The public stormwater management facilities owned or managed by the Borough of Dallastown located within the Borough or outside of the Borough shall be operated and periodically maintained by the Borough of Dallastown, by or under the supervision or coordination of the Borough Maintenance Supervisor or, in the absence of the Borough Maintenance Supervisor, under the supervision or coordination of the Borough Manager.
A. 
A stormwater services fee and the small project fee shall be used for and regarding the maintenance of the said public stormwater management facilities, sewers and drains is hereby imposed upon all owners of real estate located within the Borough of Dallastown for each dwelling, business, educational, industrial and commercial unit situate upon said real estate of each such property owner.
B. 
The residential rate for the stormwater services fee is hereby established in the amount of $10 per year upon each dwelling unit located in the Borough of Dallastown.
C. 
The commercial/industrial rate for the stormwater services fee is hereby established in the amount of $20 per year upon each business, educational, industrial and commercial unit located in Dallastown Borough.
D. 
The rates for said stormwater services fee may hereafter, be changed and set by resolution duly adopted by Dallastown Borough Council.
E. 
The stormwater services fee imposed by this article shall be paid each year on January 30.
A. 
A separate capital reserve fund is hereby created under and pursuant to the terms and provisions of § 1202(33) of the Borough Code.[1] All stormwater services fees and small project fees received by the Borough of Dallastown shall be deposited into this capital reserve fund. The Dallastown Borough Council is hereby authorized to budget and appropriate money for this capital reserve fund if it deems the same to be appropriate. Any money so appropriated shall be deposited in this capital reserve fund.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202(33).
B. 
All money deposited into this capital reserve fund shall be invested and administered and shall be used only for the maintenance of the public stormwater management facilities, and/or adjacent facilities sewers and drains owned or managed by the Borough of Dallastown and located in the Borough or outside of the Borough and for the purpose of acquiring or replacing equipment, machinery or motor vehicles for and regarding the said public stormwater management facilities and the maintenance thereof.
C. 
Expenditures from this capital reserve fund for said purposes may be made only upon action duly authorized at a public meeting of the Dallastown Borough Council.
Every property owner situate within the Borough of Dallastown, York County, Pennsylvania, shall provide the Borough of Dallastown with, and thereafter shall keep the Borough of Dallastown advised of his or her correct mailing address. Failure of any person to receive bills for the stormwater services fee imposed by this article shall not be considered an excuse for nonpayment thereof, nor shall such failure result in an extension of the period of time during which the said bills shall be payable at the face amount thereof.
A. 
Stormwater services fees imposed by this article shall be a lien, as and from January 30 of the year for which it is imposed, on the entire parcel of real estate upon which is situate the dwelling, business, educational, industrial or commercial unit for which the stormwater services fee is imposed.
B. 
Each owner of a unit upon which the stormwater services fee is imposed shall pay the same within 90 days following the date of the bill for such stormwater services fee.
C. 
If the stormwater services fee is not paid within 90 days after its billing date, then on the 91st day following said billing date a penalty of 10% of such fee shall be imposed and added thereto and shall be paid by the owner or reputed owner of the unit for which the stormwater services fee was billed. Furthermore, if a stormwater services fee is not paid within 90 days after its billing date, the same shall bear interest at the rate of 6% per annum from and after January 1 of the year for which the stormwater services fee is charged until the same, together with all interest, penalties, costs and fees, are paid in full by Sheriff or otherwise. In addition, if a stormwater services fee is not paid within 90 days following its billing date, a municipal claim is hereby authorized to be filed according to law at the Court of Common Pleas of York County, Pennsylvania, upon the real estate on which is situate the unit for which the stormwater services fee is imposed, together with all attorney fees incurred in the collection or enforcement thereof which shall be part of such municipal claim under and pursuant to § 11-1 of the Code of the Borough of Dallastown or any amendment or replacement thereof.