[HISTORY: Adopted by the Borough Council of the Borough of Coopersburg 9-25-1990
by Ord. No. 452 (Ch. 1, Part 2 of the 1996 Code); amended
in its entirety 10-23-2007 by Ord. No. 599.
Subsequent amendments noted where applicable.]
Payment of all invoices rendered by the Borough of Coopersburg are due
and payable in the amount set forth within 30 days from the date of the invoice.
Invoices not paid in full after 30 days from the date of invoice will
be subject to a penalty equal to 5% of the amount of the invoice.
Invoices not paid in full after 60 days from the date of invoice will
be subject to an additional penalty of 1 1/2% of the amount per month
beginning 60 days after the date of the invoice.
Payment by check is accepted contingent upon collection of funds due
the Borough from the bank. If payment of check is denied by the bank for any
reason, the Borough will assess an additional charge which shall be established
by resolution of the Borough Council.
In the event that an invoice remains unpaid 30 days from the date of
the invoice, the Borough shall have the option to discontinue municipal services
to the property, provided that:
A.
The property owner, landlord and/or tenant of the property
is afforded 15 days' written notice of the termination with the notice
served by certified and first-class mail, in person or by posting the notice
conspicuously on the property;
B.
The property owner may contest the termination of municipal
services at the next regularly scheduled Council meeting or, if a Council
meeting is not scheduled before the termination, by providing a written and/or
oral statement to the Borough Manager for submission to the Council for consideration;
C.
The property owner is to pay all costs as may be established
by resolution of the Borough Council incidental to notice and posting and
collection of invoices for municipal services;
D.
Services will not be terminated on a Friday, Saturday,
holiday or the day before a holiday;
E.
Three days before the termination, the Borough will attempt
contact with the property owner, landlord and/or tenant about the proposed
termination;
F.
At the time of termination, the Borough shall contact
an adult on the property. If no adult is present, the termination will be
delayed 48 hours;
G.
When the property owner is a landlord, the Borough proceeds
in conformance with the Utility Service Tenants Rights Act of November 26,
1978, P.L. 1255, No. 299, 68 P.S. § 399.1 et seq., or any similar
legislation hereafter enacted by the Pennsylvania General Assembly;
H.
Subject to provisions for termination for nonpayment,
the Borough also reserves the right to terminate municipal services for the
following reasons:
(1)
Misrepresentation in the application as to the property
or fixtures to be supplied or the use to be made of the water supply.
(2)
Use of the water for illegal, improper purposes or for
reasons other than described in the application.
(3)
Waste of water through improper or imperfect pipes, fixtures
or otherwise.
(4)
Failure to maintain in good order connections, service
lines or fixtures beyond the curb and owned by the property owner.
(5)
Tampering with any service, pipe, meter, curb stop or
seal or any appurtenance of the water system of the Borough.
(6)
Vacancy of premises.
(7)
Repeated violations of this chapter or the rules and
regulations of the Municipal Authority of Coopersburg.
(8)
Failure to make payments of any charges against the property.
(9)
Unreasonable refusal of access to the property for the
purpose of inspecting, reading, maintaining or removing meters.
I.
The Borough Council or its duly authorized representatives
shall have the right to turn off the water without notice in case of emergencies,
breakdowns or for other causes, including necessary repairs, connections,
etc. Reasonable notice will be given when practicable. In no case shall the
Borough be liable for any damage or inconvenience suffered therefrom.
In the event that the Borough elects to terminate the rendering of municipal
services due to nonpayment of invoices, a charge which shall be established
by resolution of the Borough Council will be imposed for such termination.
Following payment in full of all past due amounts owed by the Borough, a charge
which shall be established by resolution of the Borough Council will be made
for the restoration of service.
If payment of an invoice is forthcoming only at such time as an agent
of the Borough visits the property with the intent of terminating the service
due to nonpayment, the Borough will assess the same charge as if the service
were terminated, but it will not assess a restoration charge.
A.
Sewer rentals or charges imposed by this chapter shall
be payable quarterly or, in the case of large users, monthly, at the discretion
of the Borough.
B.
All bills shall be rendered each calendar quarter or
each year for service during the preceding quarter annum or, at the discretion
of the Borough, the same may be rendered each month for service during the
preceding month.
C.
Whenever service to any improved property shall begin
after the first day or shall terminate before the last day of any billing
period, sewer rentals or charges for such period shall be prorated equitably,
if appropriate, for that period of the billing period during which such improved
property was serviced by the sewerage system.
D.
Every owner of an improved property which is connected
to the sewer 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.
E.
Fees for sewer charges shall be set from time to time
by resolution of Borough Council.
A.
Trash charges imposed by this chapter shall be payable
quarterly.
B.
All bills shall be rendered each calendar quarter or
each year for service during the preceding quarter annum.
C.
Whenever service to any improved property shall begin
after the first day or shall terminate before the last day of any billing
period, trash charges for such period shall be prorated equitably, if appropriate,
for that period of the billing period during which such improved property
was serviced by the Borough trash contractor.
D.
Every owner of an improved property which is utilizing
the Borough trash contractor shall provide this Borough with and thereafter
shall keep this Borough advised of his correct address. Failure of any person
to receive bills for trash 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.
E.
Fees for trash charges shall be set from time to time
by resolution of the Borough Council.
After the termination of services as outlined above, if invoices are
still not paid, procedures for filing a municipal lien against the property
will begin. Rentals or charges imposed by this chapter shall be a claim on
the improved property, and any such charges which are not paid within 15 days
after each billing date applicable to the particular improved property, at
the discretion of the Borough, shall be filed as a lien against the improved
property so connected to and served by the Borough services or invoiced for
work done, which lien shall be filed in the office of the Prothonotary of
Lehigh County, Pennsylvania, and shall be collected in the manner provided
by law for the filing and collecting of municipal claims.
The effective date of this chapter is January 1, 2008.
