Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
[Adopted 4-21-1997 by Ord. No. 382]
This Township shall proceed with the acquisition and construction of the sewer system in accordance with said plans and specifications prepared by the consulting engineers, which plans and specifications have been approved by this Township, the Pennsylvania Department of Environmental Protection and other governmental regulatory bodies having jurisdiction, upon such land and in such streets, roads, lanes, courts, cul-de-sacs, public squares, alleys, highways and rights-of-way as shall be necessary.
This Township does charge a portion of the assessable costs of the sewer system against properties accommodated or benefited thereby, by equal assessment on all properties abutting on the sewer system, in proportion to the total cost of construction of the sewer system, as determined by the Board of Supervisors, in the amount(s) set forth in Exhibit A attached hereto and made a part hereof;[1] and this Township does declare and determine that the aggregate amount thus charged against such properties by assessment does not exceed the estimated total assessable costs of such sewer system.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
Such assessments shall be made and collected in the following manner:
A. 
Whenever construction of a sewer or sewers has been completed in a street, road, lane, court, cul-de-sac, public square, alley, highway or other public property or in private property which shall abut upon, shall be adjacent to or shall front upon a particular property or a particular group of properties and has been approved for assessment purposes by the consulting engineers (which phrase "consulting engineers," when hereinafter used, shall include any successor consulting engineers duly appointed by this Township), this consulting engineers, within 30 days thereafter, shall file with the Treasurer of this Township a statement:
(1) 
Certifying that such sewer or sewers has been or have been completed and has been or have been approved for assessment purposes by the consulting engineers;
(2) 
Stating the date of such completion;
(3) 
Describing such sewer or sewers in reasonable detail;
(4) 
Describing the property or properties abutting thereon, adjacent thereto or fronting thereupon that are benefited, improved or accommodated thereby;
(5) 
Setting forth the amount or amounts of the proposed assessment or assessments against such property or properties, computed in accordance with provisions of this article;
(6) 
Setting forth the name or names of the owner or owners of such property or properties; and
(7) 
Certifying that such proposed assessment or assessments, together with all assessments theretofore made by this Township under provisions hereof, together with the estimated amount of all assessments thereafter to be made by this Township under provisions hereof will not exceed the assessable costs of construction of the sewer system.
B. 
Upon receipt by the Treasurer of this Township of any certificate of the consulting engineers, as provided for in subsection A above, he shall examine the same and shall determine whether or not such certificate and such proposed assessment or assessments are in accordance with provisions of this article. After making such determinations and such adjustments, if any, as may be necessary and appropriate, the Treasurer of this Township shall direct the preparation of a proper assessment bill for the amount charged against each property.
C. 
A proper assessment bill for each property shall be prepared and executed on behalf of this Township by its Treasurer, and such assessments, so determined, shall be collected from the owner or owners of each property against which such assessment shall have been charged, in the manner provided in this article. The Treasurer of this Township, at the discretion of this Township, also shall cause a brief notice to be inserted in a newspaper of general circulation in this Township to the effect that appropriate assessment bills have been prepared and will be served upon property owners of a designated area.
D. 
Within 30 days of the filling with the Treasurer of this Township of any certificate of the consulting engineers, as provided in Subsection A above, assessment bills, in the form specified in Subsection C above, shall be sent to the owner or owners of such property or properties, by registered or certified mail, return receipt requested, at such owners' last known address.
It is the intent of this article to make equitable assessments against properties accommodated or benefited; and this Township reserves the right to make such adjustments as may be necessary to carry out such intention, including, without limiting the generality of the foregoing, adjustments for use and potential use of such properties.
All assessments (including annual installments thereof) shall be payable to this Township. The Treasurer of this Township shall deposit all revenues received from assessments, together with any interest paid thereon, accompanied by a statement showing the total amount so collected. The Treasurer shall segregate all such revenues from assessments in an account separate and apart from all other funds of this Township, and shall apply them for to sewer system purposed.
If any owner or owners of property against which an assessment shall have been made does not pay such assessment in full within 60 days after services of any assessment bill shall have been made, this Township may file a municipal claim or lien therefor, together with interest at the rate of 4% per annum from the date established by the Board of Supervisors of this Township but not earlier than completion of the work. The Treasurer of this Township shall certify to this Township's solicitor all unpaid assessments and such solicitor, at the direction of the Board of Supervisors of this Township, shall file municipal claims or liens therefor against the property or properties with respect to which such assessment or assessments shall have been charged in the proper office of Monroe County, Pennsylvania, as provided by law. Such solicitor thereupon shall proceed to collect all such assessments under general laws relating to collection of municipal claims, including, if so directed by this Township, the filing of suit or suits in assumpsit, unless the owner or owners shall elect (which election shall be presumptively made in the absence of written notice to this Township to the contrary) to pay such assessment or assessments in installments, as provided in § 113-49, and at the time shall not be in default in payment of installments, including interest, as provided in § 113-49. In no event shall any municipal claims be filed later than the last day permitted by law for such filing. Certificates of the consulting engineers filed with this Township shall be conclusive with respect to the times of completion as therein set forth.
A. 
Any owner or owners of property against which an assessment shall have been made as provided in this article shall have the privilege, provided that all previous installments and other sums payable to this Township with respect to the sewer systems have been paid in a timely manner, to make payment of such assessment in five consecutive annual installments, with the first installment being due and payable within 60 days after the assessment bill has been served and one of the remaining four installments begin due each subsequent calendar year thereafter and being payable, together with interest on the balance due at the rate of 4% per annum, on dates in each subsequent calendar year as shall be determined by this Township; provided, however, that the granting of such privilege of paying any assessment in installments shall not prevent this Township from filing a municipal claim or lien for any assessment not paid in full within 60 days of service of the assessment bill.
B. 
In case of default of any such owner or owners in payment of any installment and accrued interest, as aforesaid, for a period of 60 days after the same shall become due, the entire balance of the assessment and accrued interest shall become due, whereupon it shall be the duty of the Treasurer of this Township, when any such default shall have occurred, to notify this Township's solicitor of such fact promptly and such solicitor shall proceed to collect the same under the general laws relating to collection of municipal claims, including if so directed by this Township, the filing of suit in assumpsit or other appropriate proceeding.
C. 
Any such owner or owners who shall have the privilege of paying any assessment in installments as provided in this section, may pay the balance remaining due, in full, at any time, with interest thereon to the next annual installment payment date, and such payment shall discharge the municipal claim or lien.
D. 
If any such owner or owners of assessable property shall subdivide such property, he immediately shall pay the applicable assessment, in full, upon any subdivided portion(s), and such payment shall discharge the municipal claim or lien insofar as such applies to such subdivided portion which otherwise would be encumbered and charged with the lien.
Proper officers of this Township are authorized and directed to do all matters and things required to be done by Pennsylvania laws and hereby for the purposes of carrying out the intent and purposes of this article.
This Township reserves the right, from time to time, to adopt modifications of, supplements to or amendments of this article; provided, however, that the provisions with respect to interest, times of payment of assessments or installments thereof and filing of municipal claims or liens shall not be changed in a substantial manner, unless such change shall be necessary to bring the same in compliance with applicable law.