[Adopted in 1967 by Ord.
No. 450 (Ch. 18, Part 5, of the 1988 Code of Ordinances)]
There is hereby imposed upon the owners of properties in the
Borough of Clifton Heights, Delaware County, Pennsylvania, hereinafter
called the "Borough," which use and are served by the sewers and sewer
systems of the Borough and by certain sewage treatment works which
are maintained partially at the public expense of the Borough, hereinafter
collectively called "the sewer system," an annual rental, rate or
charge for residential or other buildings or structures discharging
sanitary, commercial or industrial waste into such sewer system.
For the purposes of this article, the terms "sanitary sewage
or waste" and "industrial or commercial sewage or waste" are defined
as follows:
Liquid waste and/or wastes entering the sanitary sewage system
by means of liquid, resulting from any commercial manufacturing or
industrial operations or processes.
Waste from water closets, urinals, lavatories, sinks, bathtubs,
shower baths, household laundries, cellar floor drains, private garage
floor drains, bars, soda and refreshment counters, cuspidors, refrigerator
drips, drinking fountains and stable floor drains.
The Borough Council of the Borough finds as a fact that the
great majority of the public, business, commercial or industrial buildings
or structures in the Borough obtain water from the Philadelphia Suburban
Water Company, hereinafter called "water company," and that the water
company has water meters installed in the said properties.
Where the sole source of the water supply to a property is through
the facilities of the water company, the annual rental, after the
basic minimum charge has been reached, shall be computed by the Sewer
Committee of the Borough of Clifton Heights upon the annual bill of
said company for water supplied to said property in accord with the
rates hereinafter established.
A.
Where the source of the water supply to a property is not the water
company, the annual rental shall be established by estimating the
amount of water not supplied by the water company, and adding thereto
the amount supplied by the water company, establishing what the water
rental would be if the water company were the sole source of supply
and then fixing the sewer rental in accord with the rates hereinafter
established.
B.
The duty of estimating the amount of water supplied by sources other
than the water company is hereby placed upon the Sewer Committee of
the Borough Council, which, to that end, may require such properties
to be equipped with water meters or other measuring devices and to
require the owners or occupants of said properties to disclose all
sources of water supply.
C.
The owner of the property upon which any such measuring devices are
installed shall be responsible for their maintenance and safekeeping,
and all repairs thereto shall be made at the cost of the owner of
the property.
[Last amended 12-17-2019 by Ord. No. 874]
The annual sewer rental hereby levied and charged against all
properties in the Borough of Clifton Heights now or hereafter served
by the sanitary sewer system and/or sewage disposal facilities of
the Borough and the owners of said properties is based upon the following
rates, to be effective January 1, 2020:
A.
Single-family dwelling unit: $314 per unit.
B.
Apartment unit: $314 per unit.
C.
Apartment house, for each apartment unit: $314 per unit.
E.
Where a business or commercial property includes an apartment unit
or units and receives water for both the business use and the apartment
use under one meter, the basis for the annual rental, rate or charge
on the property for business or commercial use shall be reduced by
50,000 gallons for each apartment unit.
The Sewer Committee of the Borough of Clifton Heights, namely,
Borough Council, comprising three members of Council, appointed by
the President of Council, each for a term of two years, shall have
the following duties and powers in addition to those otherwise provided
for herein:
A.
To formulate rules and regulations in furtherance of its duties and
powers.
B.
To hear and decide complaints where it is averred that inequities
exist in sewer rentals and to adjust sewer rentals, if unreasonable
inequities are found to exist in particular cases, to the end that
said sewer rentals shall be apportioned as equitable as may be among
the several properties served by said sewers and/or sewage system.
All appeals or complaints shall be filed with Borough Council within
30 days following the issuance of a sewer tax bill.
C.
To issue such special directives in specific cases as may be necessary
to provide for an even flow into the sanitary sewer system and to
require pretreatment of industrial wastes otherwise injurious to the
functions of the sanitary sewer system and/or the sewage disposal
facilities or system.
D.
To enter upon, in person or by duly authorized representatives, any
property served by the sanitary sewer system and to inquire into,
investigate and decide all matters in reference to the collection
and disposal of sanitary sewage and industrial wastes.
E.
To prohibit the discharge of industrial wastes into the sanitary
sewer system in specific cases where it appears that the same are
or would be injurious to the functions of the sanitary sewer disposal
facilities of the Borough or have a deleterious effect upon the sewage
treatment processes.
A.
The annual sewer rental rate or charge shall be due and payable on
the first day of September A.D. 1968, and on each succeeding first
day of September of each year following in advance, and shall be paid
to the Tax Collector of the Borough.
B.
Whenever sewer service to any property begins after the first day
of September in any year and terminates before the following August
31 in the same year, the sewer rental rate or charge for such property
for such year shall be that portion of the year during which the said
property is served; provided, however, that in making such apportionment,
a fraction of the month amounting to 1/2 or more of a month shall
be counted a full month, and a fraction of a month amounting to less
than 1/2 of a month shall be disregarded.
A.
The Secretary of the Borough shall administer this article subject
to the direction of the Sewer Committee. The Secretary shall secure
from the water company the number of gallons of water consumed by
public, business, commercial and industrial users and determine as
herein provided, by such means as necessary to secure the gallonage
utilized by nonusers of the water company's water, shall compute
the sewer rental, rate or charge and furnish to the Tax Collector
of the Borough of Clifton Heights, by July 1, 1968, and the first
day of July of each succeeding year thereafter, a list of all properties
served by the sewer system or disposal facilities, together with the
names and addresses of the owners of said properties and a statement
of the amount of sewer rental to be collected for the ensuing year.
For this service, the Borough Secretary shall receive a salary of
$75 per year.
B.
The Sewer Committee, for the purpose of enforcement of this article,
may employ such investigators, checkers or other personnel necessary
to enforce the provisions of this article. All salaries for such employees
shall be determined by Borough Council.
A.
A penalty of 5% shall be added to each bill if the same is not paid
by the 31st day of October of 1968 and the 31st day of October of
each succeeding year thereafter and an additional penalty of 1/2%
for each additional month after the 30th day of November A.D. 1968
and each succeeding year for each and every month the bill remains
unpaid following the 30th day of November 1968 and the 30th day of
November of each and every succeeding year.
B.
A discount of 2% shall be allowed on all bills paid on or before
September 1, 1968, and the first day of September of each and every
succeeding year.
A.
The Tax Collector of the Borough shall cause annual bills, on forms
prepared by the Borough for sewer rentals, rates, or charges, to be
mailed to all owners of properties using the sewer system and/or disposal
facilities as aforesaid on or about the first day of August, commencing
August 1, 1968, and on the first day of August in each succeeding
year. Sewer rents, rates or charges shall be due from such owners,
whether or not bills actually have been received.
B.
The Tax Collector shall receive as compensation 2% of all amounts
collected. It shall be the duty of Tax Collector to keep full, accurate
and complete records of all sewer rentals or charges, bills, receipts,
payments and submittals of money to the Borough.
C.
It shall be the duty of the Tax Collector, on or after March 1, 1968,
and the first day of March of each succeeding year, or at such other
time as directed by the Borough Council, to certify all unpaid bills
for sewer rentals, rates or charges to the Borough Solicitor.
Such bills, together with penalties, shall be a lien on the
property served and shall be entered as a lien against such property
in the office of the Prothonotary of the County of Delaware and collected
in the manner provided by law for the entry, collection and the filing
of municipal liens or may be collected by an action of assumpsit in
the name of the Borough against the property owner charged or by distress
of personal property of the premises.
A.
Such annual sewer rental shall not exceed the amount expended annually
by the Borough in the maintenance, repair, alteration, inspection,
depreciation, or other expense in relation to the sanitary sewer system
and disposal facilities of the Borough and any interest on money expended
by the Borough in the construction of or contribution to or assessment
levied in the construction of the sewer system and/or disposal facilities.
B.
It shall be a further duty of the Sewer Committee to meet annually,
prior to the first day of January of each year, and to estimate, subject
to approval of Borough Council, the amount of sewer rental necessary
to be collected for these purposes during the ensuing year and to
adjust the schedule of sewer rentals to conform therewith.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Every day that a violation of this article continues shall constitute
a separate offense.
