[Adopted 6-23-2003 by Ord. No. 2-2003]
This article shall be known as the "Uniform User Charge for Willistown
Township Police Services Ordinance."
There is hereby imposed a uniform user charge upon every unit of real
property for the consumption of law enforcement services in excess of six
incidents of service in any yearly period.
As used in this article, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning is
intended:
The user charge imposed herein shall be computed by multiplying $75
per hour by 200% and by multiplying that product by the total time computed
in one-tenth hour segments, rounded up to the nearest one-tenth hour, of each
Township law enforcement officer upon the unit of property during the yearly
period in excess of six incidents of service. In addition, Workers' Compensation
expenditures by the Township to and on behalf of Township employees for an
accident sustained on the unit of property and the Township's cost to
repair or replace equipment damaged or destroyed on the unit of property during
a chargeable incident of service shall be added to the user charge.
The Police Department shall identify each incident of service in excess
of six to any unit of property in a yearly period and determine the time spent
after the first six incidents of service upon the property by certified law
enforcement officers and report the identity of the property and the time
to the Township Treasurer within 60 days of the end of the yearly period.
Within 90 days of the yearly period, the Township Treasurer shall mail an
invoice to the owner of the unit of property and to such other persons as
the Township Treasurer finds it expeditious to invoice. Each invoice shall
be paid in full within 30 days of its date.
If such invoice is not paid in full within 30 days, a lien is hereby
created in favor of the Township upon the unit of property in the amount of
the invoice, fees and expenses, including attorney's fees, and bearing
a rate of interest as provided by law. Such lien shall be enforced in the
manner provided by the laws of the Commonwealth of Pennsylvania for municipal
claims.
Within 30 days of the date of mailing an invoice, the authorized representative
of a unit of property may appeal the imposition of the user charge to the
Township Board of Supervisors. The Board of Supervisors shall consider the
correctness of the computation of the invoice and validity of the determination
of the incidents of service. Ability to pay the user charge is not the basis
for adjustment of the invoice. The Board of Supervisors' decision upholding,
modifying or reversing the invoice shall constitute final administrative action.
The Township Supervisors find that this article is enacted to promote
the health, safety, welfare and morals of the public by effective deployment
of a finite public service in a manner which protects the general public from
the responsibility for payment of the cost of those properties on which those
responsible fail to prevent excessive and inappropriate demands for law enforcement
services.
The provisions of this article are severable, and if any section, sentence,
clause, part or provision thereof shall be held illegal, invalid, or unconstitutional
by any court of competent jurisdiction, such decision of the court shall not
affect or impair the remaining sections, sentences, clauses, parts, or provisions
of this article. It is hereby declared to be the intent of the Board of Supervisors
that this article would have been adopted as if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision has not been included herein.
