Borough of Wallington, NJ Article I Sewer Connections

[Adopted 5-13-1970 as Ch. XI of the 1970 Revised General Ordinances (Ch. 263, Art. I, of the 1992 Code)]

§ 296-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

SEWAGE

Any and all liquid waste containing animal or vegetable matter in suspension or solution and the water carrying waste from the discharge of toilets, laundry tubs, washing machines, sinks and dishwashers or any other source of water carrying bodily waste of human beings or waste containing putrescible material.

§ 296-2 Connections required.

[Amended 9-25-1997 by Ord. No. 97-20]

The owner of any house, building or structure located in a street in the Borough of Wallington along the line of any sewer which is now in operation, or is constructed in the future in the Borough, shall connect the drainage of all sources of sewerage in his house, building or structure to the sewer at the owner's sole cost and expense. Each house shall have a separate connection to the sewer system, which connection shall be maintained by the homeowner at the homeowner's sole expense.

§ 296-3 Time limit for making connections.

Connections shall be made within 30 days after the service of notice as provided in § 296-4.

§ 296-4 Notice to connect.

A. Notice required. The Sanitary Inspector shall give at least 30 days' notice to the owner of the property affected before proceeding to award a contract for the making of the connection or causing it to be made by the Borough as provided in § 296-5.

B. Contents of notice. The notice shall contain a description of the property affected sufficient to identify it and a statement that if the connection is not made within 30 days after service of the notice the Borough shall make it or cause it to be made at the owner's expense under the authority of N.J.S.A. 40A:26A-1 et seq. No special form of notice shall be required.

C. Service of notice.

(1) The notice shall be served as follows:

(a) Upon an owner residing in the Borough personally or by leaving it at his usual place of residence with some member of his family above the age of 14 years.

(b) Upon an owner not residing in the Borough personally or by mailing it to his last known post office address or by service upon an occupant of the property or an agent of the owner in charge of the property.

(2) Where service cannot be made under Subsection C(1)(a) or (b), the notice may be served by publishing it once in a newspaper circulating in the Borough. One published notice may relate to several different properties.

(3) Owners who are infants or of unsound mind or the beneficiaries of trusts shall be given notice by service upon their guardians or trustees. Where there is more than one owner of the same piece of property, service upon one owner shall be notice to all.

D. Proof of service. Proof of service of a notice shall be filed with the Tax Collector within 10 days after service is made.

E. Defective notice. Failure to file proof of service, misstatement of the name of the property owner or similar errors or omissions in the giving of notice shall not invalidate any charge imposed for a sewer connection where an actual benefit to the property results.

§ 296-5 Connection by Borough.

A. Failure to connect after notice. If a property owner fails to make the required connection with the sewer system within 30 days after being served with notice to do so, the Council may cause the connection to be made under the supervision of the Director of Public Works or may award one or more contracts to make it.

B. Contracts. Contracts for the making of sewer connections shall be awarded in the same manner, after advertising, as any other Borough contract. In lieu of awarding separate contracts for the making of each connection, the Council may award one contract for the making of all connections which the Borough may desire to have made within a period of one year or less.

§ 296-6 Recovery of costs.

A. Record of costs. When a sewer connection is made by the Borough or under a contract awarded by it, an accurate record of all expenses shall be kept. Where several properties are involved, the expense shall be apportioned among them. Upon completion of the work, a sworn statement as to the expenses incurred shall be filed with the Clerk by the Director of Public Works. The Council shall examine the statement and, if it is properly made, shall confirm it and file it with the Borough Tax Collector, who shall record the charge in the same manner in which assessments are recorded.

B. Lien; interest. From the time of its confirmation, each sewer connection charge shall be a first lien upon the property affected and shall bear interest and penalties and be collected and enforced in the same manner as assessments for local improvement.

C. Installment payments. The Council may, by resolution, provide for the payment of sewer connection charges in installments. In that event, they shall be payable, bear interest and be collected and enforced in the same manner as assessments for local improvements.

§ 296-7 Toilets required.

All buildings or structures in the Borough used by human beings as dwellings or for eating, sleeping, working, recreation or entertainment purposes shall be provided with toilets of the flush or water-closet type, which shall be maintained in a sanitary and proper working order at all times. All such buildings or structures which do not have toilets or in which the toilets are not in sanitary and proper working order are declared to be a nuisance and unfit for human habitation, and the Sanitary Inspector may order them to be vacated until the terms of this section have been complied with.

§ 296-8 Violations and penalties.

[Added 12-20-1993 by Ord. No. 93-19[1]]

Any violation of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).