Ventnor City, NJ Article VI Water Department; General Service Regulations

§ 220-18 Supervision of water plant.

The operation of the water plant of the City of Ventnor City shall be under the supervision and control of the Water Department of the City of Ventnor City, hereinafter referred to as the "City."

§ 220-19 Supervision of Water Department.

The supervision of said Water Department shall be vested in the Director to whom it is assigned by the Board of Commissioners.

§ 220-20 Service connections.

A. Written application for new service connections shall be made to the City before any such connection shall be installed.

B. All applications shall be understood to embody all rules and regulations, as well as this chapter, pertaining to the operation of the water plant, whether or not it is fully set forth in this chapter.

C. The owner of the property to be supplied or his duly authorized agent or purchasers under contractor mortgagees in possession or duly authorized receivers or trustees shall be responsible for installation of the service connection from the main trunk to the curbline. For each and every installation, the responsible party shall obtain a permit from the City Clerk, obtain a street opening permit if required, and pay a connection fee as set forth in this chapter and further comply with all statutory requirements.

D. A service line will be used to supply a single customer only, and no customer shall be supplied by more than one service line unless agreed upon between the customer and the City after approval having been given by the City Engineer. "Service line" shall be defined as that portion of pipe extending from the main to the curbline.

E. "Customer" or "consumer" as used herein shall be the party contracting for service as herein classified, i.e.:

(1) A building under one roof owned by one party and occupied as one business or residence.

(2) A combination of buildings owned by one party in one common enclosure occupied by one family or business.

(3) One home in a series of homes separated by a partition wall.

(4) A building owned by one party having a number of apartments or offices and using in common one hall and one or more means of entrance.

(5) Each apartment of a multiple-family dwelling or apartment house where service to individual families is desired.

§ 220-21 Application for service; fee.

A. When a water connection previously installed and previously used has for reasons hereinafter stated been discontinued, a new service connection must be applied for pursuant to the conditions set forth in § 220-20 when water is again desired. A fee in the amount set forth in Chapter 114, Fee Schedule, shall be charged for this service in addition to any and all other fees which may be applicable pursuant to this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. A supply of water for building or other special purposes, except on a lot or premises already supplied with water by meter, must be specially applied for.

C. All use of water other than by the customer or for any purpose or upon any premises not stated or described in the application must be presented by him. No owner or tenant of any premises supplied with water by the City shall supply other persons or families of other premises, except as may be stated in the application. The customer shall be liable for the amount of water used in conformity with the schedule of rates of the City.

§ 220-22 Water main taps and service lines.

A. Upon installation of the approved water service connection, and payment of the appropriate fee, the City shall furnish and deliver to the premises of the customer a meter, meter pit box, cover plate and all relevant plumbing fittings necessary to properly install the same. Once installation is complete, the City of Ventnor shall be responsible for the maintenance and repair of the water service connection from the existing water main to the vertical face of the established roadway curbing. The abutting property owner shall be responsible for the water service connection and its appurtenances from the vertical face of the established roadway curbing to the building. Such maintenance shall include repair and/or replacement of service piping, curb stops, pit boxes and lids, valves, pit setters and/or setting horns, pack joints, water boxes and lids. No such work shall be done by a property owner unless advance notice is given to the City of Ventnor and such work does not constitute a danger to the health, safety and welfare of the general public. The City shall retain ownership and maintenance of the water meter and the MXU electronic read out terminal.

[Amended 3-17-2005 by Ord. No. 2005-8]

B. Service connection shall conform to design standards established by the Ventnor City water and sewer utilities.

C. All the above-listed improvements shall be subject to inspection and approval by the water and sewer utilities, which shall be notified at least 24 hours prior to the start of construction. No underground installations shall be covered until inspected and approved.

§ 220-23 Water plant property.

A. No person or persons except the Superintendent or other person authorized by an official of the City shall without permission connect, cover or disconnect the meter, pipe or conduits of the City or in any other manner without such permit tamper or interfere with the meters, seals or dials thereof, pipes or conduits or shall without permit connect with the meter, pipes or conduits of the City by pipes, conduits or other instruments for the purpose of obtaining water.

B. It shall be the duty and obligation of the customer to install any new meter, remote register and accessories integral to such installation and properly protect same from injury, with the customer being liable for damage to or loss of said meter(s), remote register, accessories, etc., once installed.

§ 220-24 Equipment on customer's premises.

A. The City may refuse to connect with any customer's piping system or furnish water through one already connected when it is not in accordance with the plumbing rules of the City and those of the water plant or when the piping system on the premises is not at sufficient depth to prevent freezing.

B. The City will not be held responsible for resulting inadequacy of service if customers make additions or alterations to the equipment on their premises without notifying the City of the proposed changes or additions before they are made and obtaining the City's assent thereto.

C. The City shall have the right of access to the customer's premises and to all property furnished by it at reasonable times for the purpose of reading meters or inspecting or replacing appliances used in connection with the supply of water or for the removal of its property at the time service is to be terminated. The customer shall obtain or cause to be obtained all necessary permission to enable the City to gain access to the appliances referred to. Customers shall not permit access to the meter and other appliances of the City except by authorized employees of the City or properly qualified state or local inspectors. In case of defective service, customers should not interfere with the apparatus belonging to the City but shall immediately notify the office of the City.

§ 220-25 Discontinuance of service.

A. The City undertakes only to use reasonable care and diligence to provide a constant supply of water through its pipes but does not undertake to render any special service or to maintain any fixed or definite quantity of pressure, and in the event of the occurrence of any break, failure or accident or injury by act of God or the public enemy or unless caused by its negligence. The City, however, reserves the right at any time without notice to shut off the water in its mains for the purpose of making repairs or extensions or for other purposes.

B. Service provided to a customer may be discontinued for any of the following reasons:

(1) For the use of water for any property or purpose other than that described in the application.

(2) For willful waste of water through improper or imperfect pipes, fixtures or otherwise.

(3) For failure to maintain in good order connections, service lines or fixtures owned by the customer.

(4) The tampering with any service pipe, meter, curb stop, seal or any other appliance of the City.

(5) In case of vacancy of premises.

(6) For neglecting to make payments or for nonpayment for water service or any other charges accruing under the application.

(7) For refusal of reasonable access to property for the purpose of inspecting or for reading, caring for or removing meters.

(8) For any other violation of this chapter.

C. Water service will be turned off from any premises upon the order of the customer without in any way affecting the existing agreement for service.

D. When service is discontinued for any reason due to the actions of the property owner, someone residing at the property or someone acting on their behalf, a charge in the amount set forth in Chapter 114, Fee Schedule, shall be made for turning off the water.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Service will be renewed when the conditions under which service was discontinued are corrected and upon payment of all charges provided in the schedule of rates, rules and regulations of the City due from the applicant.

F. As necessity may arise in case of breakdown or emergency or for any other unavoidable cause, the City shall have the right to temporarily cut off the water supply to make necessary repairs, connections, etc., using all reasonable and practicable measures to notify the customer of such discontinuance of service and the probable duration of the discontinuance.

§ 220-26 Meters.

A. All new service shall be metered at or before the time the water is turned on for regular use.

B. A stopcock or gate valve shall be placed on the service line on the street side of and near the meter. A suitable valve shall be placed on the building side of the meter within the meter box, when applicable.

C. Whenever a property owner or someone acting on his or her behalf requests a meter change the fees as set forth in this chapter shall be applicable. In the sole discretion of the City of Ventnor if such meter needs replacement due to damage, obsolescence or other reason not the fault of the property owner, the City of Ventnor may waive such fee.

§ 220-27 Meter tests and adjustments.

A. The City will make a test of accuracy of a meter upon the request of a customer. A report or printout giving the results of such a test will be made available to the property owner, and a record of such test shall be kept on file with the City of Ventnor for a reasonable period of time. When any testing requires a visit to the property, the property owner or someone acting on their behalf may be present to observe the test. The City will impose a charge in the amount set forth in Chapter 114, Fee Schedule, if the test simply involves a printout showing the number of gallons used by the property owner. If any test requires the City of Ventnor to send personnel to the property, the fee shall be in the amount set forth in Chapter 114. To the extent the test shows there has been a substantial error in the meter, then the City of Ventnor, in its sole discretion, may refund or credit the amount of the fee for such a test.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. When the City of Ventnor determines that an error has occurred due to the meter or other equipment supplied by the City of Ventnor, the City, in its sole discretion, may apply additional billing or credits, as the case may be, on the billing of said property owner. However, any credit given in such circumstances shall be limited to a credit based upon the actual usage as determined by the City of Ventnor for a maximum period of 12 months prior to the date of the discovery of the error.

C. No water meter shall be placed in service unless the City of Ventnor, in its sole discretion, determines that said meter is operating correctly.

D. All meter readings shall be final unless there is a request that a reading be investigated and officials acting on behalf of the City of Ventnor determine that a meter reading, or billing as a result thereof, should be adjusted.

§ 220-28 Billing.

A. Customers will be held responsible for all charges accruing for water service until written notice has been given to the office of the City to discontinue the supply or notice has been given of a change of occupancy of said premises.

B. If a bill remains unpaid for a period of 30 days after the due date shown on the bill, the customer shall be responsible for said bill, together with the delinquency penalty of 8% per annum for the first $1,500 of the delinquency and 18% per annum on any amount in excess of $1,500, to be calculated from the date the amount was payable until the date of actual payment. If said bill is not paid within said thirty-day period, the City will forward a notice indicating that within 15 days the water supply to the property shall be discontinued. Said notice shall be sent by certified mail and if the bill is not paid within 15 days from the date that said certified mail is accepted, refused, or returned as undeliverable, the City of Ventnor, in its sole discretion, may terminate the water supply to said property. When water is turned off under such conditions, it will remain off until the amount owed is paid in full, together with all other charges which may be due and owing pursuant to this chapter, including but not limited to, any charge for reinstituting the water supply. The City of Ventnor, in it's sole discretion, may enter into a partial payment arrangement with a property owner whereby water service is returned to the property upon a written agreement by the owner to pay all arrearages pursuant to a monthly payment schedule in addition to any current charges.

C. If the customer requests the City implement a payment schedule regarding any delinquent bill or charge, the amount of monthly payments and the duration of said payment plan shall be determined in the sole discretion of the City of Ventnor. In no event shall any payment plan last for longer than an eighteen-month period. Any such payment schedule must be authorized by resolution of the governing body.

§ 220-29 Rules and regulations.

The Board of Commissioners of the City of Ventnor City shall have authority to promulgate rules and regulations regarding the installation, repair and maintenance of water meters, fixtures and any other materials pertaining to the implementation and usage of the water meter program within the City of Ventnor City. Further, the Board of Commissioners of the City of Ventnor City shall have the right to amend and/or modify these rules from time to time in order to implement this water meter system.

§ 220-30 Rates and charges.

A. Rates shall be determined each year by the City of Ventnor and shall be available in City Hall or by contacting the Water Utility. Houses of worship shall be exempt from the charges imposed by the Water Utility.

B. The intention of this chapter is that every separate, residential and commercial use in the City of Ventnor shall be metered. The City of Ventnor is indemnified and held harmless by any rate charged by a property owner to individuals residing in said property for water charges. For example, but not by way of limitation, the City of Ventnor shall not be responsible for any charge imposed by a landlord on a tenant for water services or for a condominium association on individual unit owners for water usage to the extent that separate metering does not occur.

C. Service to fire protection facilities.

(1) Effective on the passage of this article and thenceforth, any property having private fire protection facilities shall pay a fee as set forth in Chapter 114, Fee Schedule, for each connection to be used exclusively for the extinguishment of fires.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) No additional charges shall be made for sprinkler heads, fire hydrants or other firefighting facilities which may be attached to a private fire service connection, unless mandated by the Uniform Fire Code or Uniform Construction Code, and no charge shall be made for water used in extinguishing fires where the service is furnished pursuant to a service connection used exclusively for the extinguishment of fires and preauthorized by the Ventnor City Fire Department.

(3) The rate provided in this article shall be available only for service connection as used exclusively for the extinguishment of fires. If the customer desires to use water for general or commercial purposes through the same connection, or if any private service connection is used for unauthorized purposes, then the service connection shall be metered in a manner to permit accurate registration of all consumption and fees shall be charged pursuant to this chapter.

(4) All charges for private fire protection service furnished under this schedule are to be rendered pursuant to quarterly billing instituted by the City. The charge for any service connection can be incorporated into the amount of any bill sent to such property for normal water usage.

(5) Notwithstanding anything to the contrary, above, the annual fee for a fire protection connection shall not be applicable to any fire protection system provided to a residential customer served by a water service line of two inches or less in diameter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(6) No rate shall be charged in excess of the water actually used for any sprinkler system required to be installed in any residential health care facility pursuant to the Health Care Facilities Planning Act[1] and regulations promulgated there under or in any rooming or boarding house pursuant to the Rooming or Boarding House Act of 1979[2] and regulations promulgated there under.

[1] Editor's Note: See N.J.S.A. 26:2H-1 et seq.

[2] Editor's Note; See N.J.S.A. 26:2H-1 et seq.

D. Miscellaneous charges.

(1) Where water is furnished for building purposes, it shall, wherever practical, be supplied through a meter and the rates and charges as set forth in this chapter shall be applicable.

(2) Any time a request is made for a special reading of a water meter as a result of a transfer of property from one owner to another, there shall be a fee in the amount set forth in Chapter 114, Fee Schedule, payable in advance for such reading. To the extent that this subsection is in conflict with the Open Public Records Act,[3] the provisions of the Open Public Records Act shall govern.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[3] Editor's Note: See N.J.S.A. 47:1A-1 et seq.

E. Fire hydrants. Any person or entity requesting the use of water from a fire hydrant within the City of Ventnor shall make application and pay the appropriate fee in advance as set forth in this chapter. No such permit shall be authorized unless the Chief of the Ventnor City Fire Department or his designee authorizes the same. The application for such fire hydrant permit shall be made to the Clerk of the City of Ventnor and shall only be valid for the time period, and location of the hydrant as listed thereon. The permit shall also only authorize the individual or entity requesting same to make use of the hydrant.

§ 220-31 Action by property owners upon discontinuance of service.

Any user of the water system within the City of Ventnor understands and consents to the fact that for a variety of reasons that water service may be temporarily terminated to any property. Such service may be terminated for reasons such as infrastructure work and improvement, water shortage, repairs, lack of payment of bill or any other reason. During such events, the City will use all reasonable measures to notify any customer of the discontinuance of service and the probable duration of such discontinuance. In the event that the water supply fails or is turned off for any reason, any customer owning hot water faucets shall open the same at once. Any persons having boilers within their premises which depend upon water pressure for the pipes from water supplied by the City of Ventnor, shall be responsible for any and all damage in the event of termination or temporary shutdown of water services. The City of Ventnor and those acting on its behalf, are specifically indemnified and held harmless from any damages or inconvenience regarding the same. All persons having boilers within their premises which depend upon the pressure in the pipes of the City of Ventnor to keep them supplied are hereby cautioned against collapse. In such case, the City shall not be liable for any damages or inconvenience suffered as a result thereof.

§ 220-32 Notification of address change required.

Whenever a property is transferred through sale or otherwise, the new homeowner shall be responsible for advising the Tax Collector's Office and the Water Utility in the City of Ventnor of any new billing address.