[HISTORY: Adopted by the Borough Council of the Borough of
Bellefonte as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-21-1977 (Ch. 1040 of the 1979 Codified Ordinances)]
Notwithstanding anything to the contrary presently contained
in the ordinances, rules and regulations of the Borough for the establishment
of fees, charges, rentals, rates and other costs for the provision
of utility services for water, sewer and refuse to the various customers
of the Borough, the following procedure shall be followed by the proper
officers charged with the collection of moneys for the Borough for
the provision of such services prior to the discontinuance of service
by the Borough for nonpayment of rates, rentals, charges, fees or
other costs by the various water, sewer and refuse customers of the
Borough.
Prior to the discontinuance of service, the Borough Secretary
shall cause to be served upon the customer whose service is to be
discontinued, by certified mail or by personal service by a police
officer of the Borough, a notice of discontinuance of service, which
service is to be discontinued by a police officer of the Borough,
and which notice shall be served not less than 10 days prior to the
date upon which service is to be discontinued.
Such notice shall contain a statement to the effect that the
person liable for payment of the rentals, rates, charges or other
costs may, if he has a just or valid defense to the claim or any part
thereof, file within the aforesaid ten-day period a written statement
under oath or affirmation stating that he has such a just defense
and that such statement is not made or executed for the purpose of
delay, which statement shall also be under oath or affirmation.
Such notice shall be served upon the Secretary of the Council
within such ten-day period, and the utility service for which such
notice is filed shall not be terminated until such time as a hearing
upon the statement filed by the person responsible for such charges
is heard and determined by Council. Any person aggravated by such
decision of Council shall have the right, within 30 days, to appeal
such decision as appeals are presently taken under the Local Agency
Law of December 2, 1968, P.L. 1153.[1]
[1]
Editor's Note: See now 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
