A. No alterations or additions to the water supply of any premises or introduction of water in or to any premises or its supply for any purpose or the extension of any private pipe for the conveyance of such water shall be made by any owner, plumber or other person or persons whomsoever without a permit from the Mayor and Council.

B. In no case shall any connection with the water supply be made without such permit being first had and obtained and the manner of such connection approved by the Superintendent of Waterworks. Permits must likewise be obtained to disconnect and reconnect with the water supply.

A. In the event that it shall become necessary in the interest of the health, safety and general welfare of the residents of Berlin to conserve the existing water supply and to prevent waste in the use of water by virtue of existing conditions, the Mayor and Council of Berlin shall be authorized to proclaim a state of water emergency upon the vote of the Mayor and Council at an open, public hearing. In the event that such water emergency is proclaimed, the residents of the Town shall be required to restrict and otherwise control the use of municipal water within the Town upon such terms and conditions as set by the Mayor and Council within the proclamation of an existence of a water emergency.

B. In the event that a leak ensues in the water supply line within the private line of the property being served, the owner or owners of the real property, upon notice by the Mayor and Council, shall be required to repair or effectuate repair of the cause of the leak within seven days of notice. In the event that said repair is not effectuated within said seven-day period, then and in such event the Mayor and Council of the town, its agents, servants and employees are hereby authorized to enter upon said private property for the purpose of repairing the leak; and the costs thereof shall be added to the water bill or statement of the owner or owners.

A. All persons, firms and corporations using the facilities of the municipal water system shall pay a service charge at a rate as set by resolution by the Mayor and Council of the Town passed during an open public meeting and shall pay such charge as from time to time may be changed by said Mayor and Council at a public meeting. [Amended 6-26-2003 by Ord. No. 2003-12]

B. A readiness-to-serve charge shall be levied on the owners of all lots or parcels of land (improved or unimproved) located within the corporate limits of the Town of Berlin for which water service is available but not being used. Such charge shall be set by a resolution of the Mayor and Council and may be amended from time to time. [Amended 6-26-2003 by Ord. No. 2003-12]

C. All persons, firms and corporations (except an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code) located outside the corporate limits of the Town of Berlin which use the facilities of the municipal water system shall pay a charge for the use thereof at twice the rate established pursuant to Subsection A of this section. All organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code located outside the corporate limits of the Town of Berlin which use the facilities of the municipal water system shall pay a charge for the use thereof at the normal rates established pursuant to Subsection A of this section.

A. A hookup charge for a permit to hook onto the municipal water system of the Town of Berlin shall be assessed in such amounts as, from time to time, may be established by resolution duly enacted at an open public meeting of said Mayor and Council.

B. Any hookup charge for a permit to hook onto the municipal water system of the Town of Berlin outside the corporate limits of the Town shall be assessed in such amounts as established by the Mayor and Council for such extraterritorial water hookup.

A. No swimming pool located within the corporate limits of the Town shall be filled unless a permit has first been obtained from the Mayor and Council and the payment of any water charge required as a condition to the issuance of said permit has been paid in full. In determining the fee, the Mayor and Council is authorized to require an amount to be paid based upon the capacity of the swimming pool, the type of recirculation device located on said pool and the availability or lack thereof of reserve water supply based upon demand for said water then existing within the Town. This fee shall be assessed in such amounts as, from time to time, may be established by the Mayor and Council by resolution duly enacted at an open public meeting of said Mayor and Council.

B. Swimming pool owners will be assessed an annual user fee in such amounts as, from time to time, may be established by the Mayor and Council by resolution duly enacted at an open public meeting of said Mayor and Council.

A. On and after the date of January 7, 1918, all water meters shall be paid for by the party using water from the town, and, when the Mayor and Council shall, in their judgment, think it to be the best interests of the town, they can order a meter to be put on at the expense of the party using the Town meter. All meters must be approved by the Mayor and Council, and their installation must be supervised by the Berlin Water Department. Property owners and/or consumers shall be responsible for any damage to any water meter caused by the property owner and/or consumer or their agents, guests, customers, invitees, etc.

B. All commercial and industrial water use and all use of water in public buildings in said Town shall be metered hereafter unless otherwise determined by recorded action of the Mayor and Council. The Mayor and Council reserve the right to require the installation and use of water meters in other instances whenever said Mayor and Council may deem the same necessary or desirable.

C. Detector check valve. All buildings equipped with fire water systems supplied by the municipal water system shall have said systems equipped with a monitoring device (a detector check valve or its equivalent) approved by the Water Department. This device shall consist of a main-line device, which will divert a low rate of water flow through a disc meter on a bypass. This disc meter shall register and detect any meter leakage and/or unauthorized use of water through the systems. The disc-meter bypass shall not unduly interfere with high rates of flow in the fire system when said system is activated in the event of fire. These monitoring devices and check valves shall be of a type approved by the Water Department. The installation of such devices shall be under the supervision of the Water Department. The Water Department shall notify the Berlin Fire Chief of all such installations. Buildings with existing systems shall have said devices so installed within six months of the effective date of this chapter, and the property owner and/or consumer shall be responsible for any damages to such devices caused by the property owner and/or consumer or their agents, guests, customers, invitees, etc.

D. All new buildings and service upgrades except single-family homes in the Town of Berlin will be required to have a town-approved water meter installed at the builders’ expense before a water permit is issued for that building. [Added 3-13-1989 by Ord. No. 89-4]

A. All persons who may be supplied with water from any of the Town mains shall keep their own service pipe, stop cocks, meter and apparatus in good order and repair and protected from frost at their own risk and expense and shall prevent all unnecessary waste of water; and it is expressly stipulated that no claim shall be made against the Town by reason of the breaking of any service pipe or service cock or other fixture or from damage arising from shutting off water to repair a main or make private connection with same.

B. If at any time it shall be necessary to repair a private pipe within the limits of any street, court or alley, a permit therefor shall first be obtained from the Mayor and Council, and the expenses of repaving and repairs shall be paid by the person so applying for said permit.

C. The Superintendent or other person authorized by the Mayor and Council shall be authorized to inquire at any dwelling or other place where any unnecessary waste of water proceeds into the cause of the same, and, if said waste arises from want of repair in the pipes or other fixtures and if the owner or occupier of said dwelling or place shall neglect or refuse, upon 24 hours’ notice being given, to have the necessary repairs made forthwith, said Superintendent or other authorized person shall be and is hereby authorized and empowered to shut off the water leading to such place or dwelling; and the expense of any such shutoff shall be borne by the person or persons supplied by the pipe; and any person who shall let on the water before the necessary repairs are made shall forfeit and pay a fine of $25.

A. The property owner shall be responsible for all water tax bills, service charges, miscellaneous repair charges, etc., levied against the property. Failure to give or receive any notice required by this section shall not relieve any property owner of the responsibility to pay, on the dates established by this chapter, all bills levied on his property.

B. It shall be unlawful for any person to set, change, remove or interfere with equipment owned by the Town of Berlin. In the event that Berlin’s equipment is tampered or interfered with, the property owner, being supplied through such equipment, shall pay the amount which Berlin may estimate is due for service used but not registered on the meter and for any repairs or replacements required and such changes in the service as may be required by the Town of Berlin.

A. In the event that a water tax bill or statement is not paid within 30 days of the date said bill or statement is deposited in the post office at Berlin, Maryland, addressed to the address of the owner or the premises as same is reflected in the tax records of the Town of Berlin or, in the event of premises under multiple ownership, to the local address of the premises served, or in the case of a violation of any of the provisions of this chapter or any of the rules or regulations relating to the use of water or in the event that wastage of water is occurring due to the defective conditions of pipes or fixtures on the premises served, it shall be lawful for the Town of Berlin to turn off the water from the premises served until such time as all water taxes, expenses of turning the water off and on and any fines or penalties due are paid and defective conditions, if any, are corrected. Said water may be so turned off even if the then owner of the premises is not the same owner that incurred the water tax or committed the violation of this chapter or of the aforesaid rules and regulations or allowed such wastage of water.

B. The Superintendent of Waterworks or other person authorized by the Mayor and Council shall be authorized to inquire at any place where any waste of water appears as to the cause thereof. If said waste arises from a defective condition of pipes or other fixtures and the owner or occupant of said premises shall neglect or refuse, upon 24 hours’ notice being given, to have the necessary repairs made forthwith, said Superintendent or other authorized person shall have the power to cut off the water leading to such premises, and the service shall not be restored until the necessary repairs are made.

C. There will be a service charge assessed to the property owner for each response by Town personnel for the connection to or termination of water service. This fee will apply regardless of the reason for the service call and will be assessed in such amounts as, from time to time, may be established by the Mayor and Council by resolution duly enacted at an open public meeting of said Mayor and Council.

A. Any violation of any of the provisions of this chapter shall be punishable as a municipal infraction as set forth in Chapter 11 of the Code of the Town of Berlin. The fine shall be $25 per infraction. Each day that the violation continues shall be considered a separate violation.

B. In addition to the fines and penalties herein described, the Mayor and Council of Berlin may avail themselves of any and all civil and equitable remedies for the purpose of stopping continuing offenses of this chapter.