(a) Any building, structure, or other improvement which is erected, altered, installed or maintained in violation of any of the provisions of this chapter is hereby declared to be a nuisance per se and the person charged with enforcement of this chapter may apply to a court of equity for abatement of such nuisance. The Township shall recover the attorney fees, if successful in this litigation.
(b) Adjustments to water charges may be permitted for a period of time retroactively six years from the date a written request for adjustment is submitted. Written requests must be submitted to the Superintendent of the Department of Public Services in writing with receipt of acknowledgement in writing or delivered electronically with electronic receipt. No adjustment may be made for a period greater than six years from the date of receipt of such request for adjustment. A customer may submit evidence that they determine as relevant within seven days of the application and a determination shall be made upon the submittal of evidence in 14 days by the Director of the Department of Public Services. The Director of the Department of Public Services shall consider and determine whether an adjustment is appropriate. The burden of proof is upon the party seeking adjustment. Only the customer of record for periods for which adjustment is sought, may seek adjustment and receive adjustment. The Township shall be the sole and final decision maker determining whether a preponderance of evidence exists, warranting adjustment. Any party aggrieved from the decision of the Director of Public Services, may apply in writing, within 14 days to a committee consisting of the Township Supervisor, Clerk and Treasurer through submitting such requests in writing to the office of the Township Supervisor. A hearing shall be scheduled within 30 days and a decision thereafter made within ten days following such request.
(c) Should it become necessary to shut off water from any section of the Township because of accidents or for the purpose of making repairs or extensions, the Water and Sewers Department will endeavor to give timely notice to the consumers affected thereby, and will as far as practical use its best efforts to prevent inconvenience and damage arising from any such causes. However, the failure to give such notice shall not render the Department responsible or liable for damages that may result therefrom, or from any other cause.
(d) Should a scheduled interruption of sewer service become necessary, the Department will endeavor to give timely notice to customers who may be affected thereby, and will as far as practical use its best efforts to prevent inconvenience and damage arising from such an interruption. However, the failure to give notice shall not render the Department responsible or liable for damages that may result therefrom, or from any other cause. Furthermore, any other sewer service interruption shall not render the Department responsible or liable for damages that may result therefrom.
(Ord. 319. Passed 12-22-97; Ord. 428. Passed 3-13-17; Ord. 482. Passed 10-24-22.)