[Adopted 3-14-2011 by Ord. No. 806-11[1]]
[1]
Editor's Note: This ordinance also provided that it does
not have a retroactive effect and is not to apply to any service line
issue which occurred prior to the effective date of the ordinance.
The following words, terms and phrases when used in this article
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any party applying for water service or a water main extension.
The Borough of Zelienople, Butler County, Pennsylvania.
The line through which water is transmitted from the water
main line to the curb.
An outside shutoff valve that is the property of the Borough,
in the proximity of the curb, that also marks the end of the Borough
service line and the beginning of the customer service line.
Any party contracting with the Borough for water service.
The line through which water is transmitted from the curb
stop to the user.
Any property upon which a dwelling, capable of human habitation,
has been constructed.
A customer who owns a rental property.
A device used for the purpose of measuring water consumption,
including exterior remote reading device and wiring.
Anyone who creates a demand for water and engages in the
consumption thereof.
The line(s) through which water is transmitted throughout
the distribution system.
A.
The customer service line is the line through which water is transmitted
from the curb stop to the user location and which provides water service
for the owner or tenant of any property being served with Borough
water.
B.
In the case of any rental property, the landlord shall be responsible
for adhering to all Borough rules and regulations and the provisions
contained herein.
C.
All connections, service lines and fixtures furnished by the customer
shall be maintained by the customer in good order. All valves, meters
and appliances furnished and owned by the Borough and on the property
of the customer shall be protected properly by said customer.
D.
The Borough shall be responsible for the maintenance and repair of
the Borough service lines from the water main through the curb stop.
The customer is responsible for the maintenance and repair of the
customer service line from the curb stop connection to the user's
property/structure.
E.
All leaks in the customer service line or any other pipe or fixture,
in or upon the premises supplied, must be repaired within five business
days by the property owner upon receipt of notice of the leak. In
the event the repair fails to be made, the Borough shall discontinue
service after having given at least five calendar days' notice.
F.
The Borough shall not be responsible for maintaining any portion
of the customer service line, or for any damage done by water escaping
therefrom, or from lines or fixtures on the customer's property.
A.
Discontinuance by the customer.
(1)
All agreements covering service for water shall continue in force
unless and until reasonable notice is given of a desire to terminate
the service. Water will be turned off from any premises upon the request
of the customer without in any way affecting the existing agreements
for service. Reasonable notice is construed as a minimum of three
working days' advance notification of the time the turnoff is
desired.
(2)
In the case of a rental property, the Borough will not terminate
water service to said property simply to accommodate the wishes of
an owner who desires to use the discontinuance of service as a means
to evict the tenants.
B.
Discontinuance by the Borough.
(1)
The Borough may discontinue service, with five days' notice,
for any of the following reasons:
(a)
For the use of water for any other property or purpose other
than that described in the application.
(b)
For willful waste of water through improper or imperfect pipes,
fixtures or otherwise, such as leaks in pipes or fixtures.
(c)
For tampering with any service line, curb stop, meter or meter
setting.
(d)
In cases of abandonment of the premises.
(e)
For nonpayment of any charges accruing under the service.
(f)
For refusal of reasonable access to the property for purposes
of inspecting, reading, maintaining or removing meters.
(g)
For making or refusing to remove any cross connections.
(h)
For not complying with mandatory water conservation rules and
regulations imposed by the Borough during times of limited water supply.
(i)
For violation of any of the rules and regulations governing
the use of water.
(2)
If service is discontinued by the Borough for any of the reasons
listed above, a service charge will be assessed. The disconnect service
charge shall be set by the Borough Council.
(3)
The Borough may discontinue service, without notification, if a significant
leak is detected between the water main line and the water meter.
C.
Turning water on/off without authority. The customer shall not turn
the water on or off without the express, written authority of the
Borough. Any violation of this provision shall be subjected to a fine
of not more than $1,000 and possible criminal prosecution. Each day
that a violation continues shall be considered a separate offense.
D.
Emergency turnoff.
(1)
As necessity may arise in case of a breakdown, emergency or for any
other unavoidable or unforeseeable cause, the Borough shall have the
right to cut off the water supply temporarily in order to make necessary
repairs, connections, etc. The Borough shall use all reasonable measures
to notify the customer or user of such discontinuance of service.
In such case, the Borough shall not be liable for any damage or inconvenience
suffered by the customer or user or any claim against it at any time.
When a supply of water is to be temporarily cut off, notice will be
given when practicable, to all customers or users affected.
(2)
In the event an emergency turnoff is necessary, the turnoff shall
be performed by the Borough or an entity approved by the Borough.
E.
Obstructing the curb box.
(1)
If obstructions are placed over, in or around curb boxes in such
a manner as to prevent normal operation of the curb stop or to result
in damage to the curb box, curb stop or service line, the Borough
shall terminate water service at the curb stop and plug the curb box
or disconnect the service line or turn the water off at the corporation
stop or ferrule as it may deem necessary.
(2)
Prior to renewal of service, the customer shall pay to the Borough
the expenses incurred in terminating and renewing service, including
but not limited to the cost of necessary trenching, backfilling, cutting
and replacing pavement, sidewalk or curbing. The customer shall also
settle any unpaid invoices for water or other service and make a satisfactory
deposit to insure the payment of future water bills.
The Borough shall restore service when the conditions under
which such service was discontinued are corrected and all back billings
for service, including the discontinuance of service charge and the
restoration service charge have been paid. The restoration service
charge shall be set by the Borough Council. The service charges shall
not apply to emergency turnoffs.
A.
If while updating or repairing a Borough service line it is discovered
that the service line is made of lead piping, the Borough shall be
responsible for replacing the Borough service line with copper, plastic
or any other Borough-approved piping.
B.
If while replacing or repairing a service line it is determined that
the customer service line is made of lead piping, the property owner
shall have the following options:
