[Ord. 812, 6/15/2000, § 1]
This Part shall be known and may be cited as the "Elizabethtown
Borough Water Rates and Regulations ordinance."
[Ord. 812, 6/15/2000, § 2]
1.
In the interpretation of this Part, the singular shall include the
plural, and the masculine shall include the feminine and the neuter.
2.
BOROUGH
CONSUMER
COUNCIL
CUSTOMER
DWELLING UNIT
NONRESIDENTIAL UNIT
OWNER
PERSON
PROPERTY
UNIT OF OCCUPANCY
WATER SYSTEM
All words and phrases defined herein shall have the meaning set forth
below:
The Borough of Elizabethtown, Lancaster County, Pennsylvania.
Every separate family, person, business, institution, or
other entity that occupies a single unit of occupancy and receives
public water from the water system.
Borough Council of the Borough acting through its designated
representatives.
An owner of a property which contains a unit of occupancy
that contracts for water service to such unit of occupancy.
An improved property or portion thereof containing one room,
a group of rooms, mobile home, building or other enclosure connected,
directly or indirectly, to the water system and occupied or intended
for occupancy as a separate living quarters by a family or any other
group of persons living together or by a person or persons living
alone. By way of example and not by way of limitation, a dwelling
unit shall be considered each:
A separate unit in an improved property other than a dwelling
unit. A nonresidential unit shall include, but not be limited to,
each quarters for separate commercial, industrial or institutional
customer.
Any person having an ownership interest, whether legal or
equitable, sole or partial, in any property.
Any individual, association, partnership, public or private
corporation whether for profit or not for profit, trust, estate, or
other legally recognized entity. Whenever the term "person" is used
in connection with any provision imposing duties, ordering action
to comply with the terms of this Part, or providing for the imposition
of a fine or penalty, the term "person" shall include the members
of an association, partnership, or firm and the officers of any public
or private corporation whether for profit or not for profit.
Any land upon which any structures are located which structure
or structures are connected to the water system.
Each separate dwelling unit or separate nonresidential unit.
The water supply and distribution facilities, including all
related facilities constructed, installed or acquired by or for the
Borough and including all property, real, personal and mixed, rights,
powers, licenses, easements, rights-of-way, privileges, franchises
and other property or interests in property of whatsoever nature used
or useful in connection with such facilities, together with all additions,
extensions, alterations, improvements and betterments thereof or thereto
which may be made, installed or acquired from time to time by or for
the Borough.
[Ord. 812, 6/15/2000, § 3]
1.
All water shall be sold by meter only and shall be sold only to the
owner of the property served. The Borough reserves the right to change
the manner and/or frequency of billing at any time.
2.
Effective for the quarterly billing covering the period commencing
July 1, 2000, and thereafter, the water rates for each unit of occupancy
receiving water from the water system for water consumed per quarter
annum shall be as follows:
|
First 3,000 gallons or less
|
$21
| |
|
3,001 to 7,000 gallons
|
$21 + [(gallons used-3,000)/1,000 x $4.75]
| |
|
7,001 to 25,000 gallons
|
$40 + [(gallons used-7,000)/1,000 x $5.75]
| |
|
25,001 to 49,000 gallons
|
$143.50 + [(gallons used-25,000)/1,000 x $4]
| |
|
49,001 to 5,000,000 gallons
|
$239.50 + [(gallons used-49,000)/1,000 x $2.25]
| |
|
greater than 5,000,000 gallons
|
$11,379.50 + [(gallons used-5,000,000)/1,000 x $0.75]
|
3.
If two or more units of occupancy are supplied from one connection, the water rates established in Subsection (2) above are hereby imposed for each separate unit of occupancy. The water consumption for each unit of occupancy shall be calculated by dividing the total water consumption metered for the single connection within the quarter by the number of units of occupancy served by the single connection. The customer shall pay for each separate unit of occupancy that charge calculated using the rates in Subsection (2) above for the water consumption calculated in accordance with this subsection.
4.
The Borough hereby establishes the following fees and charges for
items relating to the water system other than consumption of water:
[Ord. 812, 6/15/2000, § 4]
1.
All rates and charges for the use of the water system shall be billed
and customers shall make payment as follows:
A.
All water rates, together with any penalties thereon, shall be paid
by the customer to the Borough for use of the Borough at the times
and in the manner hereinafter specified.
B.
The water rates imposed shall be computed quarterly for calendar
quarters beginning on January 1, April 1, July 1 and October 1 for
each year. Water rates shall be billed for the preceding calendar
quarter.
C.
Water rates shall be paid on or before the thirtieth day after the
billing date indicated on the bill. If any water rate is not paid
in full on or before that date, a penalty of 5% on the amount due
shall be added and paid by the customer in addition to the water rate
due.
D.
If any water rate or other charge is not paid in full within five
days after the billing date, in addition to the penalty set forth
in Subsection (1)(c) above, interest shall be imposed at the rate
of 5% per annum.
E.
Failure to receive a bill shall not exempt any customer from the
obligation to pay the water rates or from the accruing of penalties
or interest. The presentation of a bill to a customer is only a matter
of accommodation and not a waiver of this Section.
F.
Any customer who or which has reason to doubt the accuracy of a bill
shall notify the Borough in writing within 10 days of the date of
the bill as to the fact that the customer believes the bill to be
inaccurate and the factors which support the customer's position.
G.
Water rates, rents and charges imposed by this Part, to the maximum
extent permitted by law, shall be a lien on the property connected
to and served by the water system. Any such water rates, rents or
charges which shall be delinquent, to the extent permitted by law,
shall be filed as a lien against the property so connected and served
by the water system, which lien shall be filed in the office of the
Prothonotary of Lancaster County, Pennsylvania, and shall be collected
in the manner provided by law for the filing and collecting of municipal
claims.
[Ord. 812, 6/15/2000, § 5]
1.
Water supplied by the Borough may be used for all residential, business,
industrial, agricultural, public or other legal purposes; provided,
however, that the Borough reserves the right to impose at any time
such restrictions in the use of water as may be necessary due to accidents,
breakdowns, shortages of water, temporary discontinuance of water
service to make necessary repairs, removals or replacements or other
unavoidable emergencies. The Borough shall make every effort to notify
consumers before service is interrupted. However, no deduction in
water rates shall be allowed for failure on the part of the Borough
to supply water, and the Borough shall not be responsible for any
losses due to an inability to supply water.
2.
Each customer shall be required to install a water meter, if requested
by the Borough, a remote reader, to measure the quantity of water
consumed. Each such meter and remote reader shall be furnished by
the Borough and shall be installed by the Borough or by the owner
in accordance with rules and regulations to be adopted by the Borough.
The Borough shall determine the location for all meters and remote
readers. If the Borough determines that a meter is to be placed within
the customer's building, the customer will provide a readily accessible
place (in the basement if a basement exists in such building) near
the entrance of the water service pipes. All meters and remote readers
shall remain the property of the Borough.
3.
Each customer and each consumer shall at all times properly protect
the meter and the remote reader from injury by frost or freezing or
hot water or any other cause. If a meter or remote reader is damaged
by frost or freezing or hot water or any other external cause, the
customer shall pay the cost of repair the damaged meter and/or remote
reader or the cost of a new meter and/or remote reader.
4.
No person shall tamper or interfere with any meter or remote reader.
No person shall take any action which shall result in the inaccurate
metering of water provided to any unit of occupancy.
[Ord. 812, 6/15/2000, § 6]
1.
When the ownership of a property changes from one person to another,
the previous owner/customer shall notify the Borough in writing and
in advance of the date of discontinuance of service under his ownership.
Should the owner/customer fail to give such notice, he shall be responsible
for all charges up to and including the date the new owner makes application
for service. The new owner shall make application for service in the
same manner as for a new service in accordance with the rules and
regulations of the Borough.
[Ord. 812, 6/15/2000, § 7]
1.
The owner of any property connected to the water system shall be
responsible for all tenants or other occupants of such property insofar
as such acts shall be governed by provisions of this Part.
2.
All connections, service lines and fixtures famished or owned by
the owner shall be maintained by such owner in good order, and all
valves, meters and appliances famished and owned by the Borough and
on the property of the owner shall be protected properly and cared
for by said owner. All leaks in the service line or any other pipe
or fixture in or on the premises supplied must be repaired immediately
by the owner.
3.
The Borough shall not be responsible for maintaining any portion
of the building water connection owned by the owner or for damage
done by water escaping therefrom or from lines or fixtures on the
owner's property, and the owner shall at all times comply with all
ordinances and regulations with reference thereto and make changes
therein required on account of change of grade, relocation of mains
or otherwise.
4.
Consumers shall not turn the water on or off at any corporation stop
or curb stop or disconnect or remove the meter or permit its disconnection
or removal without the prior, written consent of the Borough.
5.
Consumers shall not tamper with or permit tampering with in any other
way cause or permit injury to any meter or any other property of the
Borough.
[Ord. 812, 6/15/2000, § 8]
1.
The Borough, from time to time, in accordance with law, by appropriate
ordinance or resolution, may adopt such additional rules and regulations
as, in the opinion of the Council, shall be desirable, beneficial
or necessary for or in connection with the use and operation of the
water system.
2.
Any such rules and regulations so adopted by the Council shall be
construed in conjunction with the provisions of this Part and shall
become effective on the date fixed by the Council upon adoption thereof.
[Ord. 812, 6/15/2000, § 9]
The Borough may disconnect water service to any property or
unit of occupancy for any of the following reasons:
A.
Nonpayment of water rates or other charges imposed under this Part.
B.
Nonpayment of sewer rates and charges.
C.
Misrepresentation in an application for water service as to the property,
number of units of occupancy, or the use to be made of the water or
placement of false information on or omission of relevant information
from an application for water service.
D.
Waste of water through improper or imperfect pipes, lines, fixtures,
beyond the connection to the Borough's water main.
E.
Tampering with or damaging any water line, meter, remote reader,
curb stop, seal or other appliance owned by the Borough.
F.
Violation of any rule of the borough for the use of the water system.
G.
Refusal to allow access to the property for the purpose of inspection
or for the reading, maintenance or removal of a meter.
[Ord. 812, 6/15/2000, § 10; as amended by Ord.
829, 11/15/2001]
1.
It shall be a violation of this Part to commit or permit any other
person to commit any of the actions set forth in § 409 of
this Part or to commit or permit any other person to commit any action
prohibited by any provision of this Part or to fail to comply with
any other provision of this Part.
2.
Any person who violates or permits the violation of any provision
of this Part shall be, upon conviction thereof, sentenced to a fine
of not less than $100 nor more than $1,000 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 continues and each section
of this Part which is violated shall constitute a separate violation.
3.
The Borough reserves the right to take any action necessary to collect
any water rates or other charges and any penalties and interest imposed
under this Part in addition to taking any enforcement action authorized
by this Section.
