As used in this article, the following terms shall have the
meanings indicated:
AUTHORITY
Jacobus Borough Sewer Authority, as presently or hereafter
constituted, which has been created by the Borough Council of Jacobus
Borough.
BOROUGH
The Borough of Jacobus, York County, Pennsylvania, a municipality
existing under the laws of the Commonwealth of Pennsylvania, acting
by and through its Council or its authorized representatives.
HOUSE DRAIN
That part of the main horizontal drain and its branches inside
the walls of the building, vault or area, extending to and connecting
with the house sewer.
HOUSE SEWER
That part of a sewer line extending from a point five feet
outside of the inner face of the outer walls of a building, vault
or area to its connection with the lateral.
INDUSTRIAL WASTE
Any solid, liquid, gaseous or waterborne substance or form
of energy rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovering
or processing of natural resources, as distinct from sewage.
LATERAL
That part of the sewer system extending from a public or
private main sewer to the curbline or property line.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals, and from
which structure sewage and industrial waste, or either thereof, is
or may be discharged.
PERSON
Individuals or natural persons, or artificial persons existing
only in contemplation of law, and shall be construed to include associations,
partnerships, limited partnerships, joint-stock companies and corporations.
PREMISES ACCESSIBLE TO THE SEWER SYSTEM
Real estate which adjoins, abuts or is adjacent to the sewer
system having an occupied building no more than 250 feet distant,
measured on a horizontal plane, between the nearest point of the occupied
building, including unenclosed covered portions thereof, and any part
of the sewer system, regardless of the length of the house sewer.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from
any improved property.
SEWAGE
Both sanitary sewage and industrial waste.
SEWER SYSTEM
All facilities, as of any particular time, for collecting,
transporting, pumping, treating and disposing of sewage, owned by
the Authority, leased to the Borough, or contracted for by the Authority
or the Borough.
TREATING MUNICIPALITY
The municipality in which the wastewater treatment facility
treating the sewage in question is located.
There is hereby designated and created a sewer district in Jacobus
Borough, to be known as the "Jacobus Borough Sewer District," consisting
of the entire Borough of Jacobus.
[Amended 7-2-1997 by Ord. No. 97-132]
A. All persons owning any occupied building not erected upon premises
accessible to the sewer system shall, at their own expense, connect
such building with the sewer system within 90 days after notice to
such person from the Borough to make such connection.
B. All persons owning any premises accessible to the sewer system upon
which a building is hereafter erected shall, at the time of the erection
of such building, and at their own expense, connect the same with
the sewer system.
C. All persons owning any occupied building upon premises which hereafter
become accessible to the sewer system shall, at their own expense,
connect such building with the sewer system within the time frame
established by the Jacobus Borough Council after notice to such person
from the Borough to make such connection.
D. All persons shall indemnify and save harmless this Borough, the Authority,
and the treating municipality from all loss or damage that may be
occasioned, directly or indirectly, as a result of construction of
a lateral, house sewer or connection of a house sewer to the sewer
system.
E. Authority for Borough to make connection and collect costs and expenses. If the owner of any premises accessible to the sewer system, given 90 days' notice from this Borough, in accordance with Subsection
A, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal lien, an action in assumpsit or such other legal proceeding as to be permitted by law.
No connection shall be made to the sewer system except in compliance
with the ordinances, resolutions, rules and regulations of the Borough
Council, the Authority, or as may be otherwise required by law.
The contracts between this Borough, the Authority and various
municipalities prior hereto are hereby confirmed and ratified.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any owner of real property who does not comply with the provisions
of this article shall be subject to a summary criminal proceeding
before the Magisterial District Justice as provided by the Pennsylvania
Rules of Criminal Procedure, as may be amended from time to time.
Upon a finding of a violation, a fine of not less than $450 nor more
than $1,000, plus costs of prosecution, including court costs and
reasonable attorney fees incurred by the Borough to prosecute the
violation, shall be imposed, and such person may be subject to imprisonment
of up to 15 days in the event such fines and costs are unpaid. In
the event the property on which the violation occurs is owned by a
partnership or limited liability company, then the partners or members
thereof, or if owned by a corporation or association, then the officers
thereof, in default of payment of such fines and costs imposed hereunder,
may be imprisoned for such time periods as provided herein. Each day
that such violation(s) continues shall be a separate violation of
this article.