By reason of the long-continued unprecedented
droughts that occur from time to time in this area of the state which
result in a dangerous lowering of the Township's potable water supply
and because experience has demonstrated that appeals for voluntary
aid in water conservation are not as effective as necessary, the Township
Council finds that the adoption of this article is necessary for the
public health, safety and welfare and is in the public interest.
[Amended 6-15-2004 by Ord. No. 04-34]
Whenever the average amount of water in the
reservoirs supplying the Township in any one month falls 20% below
the average amount of water in storage for the corresponding months
of the five-year period immediately preceding and the Township Engineer
certifies that an emergency exists in such water supply, the Director
of the Department of Community Services may, for the protection of
the health, safety and general welfare of the citizens and residents
of the Township, proclaim the existence of a water emergency and prescribe
regulations to:
The proclamation of the emergency shall be conclusive
of the fact of the existence of such emergency and shall be binding
upon all persons and users upon the filing of the same in the office
of the Municipal Clerk and the publication thereof at least once in
the Montclair Times, a newspaper published and circulating in the
Township. 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 be deemed to have the force
and effect of regulations adopted under the authority of this article
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, under any
contract, ordinance or statute, shall, upon the proclamation and promulgation
of the regulations as aforesaid, become bound thereby and by the provisions
of this article and shall conform thereto and comply therewith in
the use of water and the maintenance of the water service connections
and equipment for the purposes thereof.
Upon the making of such proclamation of emergency,
the Municipal Clerk shall forthwith give written notice of said proclamation
to the Municipal Clerks of all municipalities dependent in whole or
part upon this Township for their water supply, with the request that
under the terms of the respective water service contracts existing
between said municipalities and this Township, restrictive measures
at least equal to those to be enforced in this Township be taken in
the other municipalities serviced by this Township, to the end that
all reasonable means of water conservation be taken for the protection
of all of the people served by said system.
A.Â
Every owner of buildings and premises connected with
the municipal water supply shall:
B.Â
Every lessee, tenant and occupant of any building
or premises connected with the municipal water supply shall:
(1)Â
Immediately notify the owner or his or her agent of
any defective water service pipes, fixtures or connections whereby
water is being wasted: and
(2)Â
Immediately notify the Water Bureau or Police Department
of any waste occurring by reason of defective water service pipes,
fixtures or connections.
C.Â
Every owner and user of water shall, during the period
of a water emergency, be chargeable with notice, of any waste of water
due to defective water service pipes, fixtures or connections and
of the regulations promulgated under the proclamation.
A.Â
The consumer has the right to refuse access to any
employee who, upon request, does not produce proper identification.
B.Â
The Bureau shall have the right of access to the consumer's
premises and all property furnished by it for the purpose of reading
or changing meters and/or inspecting the water system between the
hours of 8:00 a.m. and 6:00 p.m., prevailing time, Monday through
Saturday inclusive. Emergencies shall entitle the Bureau to access
as needed.
C.Â
If access is not provided, water service shall be
discontinued; provided, however, that 10 days prior to the discontinuance
of any such service, a written notice shall be sent to the user at
his or her address. In cases where the user is a tenant, a duplicate
of such notice shall be sent to the owner of the property at his or
her address as shown on the records of the office of the Collector
of Taxes and Water Rents. Such notice shall notify said user or owner
of the nonaccess conditions and of the proposed discontinuance of
the water service at the end of the ten-day period.
Whenever an owner shall fail or refuse to make
repairs so as to prevent the waste of water, then the Township shall
have the power to make such repairs and to charge the cost thereof
to the owner in the same manner as other water charges are made, as
by the statutes and ordinances provided, or to shut off the water
from such premises until such repairs are made by the owner.
