[Adopted 12-17-1975 by Ord. No. 75-6]
[Amended 10-20-1987 by Ord. No. 833]
A. The owner of each improved property within the Borough
limits not already connected to the sewer system which is benefitted, improved
or accommodated by a sanitary sewer and which is or shall become accessible
to the sewer system of the Authority and upon which there is generated sanitary
sewage or industrial waste, shall, upon receipt of written notice from the
Borough connect such improved property to the sewer system without delay in
accordance with the rules and regulations of the Authority currently in effect.
For the purpose of this article, an improved property shall be deemed accessible
to the sewer system of the Authority if (a) such property shall abut upon
or adjoin a public street, alley, road or other public highway in which there
is a collection line of the sewer system owned, leased or operated by the
Borough or the Authority or (b) if a collection line of said sewer system
runs through such property.
B. If any owner of improved property required to be connected
to said sewer system, shall neglect or refuse to connect therewith after written
notice so to do, the Borough may give such owner written notice making reference
to this section and ordering such owner to make the required connection within
60 days of the date of the said notice, and upon failure of such owner to
make the required connection within said sixty-day period the Borough or its
agents may, in accordance with the provisions of the Borough Code, enter upon
such property and construct such connection and, upon completion of the work,
send an itemized bill of the cost of the construction of such connection to
the property owner which bill shall be payable forthwith. In case of neglect
or refusal by the owner of such property to pay said bill it shall be the
duty of the proper Borough officials and Borough Solicitor to file municipal
liens for said construction within six months of the date of the completion
of the construction of said connection.
C. If any owner of improved property within the Borough shall have failed to connect his or her property with the sewer system as required by Subsection
A and the Borough shall have given such owner written notice pursuant to Subsection
B of this article, and if such owner shall have failed within said sixty-day period to make the required connection, such failure shall be and hereby is declared a violation of this article, and such owner shall upon conviction thereof forfeit and pay to the use of the Borough a sum not exceeding $100 for each 90 days or fraction thereof such violation shall persist, together with costs of prosecution, such sum to be collected as prescribed by law. The sum herein forfeited shall be considered a penalty.
D. It shall be unlawful, 60 days from the receipt of written notice pursuant to Subsection
A or
B of this article in the case of new connections or pursuant to this subsection in the case of other violations, for any person, firm or corporation (a) to own, maintain, operate, or use within the Borough a privy, cesspool, vault, septic tank or similar receptacle for sanitary sewage upon any property now or hereafter improved, which is accessible to the sewer system, (b) to connect any such privy, cesspool, vault, septic tank or similar receptacle with any sewer line, (c) to discharge sanitary sewage or industrial waste into any storm sewer or other sewer or outlet other than the sewer system of the Authority, or (d) to violate the rules and regulations of the Authority governing the sewer system.
E. Any person, firm or corporation who shall violate any
provision of this article shall, upon conviction thereof, be sentenced to
pay a fine of not more than $300; and/or to imprisonment for a term not to
exceed 90 days. Every 90 days that a violation of this article continues shall
constitute a separate offense.
F. No owner of property shall be permitted to discharge
into the sewer system any waste or drainage other than sanitary sewage except
as may be expressly permitted by the rules and regulations of the Authority
currently in effect.
G. Notices to property owners under Subsections
A and
B of this article may be given either by personal service or by registered mail sent to the last known address of such owner.
In recognition of the necessity of requiring connections to the sewer system in order to protect the public health, in order to comply with the requirements of the Department of Environmental Resources of the Commonwealth of Pennsylvania, and in order to enable the Authority to finance the construction of the project, and to assure continuous operation of the sewer system, the Borough hereby covenants and agrees with the Authority and with the holders from time to time of the outstanding bonds of the Authority that the Borough will not repeal or rescind §
255-1 of this article so long as any of said bonds shall remain outstanding; that the Borough will not amend said Part in such way as to render ineffectual the intent and purpose thereof; that it will promptly give the notices contemplated by §
255-1A,
B and
D hereof in such sequence and orderly fashion, in the light of the practical time limits required for connections to be made and the availability of skilled labor to perform the work, to the end that all accessible properties may be expeditiously connected; and that it will at all times vigorously enforce the requirements hereof and prosecute violations.