[Adopted 2-3-1975 by Ord. No. 715 (Ch. XVIII,
Secs. 36 to 50, of the 1962 Code)]
[Amended 12-21-1978 by Ord. No. 776; 6-2-1980
by Ord. No. 800]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Catasauqua.
Any person who is supplied by water service from the Borough
of Catasauqua.
The Council of the Borough of Catasauqua.
The Engineer of the Borough of Catasauqua.
A building in which 50% of the gross habitable floor area
is used for sleeping.
The Manager of the Borough of Catasauqua.
All structures or buildings of more than one unit, as defined
above.
Any individual, partnership, firm, association or corporation.
The Public Works Department of the Borough of Catasauqua.
A dwelling or other residential structure in which lodging
facilities are supplied.
The lines servicing a building which run from the water main
to the building.
RESIDENTIAL UNITOne or more rooms, including kitchen and sanitary facilities, designed for occupancy by not more than one family for living or sleeping purposes, or by a group of persons who are not all related by blood or marriage, living together and sharing the same water services.
NONRESIDENTIAL UNITOne or more rooms, with water fixtures, designed or used for the purpose of engaging in activities of, or connected with, commerce, industry or education.
The water transmission lines within the streets or other
rights-of-way of the Borough of Catasauqua.
Water pumping station, water mains, service laterals, fire
hydrants, wells and all other appurtenances thereto owned by the Borough
of Catasauqua.
[Amended 12-21-1978 by Ord. No. 776; 12-28-1982
by Ord. No. 843]
Nonmetered rates for flat-rate consumers shall
be as established by resolution of Borough Council.
[Amended 12-21-1978 by Ord. No. 776; 12-28-1982
by Ord. No. 843]
The rates for metered consumers shall be as
established by resolution of Borough Council.
[Amended 6-2-1980 by Ord. No. 800; 10-3-1988
by Ord. No. 935]
The service charge for new services for each
residential unit and for each nonresidential unit shall be established
by resolution of Borough Council.
[Amended 6-2-1980 by Ord. No. 800[1]]
Any consumer who permits his neighbor or any
other person not a resident of his premises to use water shall be
charged at the same rates as the neighbor or nonresident would have
to pay if he had attachments of his own, and where such consumer refuses
to pay for his neighbor or nonresident, the water shall be turned
off the premises, and will so remain until a fee as set from time
to time by resolution of Borough Council[2] for restoring the service shall have been paid in full.
A.
Streets and alleys. A permit from the Borough shall
be required before any person shall be permitted to sprinkle or wash
down any Borough street or alley unless the property from which the
water is taken is metered. The cost for the permit shall be as set
from time to time by resolution of Borough Council[2] and shall be valid for a three-month period from the date
of issuance. No permit shall be required from any metered property.
B.
Lawns. A permit from the Borough shall be required
before any person shall be permitted to use a lawn sprinkler, soil
soaker or other device other than a spray nozzle. The costs for the
permit shall be as set from time to time by resolution of Borough
Council. All permits shall be valid for a three-month period from
the date of issuance. No permit shall be required for any metered
property.
[Amended 6-2-1980 by Ord. No. 800]
Each year 5% of the total Water Department operating
budget shall be set aside in an interest-bearing account to be used,
as directed by Council, for nonanticipated requirements of the water
system.
[Amended 12-21-1978 by Ord. No. 776; 6-2-1980
by Ord. No. 800; 6-5-1989 by Ord. No. 944]
A.
It shall be the duty of the Borough Manager to establish
a procedure for the gradual installation of meters in all industrial,
commercial and residential structures. All industrial, commercial
and residential structures shall be metered at the time any of the
following events occur:
(1)
Installation or continued existence of a swimming
pool with a depth to top of wall of two feet anywhere around the perimeter;
(2)
Any work for which a plumbing permit is obtained;
(3)
Transfer of property, whether with or without consideration,
in which event the new owner shall be responsible for meter installation;
(4)
Whenever requested by a flat rate customer;
(5)
Whenever a structure is converted from single- to
multi-unit.
(6)
Upon notification by the Borough Manager, acting in
accordance with an established procedure or segment thereof, which
has been approved by resolution of Council.
B.
It shall be the duty of the persons designated by
the Borough Manager to inspect all existing water meters to assure
that they are in proper working condition and to repair or replace
those meters which are working improperly.
C.
The Borough shall furnish and install all water meters
up to one inch in size which shall be of the same size as the service
pipe entering the building or of such size as determined to be adequate
by the Borough Engineer. The property owner shall, however, be responsible
at his own expense for having a registered plumber prepare the pipe
for the installation as well as any appurtenances necessary for the
installation. The meter shall be placed within the property line of
the customer in a convenient, accessible and unobstructed position
within the building. When it is not convenient to place the meter
within a building, it shall be placed in a suitable meter box or masonry
pit, the cost for which shall be borne by the owner. No person other
than an authorized employee of the Borough shall install, remove,
change or interfere with any water meter or part thereof.
[Amended 12-6-2010 by Ord. No. 1259]
D.
All meters greater than one inch in size shall be
installed by the property owner at his expense under the direction
of the Borough. The size and type of meter shall be approved by the
Borough Engineer.
[Amended 12-6-2010 by Ord. No. 1259]
E.
The customer shall properly protect the meter that
is installed on his property at all times. It shall be the customer's
responsibility to protect the meter against frost, back pressure or
other damages. The cost for the repair or replacement of a water meter
including the Public Works man-hours shall be borne by the property
owner for any meter which is damaged. Payment shall be made within
30 days from the date invoiced on any damaged meter.
F.
If a meter fails to register or otherwise becomes
inoperative, the meter shall be replaced or repaired by the Public
Works Department and the current bill shall be estimated and determined
by the average amount of water used in a previous corresponding period.
No deduction from any water bill shall be allowed on account of leakage.
G.
If any customer shall doubt the correctness of the
meter on his property, he can request that the meter be tested provided
that he makes a written request to the Borough within 15 days of receipt
of his quarterly bill and provided that he place a deposit on the
meter in accordance with the "Schedule of Fees" established by resolution
of Council. Upon receipt of the written request and the placing of
the proper deposit, the Public Works Department shall have the meter
tested. In the event the test should show the meter to be registering
incorrectly beyond 4% of the accurate amount, such deposit shall be
refunded to the customer, his account shall be adjusted accordingly,
the meter shall be replaced, and the entire cost shall be borne by
the Borough. In the event the meter is working properly within the
4% of the accurate amount, the customer shall forfeit his deposit,
and the same meter shall be reinstalled.
H.
In all cases where the service connection serves a building or structure occupied by two or more units, either residential or commercial, only one meter shall be furnished by the Borough to such building, and the water rate shall be chargeable and must be paid by the owner of said building. For the purposes of this article, each individual unit shall be billed to the owner of the building pursuant to the rates set forth in § 265-8 of this article.
I.
No customer serviced with metered water shall take
or receive, or permit to be taken or received, any water from the
Borough into a building in any way other than through the meter servicing
the building.
J.
The owner of a metered property shall notify the Borough
immediately of any change of ownership of his property so that the
meter can be read and final consumption can be billed to the seller.
K.
For the purposes of this article, rooming houses and
hotels shall be calculated at one residential unit for every three
residential rooms or fraction thereof.
[Amended 6-2-1980 by Ord. No. 800; 6-5-1989
by Ord. No. 944]
A.
All bills for water service shall be billed quarterly
and shall be paid within 30 days from the date of billing. If said
bills shall not be paid within 30 days from the billing date, there
shall be an additional sum of 15% added to the bill.
B.
If the water bill shall remain unpaid for a period
of 60 days from the date of billing, formal notice of water shutoff
within 15 days and institution of lien procedures shall be sent. Fifteen
days thereafter the water shall be shut off at the delinquent premises.
If the property is such that the "Utility Service Tenants' Rights
Act" (1978, November 26, P.L. 1255, No. 299) applies, then the water
shall not be shut off except in compliance with that Act. However,
the Solicitor shall be notified to immediately file a lien against
said property and proceed under the "Municipal Claims and Liens Act"
to collect the sum due and owing. For all other properties, if the
delinquency persists into the next quarter, a lien shall be filed
and collection sought by all legal means. When payment has been made
in full of all bills, penalties, legal costs and the like, plus a
turn-on fee as set from time to time by resolution of Borough Council,[1] the Borough shall turn on the water and resume service.[2]
C.
Any payment or payments made on a water bill shall
be credited in the following order: first, to any interest accrued,
then to any legal costs (including turn-on fees), then penalties,
then delinquent balances, then current balances.
The Borough Manager or his designates shall
have the authority to enter any building, yard or grounds at any reasonable
time with the consent of the owner or occupant of said premises or,
in the absence of such consent, by means of a properly secured warrant,
for the purpose of investigating therein the use of water, water connections
or any other conditions or matters affecting the usage of Borough
water. Any person who refuses to consent to an entry upon his premises
at a reasonable time for the aforesaid purposes shall be subject to
having the water supply to the premises in question disconnected by
the Borough. Furthermore, nothing in this section shall be deemed
to prohibit an entry for the aforementioned purposes without obtaining
consent or the assistance of a warrant in cases of emergency.
[Amended 6-2-1980 by Ord. No. 800]
A.
Responsibility of the Borough. The Borough shall be
responsible for all water mains and service lines located within the
streets or other rights-of-way acquired for water main purposes. In
the streets the Borough shall be responsible for the service line
from the main to the curbline including the curb box if located within
two feet of the curbline.
B.
Responsibility of property owner. The property owner
shall be responsible for the service lateral from the curbline to
his building. In the event that there is a leak on a service lateral
between the curbline and the building or within the building, the
property owner shall correct the leak within 10 days from written
notification from the Borough that the leak must be corrected. Failure
to comply with the notice will result in the water being turned off
and/or legal action in accordance with the penalty provisions of this
article.
C.
All systems, existing or new, served by a fire protection
water system in addition to regular service shall have flow alarms
on said fire systems at an outside location approved by the Borough
which shall provide notification to the public of its use; separate
notification shall also be made to the Borough Water Department. Further,
when said fire system is to be checked or cleaned, the Borough Water
Department shall be notified in advance.
D.
In any structure where a bypass around the water meter
is installed, said bypass shall be valved. Further, the valve shall
be sealed by the Borough Water Department. At any time the bypass
is to be used, said Department shall be given prior notification.
All consumers who are billed under the flat-rate
system shall notify the Borough of any additions, deletions or modifications
to outlets within their buildings prior to making any changes. It
shall be the responsibility of any plumber who installs any additional
outlets to any structures within the Borough to notify the Borough
Office of the additional facilities that are installed. All work performed
shall comply in all respects to the Plumbing Code of the Borough.[1]
[1]
Editor's Note: See Ch, 130, Codes, Uniform.
[Amended 6-2-1980 by Ord. No. 800]
A.
No person shall be permitted to sprinkle or wash adjoining
or neighboring premises with Borough water.
B.
No owner of any property shall be permitted nor shall
the owner permit connections from his property to an adjoining or
neighboring property unless required to do so for emergency purposes
by the Borough Manager or his designates.
C.
No attachments shall be made to the water mains or
to any private pipes without a permit to do so from the Borough.
D.
No person shall allow water fixtures to run when not
in use for the purpose for which it was intended.
E.
No person shall allow water to flow continuously in
order to guard against freezing or for any other purpose except for
emergency purposes as may be determined by the Borough Manager or
his designates.
F.
No person shall use any water fixtures for street
or lawn sprinkling other than between the hours of 5:00 a.m. and 8:00
a.m. and between the hours of 7:00 p.m. and 10:00 p.m. and provided
that the proper permits are taken out as stipulated in this article.
G.
No owner of any property shall be permitted nor shall
the owner permit the use of Borough water for the washing of any vehicle
other than a vehicle owned by the owner of the property from which
the water is utilized.
H.
No person shall be permitted to use any fixtures that
cause water hammers to the Borough water system.
I.
No person other than Borough authorized personnel
shall be permitted to install, connect or tamper with any part of
the Borough water system, including the breaking of a Water Department
seal.
A.
Borough Council or its designate may limit or stop
the supply of water in case of emergency and may shut off water for
repairs, replacements or extensions. In no case shall the Borough
of Catasauqua be liable for damages for any insufficient supply of
water.
B.
No claim shall be allowed by the Borough for any damages
arising from shutting off of water to repair mains or service lines
or for any defective mains, service lines or curb stops.
[Amended 6-2-1980 by Ord. No. 800; 4-1-2013 by Ord. No.
1288]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof before any District
Justice, be sentenced to pay a fine of not more than $300 for each
violation, plus the costs of prosecution, and, in default of payment
of such fines and costs, to imprisonment in the Lehigh County Prison
for a period of not more than 30 days. In addition to the above, the
violator shall be charged for water usage in an amount estimated by
the Borough Manager to be that improperly obtained or supplied to
another. Any person found guilty of violating an ordinance shall be
assessed court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings.
