Sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewage collection system, for use of the sewage collection system, whether such use shall be direct or indirect, and for services rendered by the Authority in connection therewith, including any charges payable by the Borough to the Joint Authority pursuant to provisions of the service agreement, which sewer rentals or charges shall commence and shall be effective as of the date of connection of each such improved property to the sewage collection system and shall be payable as provided herein, in accordance with the following schedule of rates and classifications:
A. 
Residential.
(1) 
Each private dwelling unit: as established by resolution of the Borough Council.
[Amended 5-13-1975 by Ord. No. 75-4; 4-9-1989 by Ord. No. 89-3; 4-9-1991 by Ord. No. 91-1; 9-12-2017 by Ord. No. 2017-04]
(2) 
Each dwelling unit in a double house, in a row of connecting houses or in an apartment building shall be billed as a separate entity. If two or more families use separate cooking and/or toilet facilities in an improved property, the sewer rental or charge payable hereunder shall be computed as though each such family was a separate user with a separate connection to a sewer.
B. 
Nonresidential (commercial, industrial, schools, clubrooms, taverns, firehouses, professional offices, hotels, restaurants, churches, service stations, garages, barbershops, beauty shops, laundromats, institutions, etc.).
(1) 
All owners of nonresidential improved properties connected to the sewage collection system shall pay sewer rentals or charges as established by resolution of the Borough Council per unit on the basis of equivalent dwelling as set forth in the following schedule:
[Amended 1-13-1970 by Ord. No. 70-1; 5-13-1975 by Ord. No. 75-4; 4-9-1989 by Ord. No. 89-3; 4-9-1991 by Ord. No. 91-1; 4-14-1998 by Ord. No. 98-2; 8-11-1998; 9-12-2017 by Ord. No. 2017-04; 10-10-2017 by Ord. No. 2017-05]
Category
Equivalent Dwelling Units
Each retail store, business, industry or professional office not providing showers for employees, having 10 or less employees
1
Each additional 5 employees or fraction thereof
1/2
Each business or industry providing showers for employees, having 8 or less employees
1
Each additional 4 employees or fraction thereof
1/2
Each restaurant, tavern and club, per 15 seats or fraction thereof
1
Each hotel, motel and boardinghouse, per 4 rental rooms or fraction thereof
1
Each bed-and-breakfast, per 4 rental rooms or fraction thereof
1 1/2
Each additional 3 rooms or a fraction thereof
1
Each service station, garage and/or automobile repair shop, 2 bays or less
2
Each additional bay over 2
1/2
Each laundromat, per 5 washers or fraction thereof
1
Each barbershop and beauty shop not attached to or forming part of owner's residence
1/2
Each additional 2 chairs or fraction thereof
1/2
Each barbershop or beauty shop attached to or forming part of the owner's residence, 2 chairs or less
1/2
Each additional 2 chairs or fraction thereof
1/2
Each church and fire company
1
Each improved property having a commercial garbage grinder (3/4 horsepower or greater), per each such grinder.
1
Each trailer
1
Each school, public or private, having:
Toilet facilities only, per 35 pupils
1
Toilet facilities and kitchen, per 27 pupils
1
Toilet facilities and gymnasium, per 23 pupils
1
Toilet facilities, kitchen and gymnasium, per 19 pupils
1
(2) 
Sewer rentals and charges for schools payable hereunder shall be computed on the basis of the average number of pupils enrolled during the school term preceding the date of the quarterly billing. Teachers and employees shall be included as pupils for purposes of such computation.
(3) 
Sewer rentals and charges for businesses or industrial units payable hereunder shall be computed on the basis of the average number of employees, including individual owners and employers, for the calendar quarter preceding the date of the quarterly billing.
(4) 
If the owner of any nonresidential improved property, including any school, shall fail to provide this Borough with complete information required to compute the sewer rental and charge to such nonresidential improved property, this Borough may estimate a reasonable applicable sewer rental and charge for such nonresidential improved property and such estimated sewer rental and charge shall be the actual sewer rental and charge payable until the required information is filed; provided, however, that no rebates will be paid by this Borough if the information filed reveals a lower indicated sewer rental and charge than that estimated by this Borough.
C. 
If two or more dwelling units, stores, offices, industrial units, etc., are connected to the sewage collection system through a single lateral or if two or more types of use are made of the same improved property, the sewer rentals and charges payable hereunder shall be computed as though each such dwelling unit, store, office, industrial unit, etc., and each such type of use were a separate improved property or user with a separate connection to a sewer.
D. 
Additional classifications and sewer rentals or charges or modifications of the above schedule of sewer rentals or charges may be established by this Borough from time to time as deemed necessary.
E. 
Nothing herein contained shall be deemed to prohibit this Borough from entering into separate agreements with owners, including any school, with respect to sewer rentals or charges to be imposed in those cases where, due to seasonal fluctuations or other unusual circumstances, the sewer rentals or charges set forth herein shall be deemed by this Borough to be unfair or inequitable.
A. 
All bills for sewer rentals or charges shall be rendered in calendar quarters, on the first days of January, April, July and October, respectively, in each year, or on such other dates as this Borough by resolution shall specify, and shall cover a quarterly billing period consisting of the immediately preceding three complete calendar months.
(1) 
All bills for sewer rentals or charges based on estimates of this Borough shall be rendered for each calendar quarter promptly after the estimates are made.
(2) 
Owners of improved properties connected to the sewage collection system during any calendar quarter shall pay a pro rata sewer rental or charge for service for the balance of the calendar quarter.
(3) 
Upon application made in writing, on forms provided by the Borough Secretary, sewer rentals or charges may be abated pro rata during any period of 30 or more consecutive days during which an improved property connected to the sewage collection system is vacant as a result of fire, storm or other casualty. This provision specifically does not apply to those improved properties which are condemned under the Marietta Borough Housing Ordinance[1] as being unfit for human habitation or otherwise condemned under said ordinance, which condemnation was made under said ordinance for reasons other than those resulting from fire, storm or other casualty. The abatement allowed for hereby shall not include that portion of the sewer rental or charge which is passed through by the Borough of Marietta to the Joint Sewer Authority pursuant to the provisions of the Service Agreement, unless the said Authority also issues an abatement for that portion of the quarterly rental or charge.
[Amended 3-13-1979 by Ord. No. 79-2; 3-10-1998 by Ord. No. 98-1]
[1]
Editor's Note: See Ch. 184, Housing Standards.
(4) 
Abatement of sewer rentals and charges.
[Added 8-11-1987 by Ord. No. 87-10]
(a) 
Upon application made in writing, on forms provided by the Borough Secretary, sewer rentals or charges may be abated by owners of improved properties connected to the sewage collection system which are vacant and not being used for human occupancy or use at the election of the property owner and from which no discharge is being made into the sewage collection system. This abatement section is different than the aforegoing section wherein abatements can be granted in cases of casualty loss to the property. The abatement allowed for hereby shall not include that portion of the sewer rental or charge which is passed through by the Borough of Marietta to the Joint Sewer Authority pursuant to the provisions of the Service Agreement, unless the said Authority also issues an abatement for that portion of the quarterly rental or charge.
[Amended 3-10-1998 by Ord. No. 98-1]
(b) 
Abatements will be granted pursuant to this subsection only upon confirmation to the Borough by the property owner that there is no discharge being made, said confirmation to be effectuated by the property owner following the requirements and procedures set forth hereinafter:
[1] 
Concurrent with making an application for an abatement, the property owner shall present proof that water services have been suspended at the property for a period of at least two quarters preceding the date of application. Such proof can be either in the form of two quarterly water bills reflecting nonusage and/or a written verification from the water company showing suspension of service.
[Amended 3-8-1988 by Ord. No. 88-1]
[2] 
Upon receipt of an application and proof of two quarters of nonusage as aforesaid, abatement of sewer fees shall be granted for subsequent quarterly billings.
[Amended 3-8-1988 by Ord. No. 88-1]
[3] 
In order for an abatement to continue, the property owner must present water bills showing nonusage to the Borough each quarter thereafter evidencing continued nonusage or, if not metered water usage, once each year submit to the Borough written verification from the water company of nonusage. It shall be the responsibility of the property owner to inform the Borough Sewer Secretary when water service is resumed at the property within five days of the resumption of such service. Failure to so notify shall be considered a violation of this Part 2.
[Amended 3-8-1988 by Ord. No. 88-1]
[4] 
If a property owner fails to produce documentation of nonusage as aforesaid, the subject property shall be taken off of the abatement list and be relisted as a billable sewer account. Once a property has been so relisted, the owner must initiate the entire abatement process again in order to have the property abated.
[5] 
Any intentional misrepresentation by the property owner to the Borough regarding nonusage shall be considered a violation of this Part 2 and the property owner shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in Subsection A of this section, and the appropriate amount computed in accordance with this Part 2 shall constitute the net bill. If sewer rentals or charges are not paid within 35 calendar days after each billing date, an additional sum of 15% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-five-calendar-day period shall constitute payment within such period. If the end of such thirty-five-calendar-day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period. Any bill not paid within said thirty-five-calendar-day period shall be deemed delinquent.
[Amended 11-9-1982 by Ord. No. 82-6; 1-10-1984 by Ord. No. 84-1]
C. 
Every owner of improved property which is connected to the sewage collection system initially shall provide this Borough with and thereafter shall keep this Borough advised of his correct address. Failure of any person to receive bills for sewer rentals or charges shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
Sewer rentals or charges imposed by this Part 2 shall be a lien on the improved property connected to and served by the sewage collection system; and any such sewer rentals or charges which are delinquent shall be filed as a lien against the improved property so connected to and served by the sewage collection system, which lien shall be filed in the office of the Prothonotary of Lancaster County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.