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