[Adopted 3-19-1996 by Ord. No. 57]
[Amended 5-23-2001 by Ord. No. OO-01-2]
Any consumer or owner or occupant of a structure
that is more than 60 days delinquent in payment of sewage charges
shall be subject to the termination of water service to the subject
structure. The West View Water Authority is hereby authorized, upon
the request of the Kilbuck Township Secretary, to terminate water
service to such a structure, owner, occupant or consumer until such
time as all delinquent charges, costs, interest, penalties and lost
revenues are paid in full by said owner, occupant or consumer.
[Amended 5-23-2001 by Ord. No. OO-01-2]
In the event that a sewage account is more than
60 days delinquent, the Township Secretary, or his/her designee, shall
send the consumer or owner or occupant of the structure serviced that
is in delinquent status a notice that the account is delinquent, which
notice shall state the amount of the balance due (exclusive of costs,
interest, penalties and lost revenues); the date that water service
shall be terminated, which shall be at least 10 days after the mailing
of said notice; and the rights of the consumer or owner or occupant
to claim a defense to the claim of delinquency and request a hearing
as is described hereinbelow. The notice referred to herein shall be
posted by U.S. mail, first class, postage prepaid and by posting a
copy of same at a main entrance to the premises. The administrative
cost of notice and collection of the delinquent amount, which cost
shall be as set from time to time by resolution of the Board of Supervisors,
shall be added to the amount of the delinquent account.
If during such ten-day period the consumer or
owner or occupant of the subject structure delivers to the Township
a written statement, under oath or affirmation, that he/she has a
just defense to the claim, or a part of it, for such amounts claimed
to be due, then the water service shall not be terminated until the
claim of defense is judicially determined. The aforesaid declaration
under oath or affirmation shall contain a statement that it was not
executed for the purpose of delay.
If a consumer or owner or occupant fails to
file a timely claim of defense then the water service shall be terminated
and kept shut off until the account is brought current, including
the payment of costs, interest, penalties and lost revenue.
A.
If a consumer or owner or occupant files a claim of
defense to the claim of delinquency within 10 days of the posting
of said notice than all proceedings shall be stayed until a hearing
is held to determine the merit of said claim. The hearing shall be
held by the Township Supervisors who may consider, inter alia, the
following factors:
B.
The decision of the Township shall be in writing and
posted to the consumer or owner or occupant within seven days of the
hearing.
The Township may pursue any other lawful remedy
available at law or at equity for the collection of delinquent sewer
charges.
