[Adopted 2-14-1985 by Ord. No. 2-1985]
[Amended 5-9-1985 by Ord. No. 8-1985; 4-28-1994 by Ord. No.
11-1994]
All buildings located upon a street in which
a public water supply main or sewer mains are constructed shall be
connected with said public water supply main and/or sewer main. Said
buildings shall be disconnected from any independent water system,
well, sewer and/or septic system upon being connected with said public
water supply main and/or sewer main.
The City shall give a hearing on this article
to all persons interested and shall give notice to such persons of
the time and place thereof. The notice shall be served or be published
not less than 10 days before the day fixed for the hearing.
[Amended 5-9-1985 by Ord. No. 8-1985; 4-28-1994 by Ord. No.
11-1994; 8-26-1999 by Ord. No. 16-1999]
If, after passage of this article, the owner
of any properties affected thereby shall neglect, after notice given
as hereinbefore provided, to make any such connection, the City may
cause such connection or installation to be made under the direction
and supervision of the Utility Department of the City of Egg Harbor
City. Any owner who so fails to make said connection or installation
or who fails to make the disconnection from any independent water
system, well, sewer and/or septic system will be subject to the the
penalties hereinafter provided.
Before proceeding to make any such connection,
the City shall cause notice of such contemplated connection to be
given to the owner of any properties affected thereby. The notice
shall contain a description of the property affected, sufficiently
definite in terms to identify it, as well as a description of the
required connection, and notice that unless the connection shall will
proceed to make such connection or cause the same to be done pursuant
to the authority of N.J.S.A. 40:63-54.
The notice may be served upon the owner or owners
resident in the City in person or by leaving it at his/her or their
place of residence with a member of his/her or their family above
the age of 14 years, or, if any such owner shall not reside in the
City, such notice may be served upon him/her personally or be mailed
to his/her last known post office address or it may be served upon
the occupant of the property or upon the agent of the owner in charge
thereof. Notice to infant owner or owners of unsound mind shall be
served upon his/her or their guardians. When lands are held in trust,
service shall be made upon the trustee. When properties are held by
two or more joint tenants, tenants in common or tenants by the entirety,
service upon one shall be sufficient and shall be deemed and taken
as notice to all.
If the owner of any such property is unknown
or service cannot, for any reason, be made as above directed, notice
shall be published at least once not less than 30 days before the
making of such connection by the City in a newspaper circulating in
the City. There may be inserted in the advertisement notice to the
owner or owners of several different properties.
Proof of service or publication of such notices
shall be filed within 10 days after such service with the officer
having charge of the record of tax liens in the City, but failure
to file the same shall not invalidate the proceedings if service has
actually been made as herein provided.
If notice of the pendency of the ordinance providing
for such connection or installation shall have been given to the person
owning the property affected thereby in the same manner as is provided
in N.J.S.A. 40:63-55 to 40:63-58, and there shall have been a hearing
on such ordinance as provided in N.J.S.A. 40:63-53, then no further
notice need be given, and the City may proceed to make the required
connection.
[Amended 5-9-1985 by Ord. No. 8-1985]
A.Â
When any such connection shall be made, a true and
accurate account of the cost and expense shall be kept and apportioned
to the property or properties thereby connected, and a true statement
of such costs under oath shall be forthwith filed by the Utility Department
of the City of Egg Harbor City with the Clerk of said City. The City
shall examine the same and, if properly made, shall confirm it and
file such statement with the officer of the City charged with the
duty of collecting taxes. Said officer shall record the connection
charge in the same book in which he/she records sidewalk and other
assessments.
B.Â
Any and all assessments associated with the connection
and/or installation into the City of Egg Harbor City's water and/or
sewer system which shall be assessed against any property owner may
be paid in four equal quarterly installments, to be paid in full within
a one-year period. Said property owner shall be notified of any said
assessments and of this provision allowing for installment payments
for the same.
[Added 5-12-1994 by Ord. No. 13-1994]
[Amended 5-9-1985 by Ord. No. 8-1985]
Every such connection charge shall bear interest
and penalties from the same time and at the same rate as assessments
for local improvements in the City and, from the time of confirmation,
shall be a first and paramount lien against the respective property
or properties so connected with the public water/sewer main to the
same extent as the assessments for local improvements and shall be
collected and enforced in the same manner. Every officer charged with
the enforcement and collection of assessments for local improvements
is hereby charged with the same duties in regard to the collection
and enforcement of all charges for water/sewer connections.
[Amended 5-9-1985 by Ord. No. 8-1985]
No such charge for water/sewer connections shall
be invalid by reason of any error or omission in stating the name
of the owner or owners of properties affected by such connections,
nor for any other informality, where such property or real estate
has actually been improved by such water/sewer connection.
[Amended 5-9-1985 by Ord. No. 8-1985]
The City may provide for the payment of such
charge upon any property for water/sewer connection in installments
in the same manner as assessments for local improvements are payable
in installments in the City, in which case such installments shall
bear the same rate of interest and be collected and enforced in the
same manner as are installments for assessments on local improvements.
[Added 4-28-1994 by Ord. No. 11-1994]
Any owner of any property who neglects, after
notice given as hereinbefore provided, to make any such connection
or fails to disconnect any independent water supply and/or independent
sewer and/or septic system, as herein provided, shall be subject to
a fine of a minimum of $100 per day and a maximum fine of $1,000 per
day, plus court costs and assessments, for each day said property
owner fails to comply with the provisions of this article, after the
said 90-day period to come in compliance with this article as heretofore
stated.
