[Adopted 1-6-1986 by Ord. No. 89-1986]
Sewer District No. 1 is hereby created in East
Bradford Township, is bounded and described in accordance with the
description thereof attached hereto as Appendix A and made a part
hereof and is shown on the plan or map attached hereto as Appendix
B and made a part hereof.[1]
[1]
Editor's Note: Appendixes A and B are on file
in the township offices.
As used in this article, the following terms
shall have the meanings indicated:
Any private dwelling or living unit, as hereinafter defined
or, in the case of nonresidential establishments, shall be computed
by the Authority on the basis of one equivalent dwelling unit for
each 250 gallons of water consumed per day or 250 gallons of water
per day discharged to the sewer system, as applicable the daily consumption
or discharge to be determined by averaging the quarterly total over
the number of days per quarter.
Any person vested with ownership, legal or equitable, sole
or partial, of any property served, directly or indirectly, by the
sewer system.
Any individual, firm, company, association, society, corporation
or group.
A room or group of rooms, structure, apartment, mobile home
or other building or structure intended for habitation by a person
or persons living together as a family unit.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
All temporary and permanent facilities at any time, and from
time to time, owned by the township and used or usable for or in connection
with the collection, treatment and disposal of sanitary sewage in
Sewer District No. 1.
East Bradford Township, Chester County, Pennsylvania, or
the duly constituted and elected municipal authorities thereof.
The township hereby undertakes and directs that
certain of the costs of the construction of the sewer system in Sewer
District 1 will be charged and assessed against the assessable properties
abutting on or adjoining or adjacent to such sewer system benefited,
improved or accommodated thereby to the extent of benefits as determined
by a jury of view. Assessments shall be made in the following manner:
A.
Whenever the construction of the sewer system has
been completed and approved by the consulting engineers or any successor
consulting engineers duly appointed by township, the consulting engineers
shall file with the township a statement certifying that the sewer
system has been completed and approved by them.
B.
Upon receipt by the township of the certificate of
the consulting engineers, except when the extent of benefits to properties
benefited, improved or accommodated by such construction shall have
been agreed upon by the township and the owner or owners of such properties,
the township shall forthwith, and in any case no later than three
months following the date of completion of the sewer system as referred
to in such certificate of the consulting engineers, petition the Court
of Common Pleas of Chester County for the appointment of viewers to
assess benefits for all such properties.
C.
After the amount of the assessment charged upon the
several properties has been established by confirmation by the Court
of Common Pleas of Chester County of any report of viewers, the township
shall prepare proper assessment bills, describing the properties abutting
or adjoining adjacent to the sewer system benefited, improved or accommodated
thereby and naming the owner or owners of such properties.
D.
If the extent of benefits to properties benefited,
improved or accommodated by such construction shall have been agreed
upon by the township and the owner or owners of such properties, as
soon as any such agreement is executed by the township and the owner
or owners of a particular property, the township shall prepare a proper
assessment bill describing the property abutting or adjoining or adjacent
to the sewer system benefited, improved or accommodated thereby and
naming the owner or owners of such property.
A.
All assessment bills, prepared pursuant to § 89-22, shall thereupon be dated and signed on behalf of the township by its Chairman or Vice Chairman or such other agent as shall, by resolution, be duly appointed and shall be collected from the owner or owners of each of the properties against which such assessments are charged and assessed thereby.
B.
A schedule of all assessments shall be kept by the
Secretary of the township. The Secretary of the township may also
cause a brief notice to be inserted in a newspaper or newspapers of
general circulation in the township that assessment bills have been
prepared and will forthwith be served upon the property owners.
C.
After the assessment bills have been prepared in accordance with § 89-22C and D above, the bills, so dated and executed shall be served as soon as practicable, by the township or its employees and/or agents, upon the owner or owners of such properties, either personally or by leaving the same with an adult member of the family with whom said owner or owners reside. If the owner or owners of such properties have no residence or cannot be found in the township, then the assessment bill shall be posted upon the premises or a copy thereof left with the occupant, if there is one, and shall further be mailed by registered United States mail to the owner or owners or his or their agent or attorney at his or their last known address.
All assessments, prepared pursuant to § 89-22 shall be payable forthwith to the Treasurer of the township.
If any owner or owners, against which such an assessment shall have been made, refuse or neglect to pay such assessment within 60 days after service thereof shall have been made in the manner as set forth in § 89-23 hereof, there shall be added thereto a penalty of 10%. Thereupon, the township shall forthwith cause to be filed a municipal claim or lien therefor, which, except as aforesaid, shall include such penalty, together with interest thereon at the rate of 6% per annum from the date of such assessment bill. The Treasurer of the township shall certify to the Township Solicitor all such unpaid assessments, and the Township Solicitor shall so file municipal claims therefor in the proper office of Chester County, as provided by law, against the property or properties upon which such assessment shall have been made. The Township Solicitor shall thereupon proceed to collect the same under the general law relating to the collection of municipal claims, including, if so directed by the township, the filing of suits in assumpsit. All such municipal claims shall be filed not later than six months after confirmation by the Court of Common Pleas of Chester County of any report of viewers.
[Amended 3-11-1986 by Ord. No. 90-1986]
A.
Any owner or owners of property against whom and which
assessments have been made as above provided shall have the privilege,
upon written request in the form prepared by the township filed with
the Secretary of the township within 60 days after service of the
assessment bill has been made as provided by this article and upon
payment of not less than 1/5 of the amount of the assessment against
the property of such owner or owners, together with lien costs, satisfaction
fee and connection fee, of paying the balance of said assessment in
equal monthly installments within the next following five months;
and said unpaid installments shall bear an interest at the rate of
6% per annum from the date of such assessment bill; provided, however,
that the granting of such privilege of paying the assessment in installments
shall not relieve the township from filing a lien or municipal claim
for every assessment not paid in full within 60 days of such service
of the assessment bill.
B.
In case of default of any owner in the payment of
any installment in interest as aforesaid for a period of 60 days after
the same shall become due, the entire balance of the assessment plus
a penalty of 10% on such balance and the accrued interest on the total
thereof shall become due and payable; and it shall be the duty of
the Township Secretary when any such default shall occur to notify
the Township Solicitor thereof promptly; and the Township Solicitor
shall thereupon proceed to collect the same under the general law
relating to the collection of municipal claims, including, if so directed
by the township, the following of suits in assumpsit.
C.
Any such owner who has been granted the privilege
of paying such assessment in installments as provided by this section
may pay the balance remaining due and full at any time, with interest
thereon to the next monthly payment, and such payment shall discharge
the lien or claim against such owner.
This article and any rules and regulations hereunder
shall become effective immediately. The township reserves the right
to make any modifications, supplements or amendments or other changes
from time to time as, in its opinion, may be desirable or beneficial
and to amend this article in such a manner and at such times, as in
its opinion, may be advisable, provided that the provisions as to
interest penalties and times of payment of the assessments or the
installments and of the filing of municipal claims or liens shall
not be changed.
The proper officers of the township are hereby
authorized and directed to do all matters and things required to be
done by the Acts of Assembly and by this article for the purpose of
carrying out the purposes hereof.
