As authorized by the Sewers and Sewage Disposal Ordinance, Articles II through VII of this chapter, there is hereby imposed upon the owners of, or the users of water in or on, all properties served by the public sanitary sewage system a sewer service charge for the treatment and disposal of sanitary sewage and industrial wastes, payable as hereinafter provided in the amounts hereinafter provided. The sewer service charge for the treatment and disposal of sewage shall begin to accrue from and after July 15, 1978, or thereafter on a date no more than 60 days after notice to connect to the public sanitary sewage system is given as provided in the Sewers and Sewage Disposal Ordinance.[1] Said owners and users shall be jointly and severally liable
for the payment of the sewer service charge and the penalty herein
prescribed for delinquent payment thereof.
All billings for the sewer service charge shall
be based on the water usage shown by the most recent available water
meter reading of the meters measuring water delivered to the property.
All bills for sewer service charges shall be due when rendered and
shall be subject to a penalty of 5% if not paid within 10 days from
the due date shown on the bill.
Any person requesting a reduction of the amount
of the sewer service charge because of water purchased which does
not enter the public sanitary sewage system shall make written application
to the Borough Council, giving the name and address of such person
and the address of the premises and setting forth supporting data
fully describing other sources of water, if any, as well as the disposition
of water alleged not to be entering the public sanitary sewage system.
The application shall be on such form as the Council, from time to
time, may prescribe by motion, and the application may require a sketch
to approximate scale showing the property affected, the water distribution
system, sewer layout, existing and/or proposed meters or other means
of determining the quantity of flow entering or not entering the public
sanitary sewage system. The cost of furnishing, installing and maintaining
any meters shall be borne by the applicant or by the water service
provider, as the case may be, unless the Borough Council specifically
agrees that such should be borne by the Borough. In all cases the
type, size, location, arrangement and maintenance of such meters shall
be subject to the approval and under the supervision of the Borough.
The sewer service charge and the surcharges,
where applicable, provided for in this chapter[1] shall be payable in four quarterly payments each year
pursuant to the quarterly rates provided in this chapter.[2] All bills for sewer service charges and surcharges shall
accrue interest at the rate of 1/2% per month, which interest shall
begin 30 days after the due date of the bill.
Bills and notices relating to sewer service
charges and surcharges will be mailed or delivered to the property
owner's and/or the water user's last address as shown on the books
of the Borough and/or water service provider, and the Borough shall
not be otherwise responsible for delivery of such bills and notices.
The Borough need not honor any change of address until such change
has been furnished in writing to the Borough.
The Borough and its representatives shall have
access at all reasonable times to residences, businesses and other
buildings, institutions, schools, churches, industrial and commercial
establishments connected to the public sanitary sewage system and
to any water meters measuring water used in such places and establishments
to inspect such meters, the connection with the public sanitary sewage
system and/or the discharge of sanitary sewage, water of any kind
and industrial wastes into such system.
[Amended 6-5-2017 by Ord.
No. 520]
A.
Each sewer
service charge, surcharge, penalty and interest imposed by this article
shall be a debt due the Borough and shall be a lien on the property
served and, if not paid within 30 days after the due date of the bill,
shall be deemed to be delinquent. In such event, the Borough may proceed
to file a lien in the office of the Prothonotary of the County where
the property served is located and to collect the same in the manner
provided by law for the filing and collecting of municipal claims;
or the Borough may proceed to collect such delinquent sewer service
charge, surcharge, penalty and interest by legal action. In the event
of failure to pay other sewer service charge, surcharge, penalty and
interest after they become delinquent as herein provided, the Borough
shall be authorized, in addition to any other remedies authorized
by law, and after hearing and notice thereof to the property owner
and/or the water user, to shut off the water being delivered to such
property and/or to remove or close the sanitary sewer connection and
shall have the right to enter upon the property served for such purposes
and to take such steps as may be necessary to accomplish the same;
and any expenses with respect thereto as well as the expense of restoring
any such water and/or sewer service or connection shall likewise be
a debt due the Borough, and a lien on the property served, and may
be filed and collected as hereinabove provided, and such water and/or
sanitary sewer connection may not again be turned on or restored until
all sewer service charges, surcharges, penalties and interest including
the expense of removal, closing and restoration shall have been paid.
B.
Attorney's costs, fees and expenses.
(1)
There shall be added to the claim for unpaid services reasonable
attorney's fees, actual expenses and costs incurred in the collection
of a delinquent account. The initial fees shall be assessed according
to the following schedule:
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Attorneys Fees - $175.00 per hour.
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Paralegal Fees - $90.00 per hour.
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Costs & Expenses - actual amounts expended.
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The schedule of fees set forth above may be modified from time
to time by resolution of the Borough Council.
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(2)
At least 30 days prior to imposing or assessing attorney's fees,
costs or expenses in connection with the collection of a delinquent
sewage service account, the Borough shall provide to the owner the
notice described in subparagraph (4) of this paragraph by personal
service or by United States certified mail, return receipt, postage
prepaid, addressed to the owner of the property for which the sewage
services were provided and the delinquent account arose at his last
known address.
(3)
If within 30 days of mailing the notice in accordance with subparagraph
(2) the certified mail is refused or unclaimed or the return receipt
is not received, then at least 10 days prior to assessing or imposing
the attorney's fees, costs or expenses as provided in subparagraph
(1), the Borough shall by United States first class mail, again send
the notice to the owner.
(4)
The notices shall include the following:
(a)
A statement of the Borough's intent to impose or assess attorney's
fees, costs and expenses upon the expiration of 30 days following
personal service, mailing of the notice by certified mail provided
the return receipt bearing the signature of the owner is returned,
and if not, upon the expiration of 14 days after mailing the notice
to the owner by United States first class mail.
(b)
A statement that the imposition or assessment of attorney's
fees, costs and expenses may be avoided by payment in cash or its
equivalent not later than 30 days following the date of personal service
or receipt by the owner of notice by certified mail. If notice has
been effectuated by regular mail, such payment shall be made not later
than 14 days after the date of mailing.
The sewer service charge for the treatment and
disposal of sanitary sewage and industrial wastes in every case shall
be based on the volume of water used in or on said properties as follows:
A.
Sanitary sewage. Quarter-annual rate based on metered
water: as set from time to time by resolution of the Borough Council.
For residences without metered water, the residence will be charged
at the rate of 100 gallons per day per person residing in such residence.
[Amended 10-6-2003 by Ord. No. 467]
B.
Industrial wastes. Quarter-annual rate based on metered
water: as set from time to time by resolution of the Borough Council.
A.
The fee for an inspection of an individual sewer tap-in,
main building sewer and the test of the same shall be as set from
time to time by the Borough Council, until the Borough Council acts
to change the inspection fee.
B.
In the case of a multiple development permitted under § 185-24E above, the fee for an inspection of each unit connecting sewer, including sewer tap-in, and test for the same, shall be as set by the Council, but in no event will the total fee be less than an amount as set from time to time by resolution of the Borough Council.
C.
The method/formula for calculating the tap connection
or tap-in fee for the sewer system, in accordance with the provisions
of Act 203 of 1990 [53 P.S. § 306(t)] is as follows:
(1)
The cost of the treatment facility shall be determined
using information from the 1979 expansion of the treatment facility
including the construction cost plus the costs of engineering, legal,
contingency and other soft costs.
(2)
The current replacement cost of the treatment facility will be determined by subtracting from the costs set forth in Subsection C(1) above any grants provided to the Borough for the expansion of the sewage system; then multiplying this remainder by historical cost indexes as set forth in Act 203 to determine the current replacement cost of the treatment facility.
(3)
The current replacement cost of the facility, as calculated in Subsection C(2) above, will then be divided by the increase in capacity of the treatment facility due to the 1979 expansion, and this quotient becomes the costs per gallon of sewage.
(4)
The tap connection or tap-in fee will then be determined by estimating the number of gallons per day produced by the property making the connection and then multiplied by the cost per gallon of sewage determined in Subsection C(3) above. Because the tap connection fee is payable before the property being connected has historical sewage experience, a rebate will be available one year following the connection if it is determined that the estimate was too high.
(5)
To estimate the sewage gallons per day for the property being connected [see Subsection C(4) above], the Pennsylvania DEP data estimates will be used when available. If not available, the next best data estimates, in the opinion of the engineer for the Borough, will be used.
(6)
In the case of multiple users who utilize one tap connection to the Borough's sewage collection system, whether or not such users are part of a single development or are located on properties having different owners, each such user shall be considered to be a single connection for purpose of calculating the tap connection fee under this Subsection C.
