[Adopted 1-7-1959]
[Added 12-18-2019 by Ord.
No. B-213[1]]
As used in this Chapter 193 of the City Code, the following terms shall have the meanings indicated:
The United States Department of Labor, Consumer Price Index
(CPI) Metropolitan Area New York-Newark-Jersey City for all Urban
Consumers. All items, provided that if the Consumer Price Index is
changed so that the base year of the Consumer Price Index changes,
the Consumer Price Index shall be adjusted and converted in accordance
with the conversion factor published by the United States Department
of Labor, Bureau of Labor Statistics.
SUEZ Water Environmental Services Inc., a successor to or
assignee of Hoboken Water Services, and its successors and assigns,
in accordance with the Amended and Restated Operation, Maintenance
and Management Agreement by and among the City of Hoboken and Suez
Water New Jersey, Inc., and Suez Water Environmental Services, Inc.,
effective July 1, 2019.
The Amended and Restated Operation, Maintenance and Management
Agreement by and among the City of Hoboken and Suez Water New Jersey,
Inc., and Suez Water Environmental Services, Inc., effective July
1, 2019.
[1]
Editor's Note: This ordinance also repealed former § 193-1,
Proclamation of emergency.
[Added 12-18-2019 by Ord.
No. B-213]
A.
Proclamation of emergency. Whenever the amount of water in the storage
reservoirs from which the City of Hoboken obtains its municipal water
supply falls below 50% of the full storage capacity of the reservoirs
and the Hydraulic Engineer of the Bureau of Water of the Department
of Public Works, or such engineer as may be in charge of the municipal
water supply, certifies that an emergency exists in such water supply,
the director of the department to which the City of Hoboken Water
Utility has been distributed and who is in charge thereof may, for
the protection of the health, safety and general welfare of the citizens
and residents of Hoboken, proclaim the existence of a water emergency
and prescribe regulations to:
(1)
Prohibit the use of water from the municipal supply for any
purpose not necessary to the health, safety and welfare of the public.
(2)
Prohibit the washing or flushing of sidewalks, the watering
of lawns and other vegetation and the washing of auto vehicles or
railroad and transportation rolling stock and to limit other uses
of water for commercial purposes.
(3)
Allocate and prorate the available water supplies.
(4)
Reduce consumption by users.
(5)
Prevent waste for the period of duration of such emergency.
B.
Power to declare emergency.
(1)
At any time that the Mayor and Council of the City shall by
resolution declare that an emergency exists in the water supply of
the City water system requiring specified measures for conserving
water for any and all uses and for fire protection, the measures will
remain in effect until the Mayor and Council shall by resolution declare
the emergency to have terminated.
(2)
During any emergency, the Mayor and Council may adopt regulations
by resolution, governing the use of water, as they deem necessary
to conserve water in the City. Such regulations may include restrictions
on the use of water for watering lawns, shrubbery, gardens, and vegetation;
the use of water for wetting or washing sidewalks, streets or in private
swimming pools; the washing of automobiles; and any other use of water
the Mayor and Council may feel it necessary to regulate. Failure to
comply with the regulations shall constitute a violation of this article.
C.
Announcement of emergency. The Clerk shall cause any resolution declaring
or terminating an emergency and any regulations adopted to be published
within three days after adoption, for three consecutive days, in a
daily newspaper having a general circulation in the City.
[Amended 12-18-2019 by Ord. No. B-213]
The proclamation of emergency as set forth in § 193-1.1A shall be inclusive of every use of water to be prohibited under § 193-1.1 and shall be binding upon all persons, users and consumers of the City's water supply system upon the filing of the proclamation of emergency in the office of the Municipal Clerk and the publication thereof at least once in a newspaper circulating in the City of Hoboken and the County of Hudson. The regulations set forth in the proclamation and any subsequent regulations made and published as aforesaid, upon filing thereof in the office of the Municipal Clerk, shall become part hereof, the same as if specifically incorporated and set forth herein. Every owner, lessee, tenant and occupant of any building or premises connected with the municipal water supply, and every user thereof, shall, upon the proclamation becoming effective and promulgation of the regulations as aforesaid, become bound thereby in the use of water and the maintenance of the water service connections and equipment.
[Added 10-20-1999 by Ord. No. R-408; amended 12-18-2019 by Ord. No. B-213]
A.
Amendment to contract to include a Water Emergency Communications
Plan. In consideration of the mutual covenants, conditions, and terms
more specifically contained in the Operation, Maintenance and Management
Agreement and as subsequently amended or assigned as referenced herein,
and as to be further amended pursuant to the terms of the attached
Water Emergency Communications Plan,[1] the City Council of the City of Hoboken, County of Hudson,
State of New Jersey, authorizes the Mayor to amend such partnership
agreement and to execute any documents or take any action incidental
thereto to provide for a Water Emergency Plan, and hereby resolves
that the parties shall hereby be bound by same.
[1]
Editor's Note: The Water Emergency Communications Plan referred
to herein may be found on file in the office of the City Clerk.
B.
Enforcement. Any material violation of the obligations of the contract
operator pursuant to the provisions of the Water Emergency Communication
Plan shall result in an administrative penalty in an amount not to
exceed $1,000 for each calendar day such material violation exists.
This shall not be deemed an exclusive remedy, and the City in no way
waives its rights to any other remedies whether at law or in equity.
[Amended 2-1-2017 by Ord.
No. Z-464; 12-18-2019 by Ord. No. B-213; 12-18-2020 by Ord. No. B-319; 12-21-2022 by Ord. No. B-517]
A.
The owner of a building and premises connected with the municipal
water supply shall be responsible for the entire supply line for their
water service pipes from the meter on their property to the main service
line. Upon installation of a corporation stop, bend connection, goose
neck, stop cock, water meter(s) for service line(s), curb box and/or
K Copper service pipe, said item(s) shall become the property of the
owner and shall be deemed as part and parcel of the dwelling. The
owner shall be responsible for replacement and/or repair of any such
item. In no event shall a property owner be permitted to repair, replace,
remove or in any way alter any of the aforesaid items without first
obtaining the prior written consent of the Water Superintendent or
the authorized designee of the City of Hoboken Water Utility. Any
person found to have repaired, replaced, removed, or altered any such
item without prior written consent, as set forth herein, shall be
subject to criminal prosecution pursuant to the general penalty provisions
of the Revised General Ordinances of the City of Hoboken and/or the
laws of the State of New Jersey.
B.
Generally, as to all owners:
(1)
The owner shall keep water pipes and fixtures within their premises and the service pipe (for which the owner is responsible in accordance with Subsection A above) in good repair and shall protect them from frost at their own expense.
(2)
Installation, repairs, and replacement of water service pipes (for which the owner is responsible in accordance with Subsection A above) shall be made by a licensed plumber hired by the property owner and supervised under the direction of a designee of the City. The City shall not connect with plumbing which has not been done by a licensed plumber unless the plumbing has been examined and approved by a licensed plumber. All costs shall be borne by the owner.
(3)
In the case of a leaking supply line (for which the owner is responsible in accordance with Subsection A above), the owner shall be required to contract with a plumber to repair said supply line leak within 48 hours. If no arrangements have been made to repair the leakage within the time prescribed herein, the City shall be permitted to retain a contractor to complete the work for a cost of time and materials, which cost shall be the responsibility of the homeowner and shall be collected as permitted by law. Restoration of lawn areas, shrubs, fences, walkways, driveways, steps, etc., shall be the sole responsibility of the homeowner and not considered as part of the contractor's time and materials costs.
(4)
The installation of water service supply lines for new construction
shall be the responsibility of the owner/developer under the supervision
of a designee of the City. All costs shall be borne by the owner/developer.
(5)
Repairs. When, in the opinion of the Water Superintendent or the authorized designee of the City of Hoboken Water Utility, there exists a condition which may affect water quality, pressure or the accurate recordation of water consumption (for which the owner is responsible in accordance with Subsection A above), the Water Superintendent or the authorized designee of the City of Hoboken Water Utility shall serve a written notice describing the condition and, if known, specifying the required repairs or improvements to be made within 30 days of the date thereof. Upon refusal or neglect of the person so noticed to comply with the requirements of the notice, the Water Superintendent or the authorized designee of the City of Hoboken Water Utility may shut off the water supply to the premises until such work is completed, and/or employ the necessary labor and materials to perform the necessary work.
(6)
Emergency repairs. When, in the opinion of the Water Superintendent or the authorized designee of the City of Hoboken Water Utility, there exists a condition upon a premises which creates an actual or imminent threat to the drinking water or the supply of water (for which the owner is responsible in accordance with Subsection A above), the Water Superintendent or the authorized designee of the City of Hoboken Water Utility shall serve a written notice describing the condition and, if known, specifying the required repairs or improvements to be made within the time prescribed in the notice. Upon refusal or neglect of the person so noticed to comply with the requirements thereof, the Water Superintendent or the authorized designee of the City of Hoboken Water Utility may shut off the water supply to the premises until such work is completed, and/or employ the necessary labor and materials to perform the required work.
(7)
Cost of repairs. Costs incurred by the City or the City of Hoboken
Water Utility for the performance of the repairs and/or improvements
in this section shall be detailed on an invoice to be included with
the water bill for that particular time period in which the repairs
were performed and shall be a first lien or charge against the affected
property. The City or the City of Hoboken Water Utility may thereafter
institute an appropriate action against the owner of the premises
for the recovery of such costs.
(8)
Damages. Users of the municipal water supply system shall not be
entitled to damages, nor shall any part of a payment be refunded for
any stoppage of supply occasioned by an accident to any portion of
the works, nor for stoppage for the purpose of addition or repairs.
The Water Superintendent or the authorized designee of the City of
Hoboken Water Utility shall have the right to shut off the water to
make extensions, alterations or repairs.
(9)
The City and the City of Hoboken Water Utility shall not be liable
for any damage resulting from failure to observe the regulations in
this chapter.
C.
No connection shall be made to a City water main pipe without first
obtaining the approval of the Water Superintendent or the authorized
designee of the City of Hoboken Water Utility. No water service line
shall be approved unless said service line is constructed of K Copper
pipe one inch in diameter or larger. Only personnel of the City of
Hoboken Water Utility and the contract operator, or other persons,
firms or entities which have received written permission from the
Water Superintendent or the authorized designee of the City of Hoboken
Water Utility may tap a water main pipe line or open or close a stop
cock meter or water valve for water service. Any person found to have
tapped a water main pipe line, opened, closed or to have in any way
tampered with a stop cock or water valve without having received express
written permission as required herein, shall be subject to criminal
prosecution pursuant to the general penalty provisions of the Revised
General Ordinances of the City of Hoboken and/or the laws of the State
of New Jersey.
D.
No water user shall supply water to parties not entitled to its use,
except on permission from the Water Superintendent or the authorized
designee of the City of Hoboken Water Utility given in writing, under
penalty of violation of this chapter.
[Amended 7-12-1995 by Ord. No. R-132; 12-18-2019 by Ord. No. B-213]
The contract operator is empowered to act on behalf of the City of Hoboken and to require any action by the citizens and residents of Hoboken that could have been required by the City itself pursuant to the provisions set forth in this Chapter 193.
[Amended 7-12-1995 by Ord. No. R-132]
A.
Every owner of a building or premises connected with the water supply
shall make necessary repairs to prevent the waste of water.
B.
Every lessee, tenant and occupant of a building or premises connected
with the municipal water supply shall immediately notify the owner
or his agent of any defective water service pipes, fixtures or connections
whereby water is being wasted. Every lessee, tenant and occupant of
any such building or premises shall notify the contract operator and
Hoboken Police of any waste occurring by reason of defective water
service pipes, fixtures or connections.
[Amended 12-18-2019 by Ord. No. B-213]
Every owner, lessee, tenant, occupant or other person in charge
of any building or premises connected with the municipal water supply
shall admit thereto the authorized agents and employees of the City
for the purpose of inspecting the water service pipes, fixtures and
connections.
[Amended 12-18-2019 by Ord. No. B-213]
Every owner and water user shall, upon notice of any waste of
water due to defective water service pipes, fixtures or connections,
forthwith make the repairs necessary to prevent such waste.
[Amended 3-4-1981 by Ord. No. C-188; 7-12-1995 by Ord. No. R-132; 12-18-2019 by Ord. No. B-213]
A.
Notice. Service of notices pursuant to this section shall be upon
the owner of the premises at which repairs are required or the person
specified as agent for receipt of same. Service may be made by personal
delivery or by leaving a copy at the dwelling house or usual place
of abode of such person, with a competent member of his/her household
of the age of 14 years or older residing therein, or by any other
method or upon any other person approved pursuant to Rules 4:4-4 and
4:4-5 of the New Jersey Supreme Court, or which is otherwise consistent
with due process.
B.
Involuntary termination of service.
(1)
The contract operator or the City, as applicable, may, upon reasonable
notice, when such notice can be reasonably given, suspend, curtail
or discontinue service for the following reasons:
(a)
For the purpose of making permanent or temporary repairs, changes
or improvements in any part of its system.
(b)
For compliance in good faith with any governmental order or
directive, notwithstanding that such order or directive subsequently
may be held to be invalid.
(c)
For any of the following acts or omissions on the part of the
customer:
[1]
Nonpayment of any valid bill due for service furnished at any
present or previous locations.
[2]
Connecting to or disconnecting a meter or in any way tampering
or interfering with a meter or remote meter reading device or tampering
with any other facility owned by the City of Hoboken or by the contract
operator without permission.
[3]
Fraudulent representation in relation to the use of service.
[4]
Moving from the premises, unless the contract operator and the
City of Hoboken Water Utility are notified that service is to be continued.
[5]
Providing water service to others without the approval of the
contract operator and the City.
[6]
Failure to make any payment due the contract operator.
[7]
Connecting or operating any piping or other facility in such
manner as to adversely affect the safety or adequacy of service provided
to other present or prospective customers.
[8]
Failure to remove any nonconforming temporary or permanent physical
connection or interconnection to any unapproved source of supply.
[9]
Willful waste of water through improper or imperfect pipes,
fixtures or otherwise.
[10]
Failure to maintain in good order all piping, connections, fixtures
owned by the customer, backflow prevention devices or approved physical
connection installations.
[11]
Failure to comply with the terms and conditions contained in
this article or any other ordinance, rule or procedure validly set
forth by the City of Hoboken or by the contract operator relating
to the supply of water by the contract operator and the City or because
of violation of any law or the rules, regulations, orders or restrictions
of any governmental authority or body having jurisdiction.
[12]
Where the condition of the customer's installation presents
a hazard to life or property.
[13]
Failure to install a meter within 90 days after tapping.
[Added 3-18-2020 by Ord. No. B-248]
(d)
For refusal to allow reasonable access to the customer's premises
for necessary purposes in connection with rendering of service, including
meter installation, reading or testing or the maintenance or removal
of the property of the City of Hoboken or of the contract operator.
(e)
When two or more parties take water through one service pipe,
the provisions in this section shall apply to all the parties, although
one or more of them may be innocent of any cause of offense.
(2)
Water service shall be restored when the conditions under which such
service was discontinued are corrected. Where water service is discontinued
for nonpayment of any bill or charge owed to the contract operator,
service will not be resumed until payment or satisfactory arrangements
for payment have been made.
(3)
Suspended, curtailed or discontinued service shall not preclude the imposition of fees as provided in § 193-12.
(4)
An opening in the street/sidewalk, adjacent to the customer's residence,
where the main that provides water to the premises and where the shutoff
or similar device are located is necessary for termination.
(a)
Where termination of service is effectuated by the contract
operator, it may/will move and/or install a new curb stop and shutoff
valve or similar device to the street, curb or sidewalk area within
the right-of-way. Installation of a shutoff valve or similar device
at the curb will facilitate future restoration or termination of service
and will reduce the costs thereof, whether such termination is voluntary
or involuntary, when and if such termination becomes necessary.
(b)
The customer will bear the cost of the termination, including
the cost of excavation, backfilling and pavement restoration, and
will bear the cost of the labor and materials required to install
the curb stop and shutoff device, including the cost of repair of
the street and/or sidewalk.
(c)
Although the customer will be charged for the actual curb stop
and shutoff device, the contract operator, as well as the City of
Hoboken, shall have the right to operate same.
(d)
The charge for termination, road opening, pavement restoration
and installation of the curb stop and shutoff device at the curb is
$2,350.
(e)
The cost of repairs shall become a lien upon the premises until
paid and satisfied.
C.
Payment of bills and notice of discontinuance for nonpayment.
(1)
Single-family dwellings and commercial establishments.
(a)
Service will not be terminated for nonpayment of bills for consumption
of water until the expiration of a thirty-day period following the
date on which payment is due.
(b)
At least 10 days' time for payment shall be allowed after sending
a bill.
(c)
Termination for nonpayment of bills for consumption of water
will not occur without at least 10 days' written notice of the City
of Hoboken Water Utility's intention to discontinue to the last known
address of the property owner of record and to the customer responsible
for payment of the bill, if such customer is not the property owner.
The notice of discontinuance shall not be served until after the expiration
of the ten-day period allotted for payment.
(d)
Notwithstanding the notice requirements contained in the foregoing
subsections, in cases of fraud, illegal use or when the contract operator
or the City of Hoboken reasonably believes that the customer is preparing
to vacate the premises served, an immediate payment for all services
rendered will be required. In cases of bankruptcy where the contract
operator, Mid-Atlantic Utilities or the City of Hoboken is a listed
creditor, the contract operator and the City of Hoboken may require
the customer or trustee in bankruptcy to furnish it with adequate
assurances of payment in accordance with the Bankruptcy Code.
(2)
Multiple-family dwellings.
(a)
Service will not be terminated for nonpayment of bills for consumption
of water until the expiration of a thirty-day period following the
date on which payment is due.
(b)
At least 10 days' time for payment shall be allowed after sending
a bill.
(c)
Termination of service to a multiple-family dwelling for nonpayment
of bills for consumption of water will not occur without at least
10 days' written notice of the City of Hoboken Water Utility's intention
to discontinue. Notice shall be sent to the last known address of
the property owner of record and to the customer responsible for payment
of the bill, if such customer is not the property owner. Additionally,
termination for nonpayment of bills will not occur until at least
seven days after the building has been posted with a notice of termination
and the local Health Department has been notified. The notice of discontinuance
shall not be served and the posting of notice shall not take place
until after the expiration of the ten-day period allotted for payment.
(d)
Notwithstanding the notice requirements contained in the foregoing
subsection, in cases of fraud, illegal use or when the contract operator
or the City of Hoboken reasonably believes that the customer is preparing
to vacate the premises served, an immediate payment for all services
rendered will be required. In cases of bankruptcy where the contract
operator, Mid-Atlantic Utilities or the City of Hoboken is a listed
creditor, the contract operator and the City of Hoboken may require
the customer or trustee in bankruptcy to furnish it with adequate
assurances of payment in accordance with the Bankruptcy Code.
D.
Termination of service at customer request.
(1)
If a customer wishes to have services terminated because of a suspected
leak or leaks or for any other reason, the customer may contact a
licensed plumber or may ask that the contract operator terminate service
with notice to the City of Hoboken Water Utility.
(2)
The contract operator may, in its sole discretion, terminate service
at customer request but will neither seek to detect nor repair a leak
or leaks. Rather, the contract operator obligation will be to terminate
and restore service when any such leak is detected and/or repaired.
(3)
An opening in the street/sidewalk, adjacent to the customer's residence,
where the main that provides water to the premises and where the shutoff
valve or similar device are located is necessary for termination.
(a)
When termination of service is effectuated by the contract operator,
it will, at customer request, move and/or install a new curb stop
and shutoff valve or similar device to the curb, street or sidewalk
area within the right-of-way. Installation of a shutoff valve or similar
device at the curb will facilitate future termination and restoration
of service and will reduce the costs thereof, whether such termination
is voluntary or involuntary, when and if such termination becomes
necessary.
(b)
The customer will bear the cost of the termination, including
the cost of excavation, backfilling and pavement restoration, including
the repair of the street and/or sidewalk. If the customer chooses
to have a curb stop and shutoff device installed at the curb (which
must be effectuated at the time of termination), the customer will
also bear the cost of the labor and materials required to install
the curb stop and shutoff device.
(c)
Although the customer will be charged for the actual curb stop
and shutoff device, if he or she chooses to have them installed at
the curb, the contract operator as well as the City of Hoboken shall
have the right to operate them.
(d)
The charge for termination, road opening and pavement restoration
is $2,350.
(e)
The charge for installation of the curb stop and shutoff device
at the curb is $2,350.
E.
Definitions. As used in this article, the following terms shall have
the meanings indicated:
(1)
"Customer" shall mean any individual, partnership, firm, corporation,
agency, or landlord who is responsible for payment of service or who
has otherwise sought services from the contract operator or the City
of Hoboken Water Utility with regard to the supply of water.
F.
Construction of section.
(1)
Nothing contained in these provisions shall be construed or interpreted
to limit, restrict or narrow any right, power or obligation given
to the City of Hoboken or to any entity acting on its behalf by any
law, rule, regulation or order of any governmental authority or body
having jurisdiction.
(2)
Nothing contained in these provisions shall be construed or interpreted
to limit, restrict or narrow any provision of any ordinance previously
adopted by the City of Hoboken, as they currently read or as they
may, from time to time, be amended, except as where such provision
may contradict the provisions or any of them herein contained.
G.
Access to the customer premises. The contract operator shall have
the right of reasonable access to the customer's premises and to all
property it has furnished and all property owned by the customer at
all reasonable times for any purpose relating to the provision of
water service, including, but not limited to, the inspection of the
customer's premises incident to the rendering or termination of service;
reading meters; or inspecting, testing or repairing any facilities
used in connection with the supply of water or for removal of the
contract operator's property and City's property.
All users of water from the municipal water supply, by and under
any contract, ordinance or statute, are bound by the provisions hereof
and by the regulations promulgated under any proclamation.
The City of Hoboken has the right to invoke any and all provisions
of this article in the event of a serious accident, breakdown or any
cause beyond the City's control of its water transmission mains or
distribution system, which shall be construed as an emergency existing
in the water supply.
[Added 11-4-1987 by Ord. No. V-140]
Any person or persons violating any of the provisions of this
article shall, upon conviction thereof, be subject to a fine not to
exceed $1,000 or imprisonment for a term not to exceed 90 days, or
both.
