Borough of Jim Thorpe, PA Chapter 414 Utility Services

[HISTORY: Adopted by the Borough Council of the Borough of Jim Thorpe 2-10-2005 by Ord. No. 2005-03. Amendments noted where applicable.]

§ 414-1 Monthly billing for utility services.

[Amended 7-9-2009 by Ord. No. 2009-3; 3-8-2018 by Ord. No. 2018-01]

Notwithstanding any other provision in the ordinances regarding garbage collection or water and sewer, the rents or fees for these utilities will be billed by the Borough of Jim Thorpe on a monthly basis. Each bill will be mailed by the Borough of Jim Thorpe on the date designated by Borough Administration. Failure of the Borough to mail the utility bill does not relieve the obligation to pay for these services.

§ 414-2 Payment due date; late payment; termination for nonpayment; collections.

[Amended 3-8-2018 by Ord. No. 2018-01; 11-19-2020 by Ord. No. 2020-09]

A. The monthly utility bill mailed by the Borough must be paid on or before the date designated on the bill.

B. All bills shall be considered delinquent if not paid within 15 days from the date of the bill. If the bill is not paid within 15 days after the date of the bill, the bill shall be subject to a penalty of 15%.

C. The customer has the duty to notify the Borough if he/she had not received a bill. Any customer whose account for utility service is in arrears shall pay the gross amount of each bill until all outstanding indebtedness is paid, with payments being first applied to the oldest bills and then being applied progressively to the more-recent bills.

D. Failure to pay all charges as applicable shall be cause for termination of utility service until payment in full is made of all outstanding charges for utility service. Any termination of utility service shall be accomplished by the Borough in accordance with law. If service is terminated, a reconnection charge for each terminated service shall be paid before the service is restored.

E. The Borough reserves the right to allocate payment among each utility service as it deems appropriate in its sole discretion.

F. If a bill for utility services remains unpaid, the Borough shall have the right to proceed with debt collection procedures, which may include, but not be limited to, forwarding the claim to a collection agency, placing a lien on the real property, and filing a civil suit. Furthermore, a writ of scire facias may be issued under the Municipal Claims and Tax Liens Act, 53 P.S. § 7101, to enforce the lien by sale of the property. All past-due accounts are subject to all related collection costs, including, but not limited to, reasonable interest, reasonable attorneys' fees at rates as adopted by the Borough from time to time, court costs and reasonable collection agency fees. If a tenant does not pay, the property owner shall remain liable for the payment of all utility services irrespective as to whom the bill is rendered.

G. If a utility account is turned over to a third-party collection agency, the bill will be subject to additional penalties. If the third party does not engage an attorney to collect the delinquent bill, an additional 20% of the amount of the bill shall be added. If the collection agency retains the use of an attorney to collect this bill, an additional 40% of the amount of the bill shall be added. This additional penalty shall be retained by the collection agency.

§ 414-3 Unpaid fees.

Any unpaid garbage fee or sewer or water rent, together with penalties and interest thereon to the extent permitted by law, shall be a lien on the property serviced which may be collected by action in assumption or by a lien filed in the nature of a municipal lien, as provided by law. In addition, any other penalties or provisions set forth in the ordinances regarding garbage, water and sewage shall apply, including the right of the Borough to terminate the utility to any property with respect to which the fee or rent imposed is unpaid until all such fees or rents, together with interest and penalties, is paid.