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City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
The Department of Public Works shall have power to establish regulations for the introduction and use of water.
All persons taking the water supplied by the City shall prevent all waste of water.
The Commissioner of Public Works, or any of his agents or assistants, may enter the premises of any water taker to examine any water pipes and plumbing therein or thereon for the purpose of ascertaining whether there is any waste of water and for the purpose of determining the quantity of water used and the manner of use and for the further purpose of shutting off the water for nonpayment of rates or fines or for any alleged violation of the provisions of this chapter.
The Department of Public Works shall have the power to decide what is waste or improper use of water and to restrict its use. If the water taker refuses or neglects to comply with any order of said Department after notice is given to him, the water shall be shut off and not let on except by payment of reasonable charges.
The Department of Public Works shall determine and assess the water rates.
A. 
The Department of Public Works may make abatements in the water rates in all proper cases upon receipt, in writing, from the property owner of a request for abatement stating reasons for such request, together with all information necessary to evaluate its merits. Excessive usage caused by pipe leaks or leaking fixtures on the owner's property beyond the meter shall not be considered cause for abatement. Should the owner request the meter be removed and checked, this shall be done in accordance with § 608-16.
B. 
Any person aggrieved by the decision of the Department under this section, may, if the bill in question is in the amount of $100 or more, appeal said decision to the City Council. A two-thirds vote of the Council will be necessary to overturn said decision. Should this occur, the claim would then be settled under conditions put forth by the Council.
A. 
The Department of Public Works may make repairs, extensions or improvements on the waterworks, provide new main pipes and construct or repair hydrants established by the City.
B. 
The Department of Public Works does not guarantee constant pressure nor uninterrupted service, nor does it assure either a full volume of water or the required pressure per square inch necessary to effectively operate appliances of any kind, the same being subject to all the variable conditions which may occur in the use of water from the main pipe.
C. 
The City will not be responsible for damages caused by shutting off water for the purpose of doing repairs on pipes, gates, hydrants or other fixtures, or by any work on the main pipe system, or by breaks in the pipes, or by low pressure resulting from any cause. Reasonable notice shall be given, if possible, to all customers before the water is shut off, except in cases of emergency.
D. 
Any work done on the public water supply system by a private contractor or agent shall only be performed after procurement from the Department of all necessary permits and licenses as hereinafter described.
E. 
No plumber or other person not in the employ of the Department of Public Works' Water Division shall shut water off or turn on the water at any service pipe, except at the cellar wall. Whenever, by request of the owner or his representative, water is turned on or off at the curb stop for testing plumbing or other purposes, the charge for turning on or shutting off water shall be $10.
F. 
No person not in the employ of the Department of Public Works or a member of the Fire Department in the performance of his duties shall turn on any hydrant, public or private, without first obtaining permission from the Water Division.
A. 
The Water Registrar shall act as Clerk of the Department of Public Works' Water Division. This person shall perform such services as may be required and shall annually, in July, present to such Department detailed statements of receipts and expenditures in the Water Division for the year ending the 30th day of June, of the number of water takers, the number of services in use, the number and amount of abatements and give such other information as the Department may require.
B. 
The Water Registrar, under direction of such Water Division, shall exercise a constant supervision of the use of the water. This person shall, under the direction of the Commissioner of Public Works, make and deliver to water takers statements for metered water used. Such statements shall be delivered monthly, in the case of heavy users, or quarterly. Statements for charges for specific supplies or for fractional parts of a term shall be delivered when payable.
C. 
The Water Registrar shall keep, in suitable books, the names of all persons who take the water, the name and number of the street, the amount charged and amounts of abatements, which records shall be open to the inspection of the Department of Public Works, the Mayor or any committee of the City Council. The Water Registrar shall, at the end of each fiscal year, report to such Department the amounts respectively of bills delivered, abatements, uncollected bills and fees.
The Commissioner of Public Works shall annually, in July, present to the City Council a report of the condition of the waterworks and other property connected therewith, with an account of receipts and expenditures and a schedule of property in hand, together with any information or suggestions which he deems important. The report of the Water Registrar shall accompany this report.
Extensions of water mains shall be subject to approval by the City Council and the Mayor and shall be made under the supervision of the Department of Public Works.
A. 
Service pipes connected to City main. Entrance fees for any service pipe connected into the public water system shall be in accordance with the following schedule:
(1) 
Residential.
[Amended 2-9-2004 by Ord. No. 04-9962C]
(a) 
Single-family residence:
[1] 
Entrance fee: $2,000.
[2] 
The owner of any single-family residential dwelling that has an occupancy permit from the Building Department effective on or before December 31, 2003, will be allowed to pay the amount of $400 to connect to the municipal water system.
[Amended 7-25-2005 by Ord. No. 05-100841-1A; 8-29-2011 by Ord. No. 11-1002920B]
[3] 
The owner of any single-family home that received an occupancy permit from the Building Department which was effective after December 31, 2003, will pay the fee in effect at the time of connection.
[Amended 7-25-2005 by Ord. No. 05-100841-1A]
(b) 
Multiple-family residence (including all structures containing more than one dwelling unit, such as duplexes, apartment houses, apartment complexes, hotels, motels, trailer parks, etc.): $3,000, plus $500 per living unit.
(2) 
Nonresidential.
(a) 
Entrance fee shall be based on size of service pipe as follows:
[Amended 2-9-2004 by Ord. No. 04-9962C]
Size
(inches)
Fee
3/4
$2,000
1
$2,500
1 1/2
$3,000
2
$3,500
4
$4,000
6
$4,500
8
$5,000
10
$6,000
12
$8,000
(b) 
Entrance fee for any service larger than 12 inches shall be as determined by the Commissioner of Public Works with the approval of the Mayor.
(c) 
Entrance fee for nonresidential use with demonstrated or expected significant flows (greater than 5,000 gallons per day), or for buildings designed for uses with expected significant flows, such as Good Manufacturing Practice (GMP) buildings, shall also be subject to an additional fee of $1 per square foot of building area.
[Added 1-26-2022 by Order No. 21/22-1008449B]
B. 
Secondary or branch mains connected to City main and service pipes connected thereto.
[Amended 2-9-2004 by Ord. No. 04-9962C]
(1) 
Single-family residential subdivision or development. The entrance fee shall be $3,000 for each connection of the secondary or branch main or mains to City mains, plus $1,000 for each lot served by the secondary or branch main.
(2) 
Multifamily residential subdivision or development. The entrance fee shall be $3,000 for each connection of the secondary or branch main or mains to City mains, plus $500 for each living unit served by the secondary or branch main.
(3) 
Commercial or industrial subdivision or development. The entrance fee shall be $3,000 for each connection of the secondary or branch mains or mains to the City main, plus the nonresidential entrance fee listed in § 608-11A for each service connected to the branch or secondary main, and, if applicable, the significant flow fee listed in § 608-11A(2)(c).
[Amended 1-26-2022 by Order No. 21/22-1008449B]
C. 
Fire protection.
(1) 
Any service pipe to be used for fire protection purposes (i.e., feeding hydrants, sprinkler systems, etc.) shall be a separate service from the main and subject to an entrance fee of $2,000 for any size eight inches or smaller and $3,000 for any size greater than eight inches.
[Amended 2-9-2004 by Ord. No. 04-9962C]
(2) 
Any residence now under extension contract will continue to benefit by additional connections into the extension until the life of that particular extension contract expires.
A. 
The entrance fee for a single-family residence shall be payable at the time of the service connection, except that, at the discretion of the Department of Public Works, this payment, plus a service charge of 10%, may be paid over a ten-year period.
B. 
Entrance fees for all other connections shall be payable at the time of application for connection.
C. 
The unpaid balance of any entrance fee due the City under this section shall constitute a municipal lien on the property of the applicant.
A. 
The taker of water, in addition to such entrance fees as put forth in § 608-11, shall pay for the water used at the established rates of the Department of Public Works and shall also pay for all service work and materials on his property.
B. 
Water bills shall be issued monthly, in the case of heavy users, or quarterly and are due 30 days thereafter. Delinquent bills or accounts continually in arrears may, at the discretion of the Commissioner of Public Works, be assessed a penalty of 10% of the unpaid balance.
C. 
Should a taker of water desire, due to vacancy or prolonged nonuse, to have a water service shut off, he shall notify the Department in writing of his request, and the Department will shut the service off at the curb stop. No bills will be issued while a service is shut off at the curb stop, however, a minimum bill, in accordance with the Department's water rate schedule, will be issued in all other cases. When it is desired to have water turned back on, taker should notify the Department, and service will be reactivated and a fee of $10 assessed.
D. 
In all cases, bills will be sent to and liability for payment will rest with the owner of the property.
A. 
Any landowner desiring to connect to the public water supply system should apply to the Water Registrar's office and fill out the necessary forms. The prescribed form must be signed by the owner or his authorized agent. This request must be accompanied in all cases, except a single-family home, by a plot plan showing the location of the proposed connection and appurtenances, unless this requirement is waived by the Department of Public Works.
B. 
All service pipes, valves, meters, etc., are the property of the landowner and shall be supplied and maintained in proper order by him.
C. 
In the case of the construction of an individual single-family home, it will be the responsibility of the property owner to have the service pipe installed. The Department will, during the months of June, July and August only, agree to install services and bill the property owner for all materials, labor and equipment supplied. Only those that can be accomplished during this period will be performed. The Department reserves the right to accept or reject any application for service installation. Services not installed by the Department must be installed by contractors licensed by the Department as stated hereinafter. Work performed by the Department will be in accordance with § 608-18.
D. 
All services, excluding individual single-family residences, shall be installed by the developer or property owner, and he will furnish all materials, labor and whatever else is necessary to complete service. This includes the furnishing and installing of tapping sleeves and gates for larger services. This work shall be done in accordance with § 608-18.
[Amended 11-15-2004 by Ord. No. 04-100400; 9-12-2005 by Ord. No. 05-100852A]
A. 
Maintenance and repair of service pipes shall be the responsibility of the property owner. The Department will, at the request of the owner of a single-family home and at no cost to him, repair minor leaks in accordance with the conditions of § 608-18.
B. 
Major repairs or relays, whether deemed necessary or requested, shall be the responsibility of the property owner.
C. 
Maintenance and repair of all service pipes, other than those serving single-family homes as described above, shall be the responsibility of the property owner. The Department will only make emergency repairs that it deems necessary at the time and the property owner will be billed accordingly.
A. 
All individual services from the public water supply shall be metered in a manner approved by the Department of Public Works.
B. 
Meters, as stated in § 608-14, are the property of the landowner and will be purchased and set by him. The Department will, in the case of an individual single-family residence, furnish and set the meter for the property owner at the owner's cost. All other meters shall be purchased and set by the property owner in conformance with Department requirements. All meters will be equipped with remote readers mounted on the outside of the building. The Department will, if it deems necessary, repair and/or replace damaged, faulty or old meters on single-family residential homes at no cost to the property owner. All other meters, if deemed by the Department to be in need of repair or replacement, shall be repaired or replaced by the property owner within 30 days of notification in writing from the Department.
C. 
The property owner shall provide access to the meter at all times.
D. 
If the property owner requests the Department to remove the meter and check its accuracy, there shall be, within each three-year period, a charge assessed to the owner if the meter is found to be running accurately (within 2%) as follows: first call, no charge; second call, $5; third call and each additional call, $10. Should the meter prove to be faulty, no charge will be made.
E. 
No meter shall be disconnected from the pipe, moved or disturbed without permission from the Department of Public Works, which will send a properly authorized person to attend to any change needed. The Department shall have the right to change, replace, inspect, repair or remove any meter at any time it deems necessary.
A. 
Contractors or individuals of established reputation and experience will be licensed by the Commissioner of Public Works to make connections to the public water supply.
B. 
No connections shall be made or service pipes installed by any contractor or individual not so licensed.
C. 
All licensees shall be subject to compliance with the following requirements:
[Amended 4-7-1980 by Ord. No. 20210; 2-9-2004 by Ord. No. 04-9962C]
(1) 
Applicants for licenses are required to pay a filing fee of $50, payable to the City, all of which will be refunded to the applicant if his application is rejected.
(2) 
All licenses issued will expire on December 31 of each year, after which they will be renewed upon payment to the City of a renewal fee of $50.
D. 
No licenses shall be transferable.
E. 
If approved by the Commissioner, applicants for licenses shall file with the Commissioner proper and acceptable performance and guarantee bond in the amount of $1,000, which shall remain in full force and effect for at least one year from the date of original approval and each calendar year thereafter upon renewal.
F. 
Applicants for licenses, after approval by the Commissioner, shall file with the Commissioner a certificate of insurance in the sum of $50,000/100,00 to cover public liability and a certificate of insurance in the sum of $10,000 covering property damage. In addition, a certificate of insurance covering workmen's compensation shall be filed, all of which shall remain in full force and effect for a period of at least one year from the date of original approval and each calendar year thereafter upon renewal. Said insurance shall indemnify the Commissioner and the City against any and all claims, liability or action for damages incurred in or in any way connected with the performance of the work of the licensee and for or by reason of any acts or omission of said licensee in the performance of his work.
G. 
Applicants for licenses will be approved or disapproved within a period of 15 days after filing the application; after 15 days, a license shall automatically be approved.
H. 
The licensee shall abide by all the conditions of this chapter with particular reference to § 608-18, Construction requirements.
I. 
The licensee shall comply with all applicable City, state and federal codes, rules and regulations.
J. 
The Commissioner reserves the right to revoke or suspend any license if any provision of said license is violated.
K. 
All licensees are required to give personal attention to all installations and shall employ only competent and courteous workers.
L. 
All licensees shall be required, if during the course of their work they should encounter any previous violations of this chapter, to give a full written report to the Commissioner within 24 hours of such violation.
M. 
All licensees shall have all necessary equipment, tools and material to perform this work.
A. 
Work performed by the Department of Public Works. In the event that the Department of Public Works' Water and Sewer Division is involved either in the installation of a new service or relay to a single-family residence or repairs to an existing service, the work shall be performed in accordance with the following rules and regulations:
(1) 
Trenches or areas of excavation, after completion of the installation or repairs, shall be rough graded and hand raked. Permanent repairs on the landowner's property (i.e., loaming, seeding, cold patching and hot topping of drives and walks, cement sidewalks, steps, etc.) shall be his or her responsibility.
(2) 
Fences or walls of any kind, if not removed by the landowner, will, if within the Department's means and capabilities, be removed and stacked on the landowner's property. Upon completion of the Department's work, re-erection or rebuilding shall be the responsibility of the landowner.
(3) 
Trees, bushes, shrubs, hedges, flowers, lawn ornaments, etc., if not removed by the landowner, will, if within the Department's means and capabilities, be removed and stacked on the landowner's property. Upon completion of the Department's work, replanting or replacement of these items shall be the responsibility of the landowner.
(4) 
In the event that the Department's work necessitates the cutting of roots of trees, bushes, shrubs, hedges, etc., the City will not be responsible for their continued life.
(5) 
The landowner shall be responsible for notifying the Department of any underground wiring, wells, septic system pipes, drainage pipes, etc., that may be in the line of construction. Unless the Department is notified in advance, the City will assume no liability for resulting damages.
(6) 
All decisions pertaining to Subsections A(1) through (5) above will be subject to appeal to the Public Works Committee of the City Council.
B. 
Work performed by developers and/or private contractors. In the case of a water extension on or to a new development and on or to any private development, the owner of the property or the developer thereof shall construct and install the water mains and house connections in accordance with the following rules and regulations.
(1) 
There shall be submitted to the Commissioner of Public Works, in the case of a new development which has the approval of the Planning Board, a plotted plan which has been recorded in the Middlesex South District Registry of Deeds. Other private projects approved by appropriate City agencies shall also submit plans of proposed water systems.
(2) 
Any and all plans for a water system in the City of Marlborough will show and/or specify the following: all mains will be a minimum of eight-inch ductile iron pipe, Class 52, cement-lined mechanical joint or push-on joint in accordance with AWWA standards. All mains over eight inches in diameter will be cast iron or ductile iron, including nipple pieces. All hydrant branches shall be six-inch cast iron. All intersections of mains will be gated in their respective directions. No main will extend over 1,000 feet in length without the use of a gate valve. All hydrants will be within 500 feet of each other or so spaced at the discretion of the Department of Public Works or the Fire Chief. All hydrants will be gated. All taps to the existing public system will specify a tapping sleeve and gate valve.
[Amended 3-30-1987 by Ord. No. 87-1407A]
(3) 
Any contractor involved in waterworks construction in the City of Marlborough will strictly adhere to the provisions as set forth in § 608-17. No equipment, tools or material will be rented or loaned from the Department of Public Works. All materials used must be of the same make and quality as set forth hereinafter.
(4) 
Costs. All labor and material costs to install a water system as specified herein will be borne by the owner, developer or contractor, whatever the case may be. Costs for taps into the public system and the restoration thereof of any public way will be borne by the owner, developer or contractor.
(5) 
Inspection will be provided by the City of Marlborough only on a limited or part-time basis. Before any backfilling is done, the Department of Public Works' Water Division will be notified 24 hours in advance, and a man will inspect the completed work. This method of operation will be used for hydrant installation, main taps, service taps, etc. If the Department of Public Works feels that insufficient workmanship and care is being taken in the installation, a man will be assigned from the Department of Public Works on a full-time basis. The contractor or owner will bear the cost of this man at his hourly wage rate, Monday through Friday from 7:30 a.m. to 4:30 p.m. or, in the case of summer hours, 7:00 a.m. to 3:30 p.m. Any time spent on the site not within these limits or Saturday, Sunday, holidays, etc. will be at twice the man's rate.
(6) 
Excavation in any public way will require a road opening permit from the Department of Public Works. Necessary forms may be obtained and filed with the Department of Public Works' Street Division. It will be the contractor's responsibility to notify utility companies, such as gas, telephone, electric, etc., if there is any possibility of their equipment or their property being jeopardized by excavation. It shall also be the contractor's responsibility to notify the Fire Department and Police Department of said work to be performed and, if necessary, to hire uniformed police for traffic control. In the event that the roadway cannot be restored to its normal surface immediately following the work, sufficient care will be taken to make the roadway smooth for traffic and, if necessary, to light with flashers as a warning to motor vehicles.
(7) 
Before any water mains, water services or hydrants are installed in a new subdivision or development, the contractor will bring the entire site where these utilities are located to subgrade, such grade will be verified by grade stakes provided and set by a registered land surveyor or engineer employed by the owner or contractor so that the Engineering Division of the Department of Public Works may expedite its checking of such grades.
(8) 
Water mains. All water mains shall be ductile iron pipe Class 52, cement-lined mechanical joint or push-on joints in accordance with AWWA standards. Excavation will be to a depth that provides a minimum of five feet of cover over the pipe. If excavation is in ledge, a minimum of eight-inch spacing around the pipe will be required to allow for selected backfill material. It will be at the discretion of the Department of Public Works as to the type of bedding used and will depend on field conditions. In any event, it will be either crushed bank gravel or three-fourths-inch stone. No stones larger than three inches in diameter may be used within the first foot of backfill over the pipe. Once the pipe has sufficient cover with a select material, normal backfilling may proceed with care. Jointing of push-on or tyton-joint cast iron will be with the use of a come-along or bar. If a bar is used, a block of wood will be used between it and the pipe; the same applies for having a backhoe-set larger diameter pipe, a block of wood will be inserted between the bucket and the pipe; in no event will there be a metal-to-metal driving force to set the pipe. If this is not strictly complied with, the length of pipe will be removed and a new one used in its place.
[Amended 3-30-1987 by Ord. No. 87-1407A]
(9) 
Hydrants will be Mueller, meeting the AWWA improved-type standards; open right, five-and-one-half-foot bury, four-and-one-half-inch valve opening with bell and inlet for a six-inch pipe. All hydrants to be on and in the center of at least a two-foot diameter sump by one-foot deep, consisting of three-fourths-inch stone for drainage purposes. No hydrant shall be placed within 15 feet of a driveway or access road.
(10) 
Thrust blocks. All plugs, caps, tees, bends and hydrants shall be provided with a concrete thrust block to prevent movement.
(11) 
Main gate valves and boxes.
(a) 
Main gates valves shall be open right, iron body, bronze mounted, double disc, nonrising stem, as manufactured by Mueller Company, or approved equal.
(b) 
Main gate boxes shall be cast-iron, slide-type with at least six inches of adjustment and at least five feet long. The covers shall be flush, close-fitting with the letter "w" or the word "water" cast into the cover.
(12) 
Main line taps will always be done with the use of a tapping sleeve and gate valve. The tapping sleeve to be Mueller or approved equal. If the contractor is to make the tap himself, he must furnish evidence of his competence through previous work and have the necessary tools to perform the work satisfactorily.
(13) 
Connections.
(a) 
Service connections shall have a minimum size of three-fourths-inch diameter. All service pipes shall be Type K copper tubing. Any service pipe larger than two inches and less than eight inches in diameter shall be ductile iron pipe Class 52, cement-lined mechanical joint or push-on joint in accordance with AWWA standards.
[Amended 3-30-1987 by Ord. No. 87-1407A]
(b) 
Plastic tubing will be copper tube size for use with standard stops and fittings with AWWA outlets or compression-type outlets with a minimum of 160 pounds per square inch.
(c) 
All connections to the main will be made by the use of a two-strap corporation saddle by either Smith-Blair or Mueller. A curb stop and box shall be installed at the property line on the owner's side for each service. The curb stop shall be copper-to-copper T head, open right, with drain, as manufactured by Farnum or Mueller. Any service one inch or greater shall employ an Oriseal curb with drip. Under no circumstances will any inverted key curbs be installed in any water system in the City of Marlborough. The curb box or service box shall be 4 1/2 to 5 1/2 feet, extension-type, three-fourths-inch rod, and cover to be with counter-sunk one-inch brass plug tapped for one-inch iron pipe. Minimum cover for services shall be five feet zero inches. A sand backfill material will be carefully placed around the service pipe to protect it from normal backfill and compaction. On the inside of the building there shall be a meter as manufactured by Badger Meter or its approval equal with a Read-o-matic outdoor meter register or its approved equal. All meters are to be set by the owner or developer, or as stated in § 608-16. Each meter will have a gate valve, before and after, and each valve will be within one foot zero inches of the meter. Where pressures are in excess of 80 pounds per square inch, a pressure-reducing valve will be employed in the line.
(14) 
Testing.
(a) 
The contractor shall furnish a water meter, pressure gauge, testing plugs, pumps, pipe connections and other required apparatus. The section of pipe to be tested will be completely filled with water and air blown off through a high point, such as a hydrant. The section under test will be maintained full and under pressure for a period of 24 hours. The line shall be filled and tested within one to three days after filling.
(b) 
Any failure of the various pipelines, structures, valves, hydrants and related accessories that occurs before final acceptance of the work shall be replaced at the expense of the owner. A successful water pressure test is not to be interpreted as final acceptance.
(c) 
The pressure and leakage test shall consist of first raising the water pressures (based on the elevation of the lowest point of the section under test and correct to the gauge location) to a pressure in pounds per square inch numerically equal to the pressure rating of the pipe. While maintaining this pressure, the contractor shall make a leakage test by metering the flow of water into the pipe. If the average leakage during a two-hour period exceeds a rate of 10 gallons per inch of diameter per 24 hours per mile of pipeline, the section shall be considered as having failed the test.
(15) 
After testing. The completed pipeline is to be disinfected with a chlorine concentration of approximately 50 parts per million prior to being placed in service. The introduction of this chlorine shall be accomplished by pumping or siphoning a calcium hypochlorite solution into the main. The chlorinated water is to remain in the new pipeline for a period of 24 hours. During this period, proper precautions are to be taken to prevent this chlorinated water from flowing back into the existing system.
(16) 
As-built plans will be furnished to the Department in duplicate by the contractor or owner at the completion of the project. The plans in particular will depict exact distances between gate valves, ties to gate valves, both in the main and on hydrant branches, curb box location referenced to the house or building that it serves by at least two ties from permanent points.
(17) 
Warning ribbons.
[Added 5-14-1984 by Ord. No. 23925]
(a) 
If nonmetallic pipes are used in the installation of any water main or service pipe, a warning ribbon shall be used. Said ribbon shall be blue in color and imprinted with the words "caution, waterline below," or words of similar intent, and shall be metallic to provide for future locating with inductive tape locators.
(b) 
Tape shall be spliced and securely tied around all gate boxes and/or curb boxes to facilitate conductive location.
(c) 
Depth of burial shall be in accordance with the manufacturer's standards, except that burial shall not be at a depth less than 18 inches nor at a depth greater than 48 inches.
The provisions of this chapter shall constitute a part of the contract with every person who takes City water. Every person taking City water shall be considered as having expressed his or her consent to be bound thereby.
Whenever any provision of this chapter is violated, the water shall be shut off and shall not be let on again, except on the payment of $10 and all chargeable rates. The Commissioner of Public Works may declare any payment made for the water by the persons committing a violation to be forfeited, and the same shall thereupon be forfeited.