Beginning on the first day of January 1962, there is hereby imposed an annual sewer rental or charge for the use of Westmont Borough sanitary sewers and sanitary sewer system to be paid by the owners and/or users of all properties served by any of said sewers.
[Adopted 2-12-1962 by Ord. No. 378]
[Amended 9-10-1962 by Ord. No. 386; 12-10-1962 by Ord. No. 390; 5-13-1963 by Ord. No. 394; 9-14-1969 by Ord. No. 406; 12-19-1977 by Ord. No. 545; 12-10-1979 by Ord. No. 572; 12-21-1981 by Ord. No. 596; 12-14-1988 by Ord. No. 658]
Said annual rental or charge shall be apportioned equitably among the properties served by said sanitary sewers and sanitary sewer system in accordance with the following schedule:
A.
The rental or charge for such services for every property shall be based upon the water consumed by owners and/or users on such properties (with exceptions herein noted) during the period previous to that for which said sewer rental or charge is being billed. For owners and/or users supplied with water by a water company, the sewer rental or charge shall be computed according to the water meter readings of said water company for water furnished to said properties. All sewer rentals or charges shall be computed in accordance with the schedule as set forth from time to time by resolution of the Borough Council.[1] The sewer service charges shall be based on water meter readings. Meters shall be read quarterly, and the aforesaid rates shall be effective beginning with the first billing in January 1989.
[Amended 10-13-1992 by Ord. No. 698]
[1]
Editor's Note: Ordinance No. 810, adopted 12-14-2010, amended sewer charges, with rates to become effective beginning with the first billing in January 2011. Any further amendments shall be available in the Borough offices.
B.
Water meters.
(1)
In the event that any person, firm or corporation discharging sanitary sewage, industrial waste, water or other liquids into the Borough's public sanitary sewage system, either directly or indirectly, obtains part or all of the water used by him or it from other sources than a water company, such user of other water shall, at no expense to the Borough, install and maintain water meters satisfactory to the Borough Council for measuring all water usage other than that obtained from a water company, and the quantity of water used to determine the sewage service charges as above set forth shall be the sum of the quantity measured by all such meters plus the quantity of water obtained from said water company.
(2)
In the event that it is established to the satisfaction of the Borough Council that a portion of the water measured by the above-named water meter or meters does not and cannot enter the public sanitary sewage system, then the Borough Council may determine, in such manner and by such method as it may deem practical, the percentage of the metered water entering the sewer system, or the Borough Council may require or permit installation of additional meters in such a manner as to determine either the quantity of water excluded from the sewer system or the quantity of water, sewage or industrial waste actually entering the sewer system. The sewage service charge shall be based upon the quantity of water estimated, measured or computed by the Borough Council to be actually entering the sewer system, subject to the charge provisions set forth in Subsection A.
(3)
Persons, firms or corporations requesting consideration for a reduction in the sewage service charge because of water not entering the public sanitary sewage system shall make written application to the Borough Council for such consideration, giving the name of the person, firm or corporation, address, water company account number and supporting data fully describing other sources of water, if any, as well as the disposition of water alleged not to be entering the sewer system. The application shall be accompanied by a sketch to approximate scale showing the plan of the property, water distribution system, sewer layout, existing meters and proposed meters in the scheme to determine the quantity of flow entering, or not entering, the sewer system. The cost of furnishing, installing and maintaining any desired additional meters purchased from any water company shall be borne by the applicant. The type, size, location, arrangement and maintenance of such meters shall be subject to the approval of the Borough Council.
(4)
Nothing in the foregoing subsections shall preclude the right of the Borough Council from entering into contracts with neighboring municipalities for the collection and transportation of sewage under a schedule of charges different from those set forth above.
Bills for said sewer rental or charge shall be rendered in the manner and in the form to be prescribed by the Borough Council. All bills for sewer rental or charge shall be rendered to the owner and/or user of or on the premises to which the sewer service is furnished, and such owner and/or user shall in all cases be liable for payment of said bills.
Westmont Borough Council shall have ultimate responsibility for management of the sewer system, and it shall issue such rules and regulations governing the use, operation and maintenance of said sewer system as from time to time shall be deemed necessary.[1]
[1]
Editor's Note: Original Section 5, concerning designation of a collector of sewer rentals, which immediately followed this section, was deleted 10-13-1992 by Ord. No. 698.
[Amended 6-11-1962 by Ord. No. 382]
The sewer charges imposed under this article shall be due and payable immediately upon receipt by the owner and/or user and shall be paid no later than the 30th day following the date of billing. The penalty for late payment of said bills shall be 5% up to 30 days' delinquency, plus 1% per month thereafter.
[Amended 6-11-1962 by Ord. No. 382]
Any sewer rental or charge not paid on or before 30 days following the date of billing shall be a lien upon the property served. Such sewer rental or charge, if not paid after 30 days' notice, may be collected as provided by law in an action of assumpsit or by distress of personal property on the premises, or by a lien filed in the nature of a municipal lien.
[Amended 10-13-1992 by Ord. No. 698]
Any person violating any of the provisions of this article shall, for each and every violation and for each and every day that such violation continues, upon conviction thereof before the Mayor or before any Justice of the Peace of the Borough, pay a fine of not more than $600 with costs of prosecution for each separate offense and, upon default of the payment of the fine and costs, shall be committed to the Cambria County Jail for a period not exceeding 30 days.