CHAPTER 14 - UTILITIES

 

Subchapter I - General Provisions

Article I - General Provisions

Section 14-1  Definitions......................................................................................................

Section 14-2 Penalties and Remedies....................................................................................

 

Subchapter II - Service to Properties Previously Connected to the Water or Sewer System

Article II - Service Regulations

Section 14-6  Application for Service...................................................................................

Section 14-7  Denial of Service for Nonpayment of Prior Accounts.....................................

Section 14-8  Deposit...........................................................................................................

Section 14-9 Rates................................................................................................................

Section 14-10  Minimum Service Charge..............................................................................

Section 14-11  Access to Premises........................................................................................

Section 14-12  Meter Reading and Determination of Charges.............................................

Section 14-13  Bills...............................................................................................................

Section 14-14  Verification of Meter Readings.....................................................................

Section 14-15  Calculation of Bill Where Equipment Fails...................................................

Section 14-15.1  Customer Service Line Leaks or Breaks (Adjustments)..............................

Section 14-16 Prohibited Activities.......................................................................................

Section 14-17  Town Property and Maintenance Thereof....................................................

 

Article III - Town and Customer Responsibilities

Section 14-21  Town’s Responsibility and Liability...............................................................

Section 14-22 Customer's Responsibilities............................................................................

 

Article IV - Service Termination and Reinstatement

Section 14-26  Termination or Interruption of Service by Town...........................................

Section 14-27  Notice of Proposed Termination of Service and Right of Hearing................

Section 14-28  Hearing........................................................................................................

Section 14-29  Stay of Termination Pending Hearing Outcome............................................

Section 14-30  Lessee May Take Responsibility for Payments..............................................

Section 14-31 Procedure for Service Termination and Reinstatement..................................

Section 14-32  Termination at Customer's Request...............................................................

 

Subchapter III - Connections to the Water and Sewer System

Article V - Connection to the Water and Sewer System Where Service is Available

Section 14-36  Connection Required....................................................................................

Section 14-37  Permit for Connection Required...................................................................

Section 14-38  Application for Connection Permit................................................................

Section 14-39 Rejection of Permit Application.....................................................................

Section 14-40  Construction of Connections........................................................................

Section 14-41  Separate Connections Required for Each Lot...............................................

Section 14-42  Requirements for Connection of Service Where Multiple Buildings are Located on One Lot.     

Section 14-43  Town Inspection............................................................................................

Section 14-44  Laterals to Remain Town Property................................................................

Section 14-45  Maintenance of Private Distribution and Collection Systems........................

 

Article VI - Water and Sewer Extensions

Section 14-52  Purpose........................................................................................................

Section 14-53  Goals and Objectives....................................................................................

Section 14-54  Capital Improvement Plan.............................................................................

Section 14-55  Scheduled Extensions...................................................................................

Section 14-56  Requests for Special Extensions....................................................................

Section 14-57  Cost to Construct Extensions Prior to Scheduled Year..................................

Section 14-58  Cost of Unscheduled Extensions...................................................................

Section 14-58.01  Provisions Applicable to All Extensions...................................................

Section 14-58.02  Easements Necessary for Line Extensions................................................

Section 14-58.03  Dedication of Water and Sewer Line Extensions......................................

Section 14-58.04  Applicability of Article.............................................................................

 

Article VI(A) - Testing of Lateral Lines; Materials for New Sewer Laterals

Section 14-59  Testing of New Lines.....................................................................................

Section 14-60  Inspection and Testing of Existing Lateral Lines...........................................

Section 14-61  Specifications and Material for New Laterals...............................................

 

Article VII - Fire Protection Service

Section 14-65  Fire Hydrants...............................................................................................

Section 14-66  Fire Protection Service Lines........................................................................

Section 14-67  Metering of Fire Protection Service Lines....................................................

 

Subchapter IV - Sanitary Sewer Use

Article VIII - Sanitary Sewer Use

Section 14-76  Article Applies Primarily to Industrial Waste.................................................

Section 14-77  Storm Water Prohibited.................................................................................

Section 14-78  Prohibited Uses............................................................................................

Section 14-79   Waiver of Discharge Restrictions.................................................................

Section 14-80  Special Agreements.......................................................................................

Section 14-81  Permit Required for Discharge of Industrial Wastes.....................................

Section 14-82  Preliminary Treatment Facilities...................................................................

Section 14-83  Inspection Manhole......................................................................................

Section 14-84  Determination of Character and Concentration of Wastes...........................

Section 14-85  Authority for Temporary Exclusion...............................................................

Section 14-86  Charges for Industrial Wastes......................................................................

 

Subchapter V - Water Shortage

Article IX - Regulation of Consumption During Designated Water Shortage

Section 14-87  Water Shortage Deemed as Relation of Supply and Demand........................

Section 14-88  Proclamation of Water Shortage...................................................................

Section 14-89  Compliance Required in the Event of Shortage.............................................

Section 14-90  Restrictions Applicable to Water Shortage Severity......................................

Section 14-91  Lifting of Restrictions Imposed During Water Shortage................................

Section 14-92  Discontinuance of Service and Penalties......................................................

Section 14-93  Injunctive Remedies......................................................................................

Section 14-94  Severability...................................................................................................

 

Appendix I............................................................................................................................

Appendix II...........................................................................................................................

 

Subchapter I - General Provisions

Article I - General Provisions

 

Section 14-1  Definitions.

 

(A)  Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.

 

(1)  Administrator.  The Public Works Director or any other person designated by the Board to perform the functions and exercise the responsibilities assigned by this chapter to the administrator.

 

(2)  B.O.D. (Biochemical Oxygen Demand).  The quantity of oxygen (expressed in milligrams per liter) required to satisfy the five (5) day oxygen demand of a million pounds of domestic sewage or indus­trial wastes (or a combination of both) when tested in accordance with the procedures given in the latest edition of "Standard Methods of the Examination of Water and Sewage," published by The American Public Health Association.  B.O.D. is a measure of the pollutional strength of wastes of any nature.

 

(3)  Combined Sewer.  A sewer receiving both surface runoff and sewage.

 

(4)  Domestic Sewage.  Liquid wastes from bathrooms, toilet rooms, kitchens and home laundries.

 

(5)  Garbage.  Solid wastes from the preparation, cooking, handling, and dispensing of food.

 

(6)  Industrial Wastes.  Liquid wastes from institutional, commercial, and industrial processes and op­erations as distinct from domestic sewage.

 

(7)  Liquid Wastes.  Waste products that are either dissolved in or suspended in a liquid.

 

(8)  Natural Outlet.  That body of water, stream, or watercourse receiving the discharge waters from the sewage treatment plant or formed by the discharge of the sewage treatment plant.

 

(9)  pH.  The logarithm (base 10) of the reciprocal of the weight of the hydrogen ions in grams per liter of solution.  It indicates the acidity and alkalinity of a substance.  A pH value of 7.0 is considered neutral.  A stabilized pH is one that does not change beyond the specified limits when the waste is subjected to aeration.  A pH value below 7.0 is acid and above 7.0 is alkaline.

 

(10)  Properly Shredded Garbage.  The wastes from the preparation, cooking and dispensing of food, shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension.

 

(11)  Sanitary Sewer.  A pipe or conduit that carries sewage or polluted industrial wastes and to which storm, surface and ground waters or unpolluted industrial wastes are not intentionally admitted.

 

(12)  Sanitary Sewer System.  The sanitary sewer system owned and operated by the town, including all sanitary sewer lines and pipes, the sewage treatment plant, and all other facilities used in connec­tion with the collection, treatment, and disposal of sewage.  The term "sewer system" is sometimes used interchangeably.

 

(13)  Sewage.  Liquid wastes.

 

(14)  Sewage Treatment Plant.  The facility owned by the town where sewage is collected and treated.

 

(15)  Sewage Treatment System.  Sanitary sewer system.

 

(16)  Suspended Solids.  Solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

 

(17)  Water System.  The water utility system owned and operated by the town, including all devices and facilities for the treatment, storage and distribution of water.

 

Section 14-2 Penalties and Remedies.

 

(A)  As provided in Article IV, termination of service is a remedy available to the town to enforce any of the provisions of this chapter.

 

(B)  A violation of any of the following sections shall constitute a misdemeanor, punishable as provided in G.S. 14-4:  Sections 14-16, 14-31(a) and (b), 14-36, 14-37, 14-77, 14-78, 14-81, 14-82, and 14-83.

 

(C)  A violation of any of the sections listed in subsection (B) other than Section 14-78 shall subject the offender to a civil penalty of $100.00.  A violation of any of the provisions of Section 14-78 shall subject the offender to a civil penalty of $200.00.  If a person fails to pay this penalty within ten days after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt.

[Amended July 13, 1993]

 

(D)  The town may seek to enforce any of the provisions of this chapter through any appropriate equitable action.

 

(E)  Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.

 

(F)  If a violation of any of the provisions of this chapter results in a danger to the public health or safety, the town may abate such a nuisance through the procedures set forth in Sections 11-38 through 11-41 of this code.

 

(G)  The town may seek to enforce this chapter by using any one or any combination of the foregoing rem­edies.

 

Sections 14-3 through 14-5 Reserved.

Subchapter II - Service to Properties Previously Connected to the Water or Sewer System

Article II - Service Regulations

 

Section 14-6  Application for Service.

 

Application for water or sewer service shall be made at the town hall during normal business hours.  Applica­tion shall be made on the forms prescribed, shall be made in the name of the customer who will be responsible for payment of bills, and shall be signed by the customer or by his authorized agent.

 

Section 14-7  Denial of Service for Nonpayment of Prior Accounts.

 

(A)  The town may reject an application for service if there is an outstanding amount due the town for water or sewer service in the applicant's name.

 

(B)  A lessee making an initial application for service to his leased premises shall not be refused service by the town solely because of an outstanding amount owed the town by another customer for service previously furnished to that same address.

 

Section 14-8  Deposit.

 

(A)  Every applicant for service shall make a cash deposit with the town in the amount referenced in Section 14-9 (Rates).  The purpose of this deposit is to provide security for the payment of all charges by the customer.  The town retains the right, upon thirty days written notice, to require the customer to increase the deposit a max­imum of twice the amount of the highest monthly bill theretofore rendered.

 

(B)  Initial deposits shall be made with the service applications.  Additional deposits, if required pursuant to subsection (A), shall be made within thirty days after receipt by the customer of the written notice specified in subsection (A).

 

(C)  A separate deposit shall be paid on each installed water meter.

 

(D)  No interest shall be paid on the deposit.

 

(E)  Upon termination of service, the deposit shall either be applied to any outstanding bill or refunded to the customer, as provided in Sections 14-31 and 14-32.

 

Section 14-9 Rates.

 

The Board may adopt and amend from time to time a schedule of rates and charges relating to the water and sewer services provided by the town.  A copy of this schedule shall be maintained and

 

shall be available for public inspection during regular office hours in the office of the town clerk.

 

Section 14-10  Minimum Service Charge.

 

(A)  The minimum service charge, as provided in the rate schedule, shall be made for each meter installed regardless of location.

 

(B)  The minimum service charge per meter shall apply whether all residential units are occupied or unoccupied.

 

(C)  Charges for service commence when the meter is installed and connection made, regardless of whether service is actually used at that time.

 

Section 14-11  Access to Premises.

 

Duly authorized agents of the town shall have access at all reasonable hours to the premises of the customer for the purpose of installing or removing town property, inspecting piping or apparatus, reading or testing meters or for any other purpose in connection with the town's service or facilities.  Application for service shall constitute consent by the customer to access to his premises for these purposes.

 

Section 14-12  Meter Reading and Determination of Charges.

 

(A)  Ordinarily, meters will be read once every two months and bills rendered once every two months.  However; the town reserves the right to vary this schedule if necessary or desirable.

 

(B)  When two or more meters are installed in the same premises for different customers, the town shall clearly identify which meter services which customer.

 

(C)  Where there are multiple dwelling units on one lot, unless separate meters are installed for individual dwelling units, the property owner or landlord shall be responsible for the bill for meters jointly used by one or more tenants.

 

(D)  Readings from different meters will not be combined into one account for billing.

 

(E)  Subject to Section 14-15, a charge shall be made for all water passing through the customer's meter.

 

(F)  Bills for water and sewer service shall be calculated in accordance with the rate schedule in effect at the time of billing.

 

Section 14-13  Bills.

 

(A)  Bills are due within 20 days of the date of billing and become delinquent thereafter.  A late penalty charge in the amount of ten percent (10%) on the unpaid balance, including water, sewer, and solid waste charges, may be added to all delinquent accounts.

[Amended June 10, 1997]

 

(B)  Bills shall notify customers of the provisions of subsection (A) and shall contain a phone number where a town employee can be contacted concerning questions about the bill.

 

Section 14-14  Verification of Meter Readings.

 

(A)  If a customer believes his bill to be in error, either as a result of the town's failure to read the meter correctly or a failure of the meter to register accurately the amount of water consumed, such claim must be presented in person or in writing at the town hall.  A pending claim shall not prevent a bill from becoming delinquent, with all the consequences provided for herein.  However, a bill may be paid under protest, and if the claim is substan­tiated, the customer shall be entitled to a credit or a refund for any overpayment made.

 

(B)  If a customer believes his meter has not been correctly read, he may request a special meter reading.  If such special meter reading discloses that no error was made, the customer shall be charged the special meter reading fee provided for in the schedule referenced in Section 14-9, and such fee shall be added to the customer's next water bill.  No fee shall be charged if the initial meter reading was in error.

 

(C)  If a customer believes that a water meter on his premises is not registering water consumption accurately, he may request a test of the meter by the town.  If the meter is found to over register beyond two percent of the correct volume, no charge shall be made for this service.  Otherwise, the customer will be charged the meter testing fee provided for in the schedule referenced in Section 14-9, and such fee shall be added to the customer's next water bill.

 

Section 14-15  Calculation of Bill Where Equipment Fails.

 

(A)  If the seal of the meter is broken by other than the town's representatives or in the event that the meter fails to register the use of water, the customer shall be charged the amount computed using the appropriate follow­ing formula for the period in which the meter failed to register:

 

(1)  If the customer has been an occupant at the same location for three (3) years or more he shall be charged the current rate based upon the average consumption for the same month during the previous years of occupancy.

 

(2)  If the customer has been an occupant at the same location for less than three (3) years he shall be charged the current rate based upon the average amount of water consumed monthly.   [Amended March 12, 1996]

 

Section 14-15.1  Customer Service Line Leaks or Breaks (Adjustments)

 

(A)  Where a customer receives a water bill that reflects extraordinary charges for a billing period, and where the customer demonstrates to the reasonable satisfaction of the town that a break or leak on the customer’s side of the meter was the cause of the extraordinary charges, an adjustment may be made to the customer’s water bill in accordance with the provisions of this section.

 

(B)  An adjustment may be made to the water bill under the following conditions:

 

(1)  On a concealed leak in the customer’s piping, an adjustment may be made upon receipt of a statement from a licensed plumber, or upon receipt for a signed statement from the property owner or his/her legal representative, that the leak has been repaired and that the repair meets or exceeds the plumbing codes of the town.

 

(2)  Under other circumstances, such as the theft of services by someone other than the property owner, where the evidence indicates to the Public Works Director that an adjustment is the appropriate answer to the situation.

 

(C)  The Public Works Director shall have the authority to grant an adjustment equal to the following:

 

(1)  On the water portion of the utility bill, the customer shall be required to pay the established minimum water charge.  The Public Works Director may grant an adjustment of one-half (50%) of the remaining portion of that bill.

 

(2)  On the sewer portion of the utility bill, where the excess water from the break or leak did not enter the sanitary sewer system, the customer shall be required to pay an amount equal to the customer’s average bi-monthly sewer bill.  The Public Works Director may grant an adjustment of all other sewer charges.

 

(3)  On the sewer portion of the utility bill, where the excess water from the break entered the sanitary sewer system, the customer shall be required to pay the established minimum sewer charge.  The Public Works Director may grant an adjustment of one-half (50%) of the remaining portion of that bill.

 

(4)  If the break occurred during a period which overlapped two consecutive billing periods, both bills may be adjusted accordingly.  In no case shall the adjusted bill be lower than the average bill for the premises based on the seasonal consumption.

 

(5)  No adjustment shall be made unless the gallons billed are at least 10,000 gallons more than the average bi-monthly billing.

 

(6)  If unsatisfied with the decision of the Public Works Director, the customer may appeal that decision to the Town Manager.

 

(D)  To be eligible for an adjustment under this policy, the leak must be a concealed leak.  Leaking or running commodes; treatment systems; faucets, whether inside or outside; exposed piping; indoor or outdoor showers; hose bibs; water fountains; dishwashers; etc; shall not be considered concealed leaks.

 

(E)  Provided, however, that no adjustment will be allowed where the break or leak occurred during a period when the premises was left vacant or unattended by the customer for a period in excess of two weeks and where the customer failed to turn the water off at the meter.  This provision shall not apply, though, to the sewer portion of the utility bill where the excess water did not enter the sanitary sewer system.

 

(F)  When the Water Department personnel discover that a leak exists, and the owner is notified of the same, the owner shall take immediate steps within seven (7) calendar days to correct the situation.  Undue delay by the owner shall cause forfeiture of any benefits from this adjustment policy.

 

(G)  The record owner of property to which service is supplied shall be responsible for the repair, maintenance, or replacement of any leaks occurring in the owner’s system without regard to whether the property is occupied by the owner, a tenant, or is unoccupied.  Each owner shall be responsible for the tenant’s use of plumbing fixtures, pipes, and other water-using equipment located on the owner’s property.

 

(H)  The Town Manager is hereby authorized to enter into extended payment arrangements with a customer who has experienced extraordinary utility charges.

 

[Amended March 12, 1996]

 

Section 14-16 Prohibited Activities.

 

(A)  No unauthorized person may:

 

(1)  Supply or sell water from the town system to other persons or carry away water from any hydrant, public water fountain, or other such public outlet without specific authorization from the town;

 

(2)  Manipulate, tamper with, or harm in any manner whatsoever any waterline, sewer line, main, or appurtenance or any other part of the water or sewer system, including, but not limited to, any testing or inspection device used to measure the character or concentration of wastes discharged into the sanitary sewer system;

 

(3)  Tamper with the water meter so as to alter the true reading for the amount of water consumed;

 

(4)  Attach or cause to be attached any connection to the waterline before the water meter.

 

Section 14-17  Town Property and Maintenance Thereof.

 

All meters and cut-off boxes located before the meters shall remain the property of the town and shall be kept in good repair and working order by the town.

 

Sections 14-18 through 14-20 Reserved.

 

Article III - Town and Customer Responsibilities

 

Section 14-21  Town’s Responsibility and Liability.

 

(A)  The town shall:

 

(1)  Maintain the water and sewer lines within the town's rights-of-way and easements;

 

(2)  Reserve the right to refuse service if there is a cross connection to a private water supply, no backflow protection, or no sewer cleanout;

 

(3)  Assume liability for damage only if such damage results directly from the town's negligence;

 

(4)  Assume no liability for damage done by or resulting from any defects in the piping, fixtures, or appliances on the customer's premises;

 

(5)  Assume no liability for the negligence of third persons.

 

Section 14-22 Customer's Responsibilities.

 

(A)  The customer shall:

 

(1)  Maintain the piping system on his property at his expense in a safe and efficient manner.  The town shall not undertake to repair the customer's connections to the water or sewer line until it has been determined that the disrepair, stoppage, or other cause or impediment to the proper functioning of such line exists within the portion of the lateral between the main line and the property line.  If the property owner or his representative claims that the cause of such disturbance or stoppage exists on that portion of the lateral lying between the main line and the property line and an investigation discloses that the cause of said disturbance actually exists in that portion of the line lying between the property line and the structure which is serviced by such line, the property owner shall pay to the town the actual cost to the town of making such investigation.  If, however, upon investigation it is found that the cause of such disturbance or disrepair is in that portion of the line lying between the property line and the main line, the town shall make such repair without additional cost to the property owner;

 

(2)  Guarantee protection for town facilities or equipment located on the customer's property;

 

(3)  Pay the cost of relocating town owned facilities and equipment if done at the customer's request;

 

(4)  Not make or cause to be made any cross-connection with a private water supply;

 

(5)  Install proper and adequate backflow prevention devices;

 

(6)  Install a pressure reducing valve if deemed necessary by the administrator;

 

(7)  Install a sewer cleanout to town specifications if deemed necessary by the administrator;

 

(8)  Be responsible to the town for damage to town property that is the fault of the customer.  The cost of repairing or replacing such property will be added to the customer's bill.

 

Sections 14-23 through 14-25 Reserved.

 

Article IV - Service Termination and Reinstatement

 

Section 14-26  Termination or Interruption of Service by Town.

 

(A)  The town may terminate service for any of the following reasons:

 

(1)  Refusal by the customer to pay in full an account that remains delinquent in excess of fourteen days;

(2)  Prevention of fraud or abuse by a customer;

(3)  Failure of the customer to comply with any of the provisions of this chapter.

 

(B)  Before service is terminated, the customer shall be notified of the proposed termination and given an opportunity to be heard on the matter as provided in this article.

 

(C)  The town reserves the right to discontinue or interrupt service temporarily for any of the following reasons:

 

(1)  Emergency repairs;

 

(2)  Insufficient supply or treatment capacity;

 

(3)  Strike, riot, flood, accident, act of God, or any other unavoidable cause.

 

(D)  The town shall make a good faith effort to notify affected customers before service is discontinued or interrupted as provided in subsection (C).  However; the customer, by making application for service, agrees to hold the town harmless from liability for any damages that may occur due to discontinuance or interruption of service for the above mentioned causes.

 

Section 14-27  Notice of Proposed Termination of Service and Right of Hearing.

 

(A)  On the day that an account becomes delinquent (see Section 14-13), or as soon thereafter as possible, the town shall mail to the customer a notice informing the customer of the amount owed and stating that:

 

(1)  The customer's account is delinquent and is subject to a penalty charge of ten percent (10%) on the unpaid balance; and

 

(2)  The customer is entitled to be heard before service termination by a designated employee at a specified address or telephone number during stated business hours if there is any dispute over the amount of the bill; and

 

(3)  Unless the bill is paid in full or otherwise resolved by a specified date, the town may terminate service without further notice.

 

[Amended June 10, 1997]

 

(B)  The service termination date stated in the notice described in subsection (A) shall be the later of the following;

 

(1)  The tenth day after the date the notice is mailed; or

 

(2)  The fifteenth day after the account becomes delinquent (see Section 14-13).

 

(C)  If the town proposes to terminate service for any reason other than nonpayment, the town shall first mail to the customer a notice informing the customer:

 

(1)  That the town proposes to terminate service without further notice on a specified date, which date shall be not earlier than the tenth day after the notice is mailed; and

 

(2)  What the reasons for the proposed termination are and what, if anything, the customer may or must do to avoid termination of service; and

 

(3)  That the customer is entitled to be heard by a designated employee (at any time prior to termina­tion of service) at a specified address or telephone number during stated business hours if there is any question about the accuracy or legitimacy of the reasons stated for the proposed termination.

 

Section 14-28  Hearing.

 

(A)  The hearing provided for in Section 14-26 may be held by phone or, at the request of the customer, the customer may meet in person with the employee at the office of the employee (as specified in the notice described in Section 14-27).

 

(B)  The hearing shall be conducted informally.  The customer shall be given every reasonable opportunity to bring to the attention of the designated employee information that bears upon the reasons for the proposed termination.

 

Section 14-29  Stay of Termination Pending Hearing Outcome.

 

(A)  So long as the hearing provided for in Section 14-26 is requested and held before the service termination date indicated in the notice required by Section 14-27, the town shall postpone the proposed termination date until three days after the written decision is served on the customer as provided in subsection (B).

 

(B)  As soon as reasonably possible after the hearing, the employee conducting the hearing shall inform the customer in writing of his decision and the reasons therefor.  If the proposed termination relates to an unpaid account, the writing shall also inform the customer that unless the account is paid in full within three days after the notice is served, the service will be terminated.  This decision may be served upon the customer personally or mailed by certified mail, return receipt requested.

 

(C)  If the customer fails to make a timely request for the hearing provided for in Section 14-26 or, following a hearing, fails to comply with the decision of the town within the time specified in subsection (B), the town may terminate service without further notice.

 

Section 14-30  Lessee May Take Responsibility for Payments.

 

(A)  Whenever (i) a water meter serves a single dwelling unit or, in the case of non-residential structures, a single tenant, and (ii) the occupant of the dwelling unit or the tenant is not the person responsible for water or sewer payments (i.e. is not the "customer") and the town is aware of this fact, and (iii) the customer becomes delin­quent in his payments, then a copy of the notice of proposed termination required by Section 14-26 shall be sent to the occupant of the dwelling unit or the tenant of the non-residential structure.  Such notice shall include or be accompanied by a statement setting forth the rights of such occupant or tenant (the lessee) as provided in subsection (B).

 

(B)  When a lessor becomes delinquent in his water or sewer payments, a lessee may take responsibility for such payments and may thereby become the "customer" in accordance with the provisions of Article I.  The lessee shall not be responsible for the debts of the lessor.

 

Section 14-31 Procedure for Service Termination and Reinstatement.

 

(A)  Water and sewer service termination shall be effected only by authorized agents of the town.

 

(B)  When service is terminated, discontinued or interrupted for any reason set forth in Section 14-26, it shall be unlawful for any person other than a duly authorized agent or employee of the town to do any act that results in the resumption of service.

 

(C)  When service is terminated for non-payment of bills, the service application deposit shall be applied to the outstanding bill.

 

(D)  If there are deposit funds remaining after the deposit is applied to the outstanding bill, the excess shall be refunded to the customer.  If a portion of the bill remains outstanding, the town may proceed to collect the balance in the usual way provided by law for the collection of debts.

 

(E)  Before service will be reinstated, the customer shall be required to make full payment of any charges still outstanding on his account.  In addition, the customer shall also redeposit with the utility an amount equal to his application deposit or the amount of the bill outstanding at the time of termination, whichever is greater.

 

(F)  A charge for service reinstatement shall be made in an amount established by the rate schedule referenced in Section 14-9.

 

Section 14-32  Termination at Customer's Request.

 

(A)  The customer shall request that service be discontinued (for a change in occupancy or other reason) at least seven days before the customer desires the termination to become effective.

 

(B)  The customer shall be responsible for all water consumed and for pro-rated service up to the time service is terminated, or until seven days following receipt of the request for termination, whichever occurs sooner.

 

(C)  When all charges for service are paid in full the customer's deposit shall be refunded.  The deposit will be refunded pursuant to Section 14-8.

 

(D)  The customer shall be entitled to be heard by a designated employee concerning any dispute about the amount of the deposit refund.  The employee shall inform the customer in writing of his decision and the reasons therefor as soon as reasonably possible.

 

Sections 14-33 through 14-35 Reserved.

 

Subchapter III - Connections to the Water and Sewer System

Article V - Connection to the Water and Sewer System Where Service is Available

 

Section 14-36  Connection Required.

 

(A)  Every person who owns improved property within the corporate limits of the town shall be required, within sixty days of receipt of notice from the town, to connect such improved property to the public water and sewer systems unless service is not available [as defined in subsection (B)].

 

(B)  For purposes of this chapter; water or sewer service (respectively) is "not available" if:

 

(1)  the property on which a building or structure is located is more than 200 feet from an existing water or sewer line that reasonably could serve such property; or [Amended July 13, 1993][Amended March 11, 1995}

 

(2)  to connect to the system within the distances specified in subdivision (B)(1) it would be necessary for the person seeking the connection to purchase an easement in which to install water or sewer lines; or

 

(3)  the Town is required by law (including state or federal statute or regulation or judicial or adminis­trative order) to refuse service, or chooses to refuse service under Section 14-39.

 

(C)  Whenever sewer service becomes available under this section to property that previously has been served by a sewage treatment system other than the Town's treatment system, the owner of such property shall, within 60 days of receipt of the notice specified in Subsection (A), remove from such property any and all above ground structures, equipment, or other appurtenances that were part of or used in connection with such other sewage treatment system.

 

(D)  As used in this section, the term "improved property" means property that has been developed for any use that requires a supply of water or the availability of sewage treatment or disposal facilities.

 

Section 14-37  Permit for Connection Required.

 

No person may connect or be connected to the water or sewer system of the town until a permit for such a connection has been issued pu