Borough of Old Forge, PA Article VIII Charges Imposed; Amount; Collection

§ 269-32 Charges imposed.

Sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property which shall be connected with the sewage collection system for use of the sewage collection system, whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective as of July 1, 1986, or the date of connection of each such improved property to the sewage collection system, whichever shall last occur, and shall be payable as provided herein.

§ 269-33 Amounts of charges.

[Amended 12-15-2006 by Ord. No. 2006-17; 12-21-2010 by Ord. No. 2010-7; 6-19-2012 by Ord. No. 1-2012; 12-21-2021 by Ord. No. 5-2021]

A. Except as otherwise provided in this Part 3 sewer rentals or charges for the sanitary sewage and/or industrial wastes discharged into the sewage collection system from any improved property shall be based upon the following schedule of rates and classifications:

(1) Residential. Each dwelling unit: $40 per annum, payable by March 31, of each year.

(2) Commercial establishments. Each commercial establishment: $40 per annum, payable by March 31, of each year.

(3) Industrial establishments. Each industrial establishment: $40 per annum, payable by March 31, of each year.

(4) An owner of an improved property, whether residential, commercial establishment or industrial establishment which has more than one building sewer connected to the sewage collection system for use of the sewage collection system shall be subject to an additional sewer rental or charge for each building sewer connection, whether such use shall be direct or indirect.

B. 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.

C. Nothing herein contained shall be deemed to prohibit this Borough from entering into separate agreements with owners with respect to sewer rentals or charges to be imposed in those cases where, due to seasonal fluctuations, contributions toward construction by owners or other unusual circumstances, the sewer rentals or charges set forth herein shall be deemed by this Borough to be unfair or inequitable.

D. Credit for vacancy and non-use of municipal sewage system. A residential dwelling unit, commercial establishment or industrial establishment may request a credit for sewer rental or service charge for sanitary sewage and/or industrial waste discharge into the sewage collection system each year for non-use of the Old Forge Borough's municipal sewerage system by providing the Borough with proof of non-consumption of water by supplying the Borough with a water bill for its residential dwelling unit, commercial establishment or industrial establishment evidencing no charge for water usage at its dwelling or establishment for the entire year or evidence acceptable to the Borough that no water service exists at the residential dwelling unit, commercial establishment or industrial establishment for the entire year.

§ 269-34 Billing; payments.

[Amended 12-21-2021 by Ord. No. 5-2021]

A. All bills for sewer rentals or charges shall be rendered in calendar year, on the first days of February in each year, or on such other dates as this Borough, by resolution or ordinance, shall specify, and shall cover a annual billing period consisting of the complete calendar year. Owners of improved properties connected to the sewage collection system during any calendar year shall pay a pro rata sewer rental or charge for service for the balance of the calendar year.

B. Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for under provisions of this Part 3, including §§ 269-33, 269-34, and 269-35, the net bill and the appropriate amount computed for such additional in accordance with § 269-34F and G, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of calendar year shall constitute payment within such period. If the end of such calendar year 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.

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.

D. Charges for delinquent sewage accounts. Council for the Borough of Old Forge may from time to time, establish and impose, by resolution, a schedule of fees and charges to be assessed against delinquent sewage accounts for the unpaid sewer bills of the residents and owners of real property of the Borough under.

E. Collection of delinquent sewage accounts. Council for the Borough of Old Forge may, from time to time, appoint a collector of delinquent sewage accounts for the Borough, by resolution. The Sewer Collection Hearing Board or the designated agent thereof is hereby authorized to accept time payments on delinquent accounts pursuant to its, his or her discretion.

F. Delinquent accounts; penalty. In the event the charge for said sanitary sewer system service remains unpaid for a period of 90 days from the date of said statement, such charges are hereby declared to be delinquent and a penalty of 10% shall be added.

G. Service charge. For each delinquent sewage account remaining unpaid after 90 days after the date of said statement, a service charge of 10% of the gross delinquent charge shall be added. For each succeeding 90 days or part thereof that the account remains delinquent, an additional service charge of 10% shall be assessed, based upon the gross delinquent charge, or outstanding portion thereof.

H. Sewer rentals or charges hereby imposed shall be a lien on the improved property connected to and served by the sewage collection system from the date such sewer rental or charge becomes due and payable under provisions of this Part 3 including §§ 269-33, 269-34, and 269-35. All sewer rentals or charges hereby imposed which are delinquent and remain unpaid after at the end of each calendar year, as provided in § 269-34 of this Part 3, at the discretion of the Borough, shall be filed as a lien against the improved property connected to and served by the sewage collection system, which lien shall be filed in the office of the Prothonotary of Lackawanna County, Pennsylvania, in the manner provided by law for the filing of municipal claims.

I. Enforcement. Old Forge Borough shall pursue the collection of delinquent sanitary sewer accounts by all means available pursuant to applicable law including the right to lien an owner's property for non-payment pursuant to the authority granted to Boroughs by the Commonwealth of Pennsylvania for the collection of Municipal Claims and Taxes and/or pursuant to the provisions of the Act of April 14,2006, P.L. 85, 53 P.S. § 3102.501 et. seq., to authorize the water company to shut off the supply of water from its system to any premises in which the rentals, rates and charges for sewer, sewage or sewage treatment service supplied by the Borough of Old Forge are unpaid and/or delinquent at the end of each calender year or such other time as Council for the Borough of Old Forge deems necessary in accordance with § 269-35.

§ 269-35 Water shutoff for nonpayment.

[Amended 12-21-2021 by Ord. No. 5-2021]

A. Water Shutoff for nonpayment. The Mayor, President of Council and Borough Secretary are hereby authorized and directed to execute and deliver the following agreement with the Pennsylvania Water Company:

B. Costs incurred by the Borough. The costs incurred by the Borough of Old Forge and paid to the Water Company under the foregoing agreement, in addition to a $15 posting charge for the constable, are hereby made a charge against the person or persons responsible for the sewage charge and shall be paid to the Borough before any water service shall be ordered or restored together with the amount of all delinquent bills with a penalty of $5 plus 25% of the delinquent amount for each delinquent bill.

C. Assessment against owners of premises. Should any person, who shall be first responsible for the payment of sewage bills, fail to make payments as required by law and this Part, the delinquent sewage bills, and all charges as set forth in this Part are hereby levied and assessed against the owners of said premises as is now provided by law.

D. Notices.

(1) All notices shall be on such forms as are provided by law and approved by the Borough Solicitor.

(2) The Borough shall request implementation of water shutoff in the event of delinquency in the payment of sewer charges imposed by the Borough subject to a water shutoff policy and pursuant to the terms set forth in § 269-35A hereof, of which the following is a statement:

(a) The first notice of shut-off shall be mailed after any sewage account is delinquent for six months.

(b) If payment of the delinquency is not received within 15 days, a certified letter notice shall be mailed informing the delinquent account that the water shutoff letter will be issued in 10 days.

(c) If the delinquent account is not paid within that 10 days, a water shutoff letter shall be issued after which the water company shall shut off the water supply from its system to the delinquent premises until it is advised, in writing, by the Borough that all delinquent accounts, including service charges, penalty and interest, have been paid or until the Borough directs otherwise.

(d) Exercise of the right to lien on delinquent charges shall be unaffected by the use of the water shutoff policy provided in this section.