Borough of Mars, PA
Butler County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Mars 4-4-1960 by Ord. No. 200. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 107.
Property maintenance — See Ch. 179.
Subdivision and land development — See Ch. 230.
[Amended 5-14-1990 by Ord. No. 359; 9-8-2003 by Ord. No. 408; 12-27-2004 by Ord. No. 413[1]]
The following schedule of water rates shall be charged consumers of water:
A. 
Unit base rate: as set by resolution of the Borough Council.
B. 
The tapping fee for a standard three-quarter-inch service line for residential connections and for a standard one-inch service line for residential connections shall be as set by resolution of the Borough Council, uniformly applied to all such service applications for the Borough of Mars Water System.
C. 
The tapping fee for service lines larger than one inch shall be as set by resolution of the Borough Council, plus costs to install the service facility over the average installation cost.
D. 
Fire hydrant rental: as set by resolution of the Borough Council.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Upon written application by the owner or his properly authorized agent, on forms furnished by the Borough, for the immediate and continuous supply of water to premises abutting on a public highway in which a main pipe of the distribution system of the Borough is located, the Borough will install, own and maintain the service connection from said main pipe to the curbline of said public highway adjoining said premises.
B. 
"Service connection" is hereby understood to include the corporation cock, the pipe from the corporation cock to the curb stopcock, the curb stopcock and curb box.
C. 
The Borough shall determine the size of all service connections.
D. 
No water supply will be furnished except upon written application by the property owner or the consumer on forms supplied by the Borough and accepted by it or its duly authorized employee.
E. 
Water service, excepting that supplied through separate service connection for the extinguishment of fires, will be furnished only by meter measurement.
F. 
A new application must be made and approved by the Borough upon any change of ownership or property or in the service described in the application, and the Borough shall reserve the right, upon five days' notice, to discontinue the water supply until such application has been made and approved.
G. 
Applications for temporary service are subject to the following conditions:
(1) 
The applicant shall furnish all materials.
(2) 
The installation shall require the approval of, and all work shall be performed under the direction of, the Borough Superintendent.
(3) 
All pipes, fittings, meters, etc., shall be removed by the applicant when the applicant desires the water service discontinued. If corporation cocks have been installed, they shall remain in the waterline when the piping is removed. Such corporation cocks will be considered the property of the Borough, without any expense to it. It is further understood that the applicant is to bear the full expense of the installation and removal. The Borough will furnish the supervision and inspection.
A. 
A deposit may be required from consumers taking service for a period of less than 30 days, in an amount equal to the estimated gross bill for such temporary period. Where water service has been turned off because of delinquent payment of bills, a deposit as set by resolution of the Borough Council, in addition to a turn-on charge as set by resolution of the Borough Council, shall be required before water service is resumed. Deposits may be required from all other consumers, provided that in no instance will deposits be required in excess of the estimated gross bill for any single billing period plus one month (the maximum period not to exceed three months), with a minimum amount as set by resolution of the Borough Council.
[Amended 5-14-1990 by Ord. No. 359[1]]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Deposits shall be returned to the depositor when he shall have paid undisputed bills for service over a period of 12 consecutive months, and any consumer having secured the return of a deposit will not be required to make a new deposit unless the service has been discontinued and the consumer's credit standing impaired through failure to comply with this chapter.
C. 
Upon deposits held for more than a year, the Borough will pay to the depositor, at the end of each calendar year ending December 31, the interest accrued thereon at the rate of 2% per annum.
D. 
Any consumer having a deposit shall pay all bills as rendered in accordance with the rules of the Borough, and the deposit shall not be considered as payment of a bill during the time the consumer is receiving service.
A. 
The Borough will provide and maintain at its own cost the ferrule and coupling at the connection of the service line and main and provide the curb box and curb stopcock, all of which shall be and remain the property of the Borough, accessible to any under its control, and all connections from the curb box shall be provided, installed and maintained by the applicant at his expense.
B. 
All connections, appliances, and fixtures furnished by the applicant shall be of proper material and shall be installed in an approved workmanlike manner and shall be maintained by him in good order, and all valves, meters and appliances furnished and owned by the Borough and on the property of the applicant shall be properly protected and cared for by the applicant. All leaks in any connection, appliance or fixture furnished by the applicant must be immediately repaired by the applicant or occupant of the premises.
C. 
All pipes, meters and fixtures shall at all reasonable hours be subject to inspection by employees of the Borough identified by proper credentials.
D. 
The Borough shall in no event be responsible for maintaining the lines and fixtures on the applicant's property or for damage done by water escaping therefrom, and the applicant shall at all times comply with municipal regulations with reference thereto and make changes therein required on account of changes of grade, relocation of mains, or otherwise.
E. 
The Borough reserves the right to make a reasonable charge for extensions of its supply lines when, in its judgment, the cost of such extension is not justified by the revenue to be obtained.
A. 
All meters shall be accessible and conveniently located at a point approved by the Borough so as to control the entire supply, and a suitable place and protection therefor shall be provided by the applicant. The applicant shall furnish a flatway stopcock on the service line on each side of and near the meter and a check valve between the meter and any hot-water boiler or heater.
B. 
The applicant shall notify the Borough of any injury to, or the nonworking of, the meter as soon as it comes to his knowledge.
C. 
Meters will be maintained by the Borough so far as wear and tear are concerned, but damage due to freezing, hot water, or external causes shall be paid for by the applicant.
D. 
In case of a disputed account involving the accuracy of a meter, such meter shall be tested upon the request of the applicant. In the event the meter so tested is found to have an error in registration of 4% or more, the bills will be decreased or increased accordingly.
E. 
Each request for the test of a meter for accuracy shall be accompanied by a deposit, the amount of which shall be determined by size of the meter, as set by resolution of the Borough Council.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
If the meter so tested shall be found to have an error in registration of less than 4%, the deposit shall be retained by the Borough as compensation for such test; if the error is found to be 4% or more, then the cost of the test shall be borne by the Borough, and the amount of the deposit shall be returned to the applicant.
G. 
Where water is furnished by meter, the quantity recorded by it shall be conclusive on both the applicant and the Borough except when the meter has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by the average registration of the meter when in order, or by such other fair and reasonable method as shall be based upon the best information obtainable.
A. 
Service under any application may be discontinued for any of the following reasons:
(1) 
For misrepresentation in application as to property or fixtures to be supplied or the use to be made of the water supply.
(2) 
For the use of water for any other property or purpose other than that described in the application.
(3) 
For allowing an additional family to move into premises without notice to the Borough.
(4) 
For willful waste of water through improper or imperfect pipes, fixtures, meters or otherwise.
(5) 
For failure to protect and maintain in good order the meter connections, lines or fixtures.
(6) 
For nonpayment of any bill for more than 10 days after the same is due.
(7) 
For molesting any service pipe, meter curb, stopcock, seal, or any other appliance of the Borough controlling or regulating the water supply.
(8) 
In case of vacancy of premises.
(9) 
For violation of any rule of the Borough.
B. 
No water fixture or appliance in connection therewith will be considered cut off until it is disconnected so that it cannot be used again or is sealed in a manner satisfactory to the Borough.
C. 
No plumber, owner, or other unauthorized person shall turn the water on or off at any corporation stop or curb stop or remove the meter.
D. 
The Borough reserves the right to shut off the water in its mains at any time, without notice, for making repairs, extensions or alterations, but will, so far as possible, notify consumers of the intention to shut off. It is expressly stipulated by the Borough that no claim shall be made against it or the municipality by reason of the breaking of any pipe or for any other interruption of the supply of water. No person shall be entitled to any damages or to have any option of payment refunded for any stoppage for purpose of additions or repairs which, in the opinion of the Borough, may be deemed necessary or for causes beyond its control.
E. 
In case of scarcity of water or whenever, in its judgment, the public welfare may require it, the Borough shall have the right to reserve a sufficient supply of water at all times in its reservoirs to provide for fire and other emergencies or may restrict or regulate the quantity of water used by consumers.
F. 
A turn-on charge as set by resolution of the Borough Council shall be paid where water has been turned off for any violation of the terms of the application or rules of the Borough or for any reason stated under this section. In such cases, the water will not be turned on until after all sewer bills, water bills, repair bills and other accounts due the Borough shall have been paid.
[Amended 5-14-1990 by Ord. No. 359[1]]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall take water from any fire hydrant except for fire purposes or use of the Fire Department in case of fire. No public fire hydrant shall be used for sprinkling streets, flushing sewers or gutters, or for other reasons than fire purposes unless permitted by the Borough for the particular time and occasion.
B. 
It shall be expressly understood and agreed by and between the parties receiving private fire service and the Borough that the Borough does not assume any liability as insurers of property or person, and that the agreement does not contemplate any special service, pressure, capacity or facility other than the ordinary or changing conditions of the Borough which exist from day to day. The Borough hereby declares, and it is agreed by the consumer, that the Borough shall be free and exempt from any and all claims for injuries to persons or property by reason of fire, water, failure to supply water, pressure or capacity.
C. 
Private fire service will be furnished only through separate lines. All service lines used for fire service shall be kept separate and distinct from service lines used for consumption.
D. 
There shall be filed as part of each application for private fire service (and, if required, of all applications for special services or supplies) full details, plans, or copies thereof, showing the location of all pipes, valves and hose connections.
As used in this chapter, the following terms shall have the meanings indicated:
A. 
The party contracting for service to a property coming within one of the following classifications:
(1) 
A building under one roof and occupied as one residence or business.
(2) 
A combination of buildings in one enclosure and occupied by one family or one business.
(3) 
One side of a double building having a vertical partition wall.
(4) 
Each part of a building occupied by more than one family or business where each has independent or exclusive use of water fixtures.
(5) 
Each apartment, office, suite of offices or living quarters having independent water fixtures located in a building having several such apartments, offices, suites of offices or living quarters and using in common one hall and one or more means of entrance.
(6) 
Each apartment having independent water fixtures located in a group of buildings having a number of such apartments owned and controlled by a single owner.
B. 
Each consumer will be supplied through a separate service line and through a separate meter except in cases defined in Subsection A(3) though (6) above. The 5/8 inch meter rate schedule will be applied regardless of the size of the meter installed.
A. 
No service pipe shall be extended into two distinct premises or across lots on adjoining premises unless separate stopcock and box is placed for each property. In case the Borough permits two or more consumers to be supplied through one service pipe, and either of the parties fails to make payment when due, or if either violates any rule of the Borough, the water may be turned off from such premises.
B. 
No such action involving the shutting off of the supply of any innocent building, family or establishment, however, will be taken without first affording the owner or tenant of the premises opportunity on five days' notice to make a new application for the supply of such building, family or establishment through a separate service line and meter.
C. 
Every building and every portion of a block or row of buildings that is capable of independent ownership shall be deemed a premise within the meaning of this chapter and shall have its own separate service except as noted above. Apartment houses or office buildings under a single roof shall be metered for each consumer, or the owner shall be responsible for all water used.
A. 
There shall be no service rendered free of charge.
B. 
Meters shall be read and bills sent to customers on a schedule established by Borough Council.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
If bills are not paid by the due date, the Borough shall add to the bill 10% as penalty. In the case of bills to the Commonwealth of Pennsylvania, any department or institution thereof, or to any agency of the federal government, the nonpenalty provisions of all schedules are extended so as to provide a thirty-day period during which payment may be made at net rates.[2]
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Water service will be disconnected to customers who fail to pay total amount due on water bills on a schedule established by Borough Council. Service will be reconnected when total bill and late fees, along with a reconnect fee, are paid. The reconnect fee will be established by Borough Council.
[Amended 5-14-1990 by Ord. No. 359[3]]
[3]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The Borough will accept remittances bearing local postmarks of the last day for payment without penalty.
F. 
Where special service rates are fixed or cost of service of any kind is estimated, payment must be made at the time application is submitted and before the service is granted.
G. 
Bills of notices relating to the Borough or its business will be mailed or delivered to the property owner's or consumer's last address, as shown by the books of the Borough, and the Borough shall not otherwise be responsible for delivery. The Borough shall send all such notices and bills to the address given on the application for services until a notice of change has been filed, in writing, with the Borough by the applicant.
H. 
Payment of bills in advance of furnishing services of the following character may be required:
(1) 
Seasonal service when elected to be so taken by the consumer.
(2) 
Construction of facilities and furnishing special equipment.
(3) 
Restoration or reconnection of service where service has been actually discontinued for the consumer's failure to comply with the provisions of this chapter.
I. 
Home and building owners, not tenants, are responsible for the payment of water bills and fees on their properties.[4]
[4]:
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No agent or employee of the Borough shall have authority to bind any promise, agreement or representation not provided for in this chapter, unless such authority is in writing and signed by the Secretary of the Borough Council.
B. 
Steam users taking their supply of water for boilers directly from the service line and depending upon the pressure in the mains for supplying such boilers under working pressure will do so at their own risk. Such consumers should provide themselves with tanks or cisterns to furnish a temporary supply in case of shutting off of water because of accident or other cause.
C. 
The Borough shall have the right, in case of the violation of any of the provisions of this chapter by a consumer, to turn off the water, whether or not so stated in the section violated.
D. 
Consumers must keep their service pipes, fixtures, and waste cocks in order at their own expense. The service pipe inside the premises must be at least four feet underground.
E. 
All service pipes and fixtures must be subject to inspection and approval by an authorized agent of the Borough before water is turned on. No person except an authorized agent of the Borough will be permitted to turn the water on or off.
F. 
The Borough or its authorized agents are the sole persons who may lawfully interfere with anything pertaining to or belonging to the Borough or the management thereof. No unauthorized person shall be permitted to tap or make any connection or attachment with or to the main distributing pipes of the Borough or to turn on the water again at any point or place where it has been turned off by the order of the Borough.
G. 
The Borough reserves the right to regulate the use of cross-connections from another source of its mains.
H. 
Water for construction purposes will be furnished after a suitable deposit has been made, the minimum charge being as set by resolution of the Borough Council. This minimum charge is for dwellings of six rooms or less. Charges for larger structures will be determined by the Borough in each individual case, or by the installation of the proper size meter.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
The deposit may be applied by the Borough to cover charges for water taken as shown by meter readings, the balance to be refunded. In case the charge should exceed the deposit, the entire deposit shall be applied, and, upon presentation of the bill, the balance due must be paid immediately, and, if such use has not been discontinued, the deposit must be renewed.
J. 
No persons shall remove, obstruct, or in any way injure any fire hydrant, valve boxes or covers, stopcock covers or boxes of the Borough.
K. 
No persons shall make any connection with the mains or distributing pipes of the Borough or turn on or shut off the water from any premise.
The rentals or charges hereby imposed shall become effective immediately or at the time of connection to the water system, as the case may be.
Any person violating the provisions of this chapter shall be punishable for each offense by a maximum fine of $300 or by imprisonment for not more than 90 days.
[1]:
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).