[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-21-1977 (Ch. 1040 of the 1979 Codified Ordinances)]
Notwithstanding anything to the contrary presently contained in the ordinances, rules and regulations of the Borough for the establishment of fees, charges, rentals, rates and other costs for the provision of utility services for water, sewer and refuse to the various customers of the Borough, the following procedure shall be followed by the proper officers charged with the collection of moneys for the Borough for the provision of such services prior to the discontinuance of service by the Borough for nonpayment of rates, rentals, charges, fees or other costs by the various water, sewer and refuse customers of the Borough.
Prior to the discontinuance of service, the Borough Secretary shall cause to be served upon the customer whose service is to be discontinued, by certified mail or by personal service by a police officer of the Borough, a notice of discontinuance of service, which service is to be discontinued by a police officer of the Borough, and which notice shall be served not less than 10 days prior to the date upon which service is to be discontinued.
Such notice shall contain a statement to the effect that the person liable for payment of the rentals, rates, charges or other costs may, if he has a just or valid defense to the claim or any part thereof, file within the aforesaid ten-day period a written statement under oath or affirmation stating that he has such a just defense and that such statement is not made or executed for the purpose of delay, which statement shall also be under oath or affirmation.
Such notice shall be served upon the Secretary of the Council within such ten-day period, and the utility service for which such notice is filed shall not be terminated until such time as a hearing upon the statement filed by the person responsible for such charges is heard and determined by Council. Any person aggravated by such decision of Council shall have the right, within 30 days, to appeal such decision as appeals are presently taken under the Local Agency Law of December 2, 1968, P.L. 1153.
Editor's Note: See now 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.