineering to perform such testing. A copy of the annual test results shall be submitted to the Borough no later than the first day of each July, annually.
(3) 
In the event an RPZ valve test report indicates that the RPZ valve is not functioning properly, the property owner shall take all steps necessary, at the property owner's expense, to repair or replace the malfunctioning RPZ valve within 30 days of the date of the unsatisfactory test report. The property owner shall have the RPZ valve tested within 30 days of repair or replacement, and a copy of the written test report shall be submitted to the Borough within 30 days of completion of the report.
C. 
In the event the property owner fails to submit an annual RPZ valve test report as required in Subsection B(2) above, fails to repair or replace a malfunctioning RPZ valve as required in Subsection B(3) above, or otherwise removes an RPZ valve, without first capping or disconnecting the private well, cistern, or other nonmunicipal water source or system, or in any other way connects or permits to be connected a private well, cistern, or other nonmunicipal water source or system to the municipal water system, the Borough shall terminate public water service upon 10 days' written notice to the property owner.
D. 
In addition to the termination of public water service as set forth in Subsection C above, any property owner connecting or permitting the connection of a private well, cistern, or other water source or system with the municipal water system at any time violates this chapter, and upon conviction thereof, shall be subject to the penalties set forth in § 190-19 of the Code.