[Ord. 658, 10/4/1984, § 1.1]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this Part shall be as follows:
The Borough of Elizabethtown, Lancaster County, Pennsylvania,
political subdivision.
Any person vested with ownership, legal or equitable, sole
or partial of any property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Any building, group of buildings or land within the Borough
and designated or separate, distinct parcel on the real estate map
of the Borough.
The water distribution facilities, including all related
facilities to be constructed, installed or acquired by or for the
Borough, including all property, real, personal and mixed, rights,
powers, licenses, easements, rights-of-way, privileges, franchises
and other property or interest in property of whatsoever natures used
or useful in connection with such facilities, and together with all
additions, extensions, alterations, improvements and betterments from
time to time, by or for the Borough.
[Ord. 658, 10/4/1984, § 2.1]
The owner of any property abutting upon any street in which
there is a water main which is part of the water system, shall connect
such property therewith, in such manner as the Borough may require,
within 60 days after notice to such owner from the Borough to make
such connection, for the purpose of conducting water to said property,
subject to such limitations and restrictions as shall be established
by the Borough from time to time.
[Ord. 658, 10/4/1984, § 2.2]
The notice by the Borough to make a connection to the Water
System, referred to in § 202, shall consist of a copy of
this Part, including any amendments at the time in effect, and a written
or printed document requiring such connection in accordance with the
provisions of this Part and specifying that such connection shall
be made within 60 days from the date such notice is given. Such notice
may be given at any time after a water main is in place which can
be connected to the property and conduct water thereto. Such notice
shall be served upon the owner either by personal service or by registered
mail or by such other method as at the time may be provided by law.
[Ord. 658, 10/4/1984, § 2.3]
In the event that it is determined by the Borough's employees
or representatives that the owner's method of conducting water from
the water system to the property, whether by piping, or otherwise,
is defective, causing the water system to lose water and/or pressure,
it shall be the obligation of the owner, within 10 days after notice
to such owner from the Borough, to repair the defective condition.
[Ord. 658, 10/4/1984, § 2.4]
The notice by the Borough to repair a defective condition, referred
to in § 204, shall consist of a written or printed document
requiring the defective condition to be remedied within 10 days from
the date such notice is given. Such notice shall be served upon the
owner either by personal service or by registered mail or by such
other method as at the time may be provided by law.
[Ord. 658, 10/4/1984, § 2.5]
If the owner of any property located in the Borough after 10
days notice from the Borough, in accordance with §§ 204
and 105 hereof, shall fail to correct and remedy the defective condition
as required, the Borough may repair and remedy the defective condition
and shall collect from such owner the costs and expenses thereof.
In such case, the Borough shall forthwith, upon completion of the
work, send an itemized bill of the costs of the repairs to the owner
of the property upon which repairs have been so made, which bill shall
be payable forthwith. In case of neglect or refusal by the owner of
such property to pay said bill, the Borough shall file a municipal
lien for said repairs, the same to be subject in all respects to the
general law provided for the filing and recovery of municipal liens.
[Ord. 658, 10/4/1984, § 2.6]
The Borough, its employees or representatives shall have the
right from time to time, as cause appears, to enter upon the premises
of any owner for the purposes of inspecting such owner's property,
for the purposes of enforcing any provision of this Part.
[Ord. 658, 10/4/1984, § 3.1]
No connection shall be made to the water system except in compliance
with the ordinances and rules and regulations of the Borough. It shall
be the responsibility of the owner of the property to connect to the
water system in strict compliance with this Part and rules and regulations
of the Borough. In the event the owner shall not so comply, the Borough
shall have the same remedy hereunder as is set forth in § 210
for failure to connect.
[Ord. 658, 10/1/1984, § 3.2]
The Borough reserves the right to adopt, from time to time,
additional rules and regulations as it shall deem necessary and proper
relating to connections with the water system, which additional rules
and regulations, to the extent appropriate, shall be and shall be
construed as a part of this Part.
[Ord. 658, 10/4/1984, § 10]
If the owner of any property located in the Borough and whose
property abuts upon any street in which there is a water main being
part of the water system, after 60 days' notice from the Borough,
in accordance with § 202, shall fail to connect such property
as required, the Borough may make such connection and shall collect
from such owner the costs and expenses thereof. In such case, the
Borough shall forthwith, upon completion of the work, send an itemized
bill of the cost of the construction of such connection to the owner
of the property to which connection has been so made, which bill shall
be payable forthwith. In case of neglect or refusal by the owner of
such property to pay said bill, the Borough shall file a municipal
lien for said construction within six months of the date of the completion
of the construction of said connection, the same to be subject in
all respects to the general law provided for the filing and recovery
of municipal liens.
[Ord. 658, 10/4/1984, § 4.1; as amended by Ord.
829, 11/15/2001]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
[Ord. 658, 10/4/1984, § 12]
Fines and costs imposed under provisions of this Part shall
be enforceable and recoverable in the manner at the time provided
by applicable law.
