Town Code & Ordinances Ordinance — Ordinance-20-06
Ordinance Date unknown · 3 page(s)
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Ordinance No. 20-06, introduced by Thomas B. Willis, Jr., amends Chapter 14, Section 14.35 of the Queenstown Town Code to require the property owner to pay the cost of a water meter at the time of installation (including on new connections and on sale/transfer of a buildable lot). The Town retains ownership of meters and is responsible for ordinary maintenance, while property owners are responsible for damage not caused by the Town and for payment of installation/connection fees unless prior written permission is granted by the Town Commissioners. The ordinance requires meters to meet Town-approved specifications and to be installed and inspected by the Town or its agent, prohibits unauthorized tampering or connections (with service cut off and costs charged for unlawful connections), and sets rules for billing and testing when a meter fails to register, including adjustment if a tested meter errs by 4% or more. A severability clause states that if any part is found unconstitutional, the remaining provisions remain in effect.
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ORDINAI\CE NO 20-06 Introduced by: Thomas B. Willis, Jr. AI\ ORDINANCE OF THE TOWI\ OF QUEENSTOWN TO AMEND SECTION 14.35 OF THE QUEENSTOWN CODE TO PROVIDE THAT THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR THE COST OF THE WATER METER AT THE TIME OF INSTALLATION WHEREAS, Md. Code Ann. Environmental Article $ 9-705 and the Queenstown Town Charter $ 19-60 authorize the Town to construct, operate, modiff and maintain a water and sewerage system; and WHEREAS, Md. Code Ann. Environmental Article $ 9-723 through 9-726 and the Queenstown Town Charter $ 19-65 authorize the Town to establish rates, fees and charges for municipal water and sewer services; and WHEREAS, the Commissioners of Queenstown have determined that it is desirable and in the public interest to amend Chapter 14 of the Queenstown Town Code, Section 14.35 to require the property owner to cover the cost of the water meter at the time of installation. NOW THEREFORE, the Commissioners of Queenstown hereby ordain as follows: Section 1. Section 14.35 is hereby amended as follows: Section 14.35 Use of Water Meters. A. Water meters. Water meters shall be installed for each dwelling unit or building connected to the Town's water system. Water meters shall also be installed: l. Upon any new connection to the Town's water and/or sewerage system; and 2. upon a sale, transfer or conveyance of an existing buildable lot of record to a third Party. B. All water meters will rernain under the ownership of, and will be maintained by; the Town as far as ordinary wear and tear are concerned. The property owner shall be responsible for any injury to, or loss of, the meter not caused bY Town. C. Any meters installed pursuant to this section shall be of a type, size and specifications approved by the Town, or its agents, and shall be installed and inspected by the Town's agent or representative upon the payment of the refuired fei to ,or", all costs for the water connection including the cost of the Ordinance 20-06 Water Meter Installation Cost Paee I meter, unless the property owner obtains prior written permission from the Town Commissioners and/or their duly authorized agent. D. It shall be unlawful for any person not specifically authorizedby the Town to interfere with, remove, replace or tamper with a meter or a meter seal. E. No connection shall be made to any water service pipe between the water main and the meter, except as installed by the Town or its agents. If such unlawful connection is found, the water service will be cut off until the unlawful connection is disconnected and abandoned. Any expense incurred by the Town due to an unlawful connection shall be paid for by the responsible property owner before water service is restored. F. Where a water meter fails to register the total amount of water used, the property owner shall pay for such period an estimated amount based on consumption in a similar period. The property owner shall at once notiff the Town of any injury to, or any cessation in registration of, the water meter as soon as it comes to his knowledge. In the case of a disputed account involving the accgracy of a water meter, such meter shall be tested, upon the request of property owner, in conformity with the provisions of the rules and regulations pertaining to water service utilities of the Public Service Commission of Maryland. In the event the water meter so tested is found to have an error in registration of 4%o or more, the bills will be increased or decreased accordingly as provided by the aforesaid rules. Section 2. Unless specifically amended as set forth above, all other provisions of the Town Code shall remain unchanged. Queenstown Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any ."^ott, n"fd to be unconstitutional, such decision shall not affect the validity of the ronaining portions of this Ordinance. The Town Commissioners of Queenstown hereby declare that they would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective oi th" fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. ORDAINED, APPROVED, AND PASSED by the Town Commissioners for the Town of j$Auy of Queenstown on this bece"$tJ- , 2020. WITNESS: TTOOWWNN CCOOMMMMIISSSSIIOONNEERRSS FFOORR TTHHEE TOWN OF QUEENSTOWN: Thomas B. Willis, Jr., Alton Hardee. Jr. Commissioner Ordinance 20-06 Water Meter Installation Cost Page2 Language sH€km indicates language deleted Language n bold and italicized indicates langu4ge added dinaoc€ 20-06 Water Meter Installation Cost Page 3