[Adopted 1-15-1981 by Ord. No. 348 (Ch. 175, Art. II, of the 2005 Code
of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Bath Borough Authority, a Pennsylvania municipality authority.
The Borough of Bath, Northampton County, Pennsylvania, a
political subdivision, acting by and through its Council of the Borough
or, in appropriate cases, by and through its authorized representatives.
Any property within this Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Borough.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The water distribution facilities, including all related
facilities, owned by the Authority, 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 nature used or useful in connection with such facilities,
and 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 Authority.
A.
The owner of any improved property abutting upon any street in which
there is a water main of the water system, shall connect such improved
property to the water system in such manner as this Borough and the
Authority may require, within 90 days after notice to such owner from
this Borough to make such connection.
B.
The notice by this Borough to make a connection to the water system, referred to in Subsection A shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 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 supply water to the particular improved property. Such notice shall be served upon the owner in accordance with law.
C.
If the owner of any improved property abutting upon any street in which there is a water main of the water system, after 90 days' notice from this Borough, in accordance with Subsection A shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof. In such case, this 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 improved 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 improved property to pay said bill, this 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 providing for the filing and recovery of municipal liens.
A.
No person shall construct any connection to, uncover, connect with,
make any opening into or use, alter or disturb, in any manner, any
water main constituting a part of the water system, without first
making application for and securing a permit, in writing, from the
Authority. Such application shall be made on a form to be provided
by the Authority.
B.
All connections to the water mains and the installation of any service
line to an improved property shall be accomplished in conformance
with the rules and regulations of this Borough and the Authority.
C.
Only persons properly authorized by the Authority shall be permitted
to make service line and service connection installations.
D.
This 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, part
of this article.
A.
Any person who shall violate this article shall be liable, upon summary
conviction for the first offense and upon summary conviction for each
subsequent offense, to a fine of not less than $25 nor more than $35,
together with costs of prosecution in each case. Each day that a violation
shall continue shall be deemed and shall be taken to be a separate
offense and shall be punishable as such.
B.
Fines and costs imposed under provisions of this article shall be
enforceable and recoverable in the manner at the time provided by
applicable law.
C.
In addition,
court costs and reasonable attorney fees incurred by the Borough in
enforcement proceedings shall be assessed against violator and awarded
to the Borough.
[Added 11-5-2018 by Ord.
No. 2018-678]
