[Amended in its entirety by Ord. No. 931, 4/17/2017]
Commencing on the date of February 2016 and each month thereafter
through December 31, 2016, and for each calendar year thereafter,
there is hereby imposed and established for the use and service of
the various sanitary sewer systems and sewage treatment plants in
the service area of the Township of Elizabeth (hereinafter referred
to as Township), a usage fee, charges and assessments to all property
serviced by a sewer system and/or sewage treatment plant or is required
to be serviced by said sewer system and/or treatment plant as hereinafter
set forth. The imposed fee and charges for the use of the sewer system
and sewage treatment plants shall be upon the owners, tenants, or
occupants of the realty served by the sanitary sewer system.
The rates, charges and fees for the use of the sanitary sewer
lines and appurtenances, and/or for the use of the sewage treatment
plants to all serviced, or required to be serviced, premises within
the service area of the Township's service area shall be measured
by the quantity of water flowing into or consumed by each separate
dwelling, apartment, business, commercial or industrial site, and
shall be based on water usage tapes provided by Pennsylvania American
Water Company, or its successor or assigns. Where water is furnished
to any user as herein provided, whether by any municipality, utility
company or municipal authority, or spring, the flow of water measured
by meter of said municipality, utility company or authority, or any
other method authorized by the Township to measure said quantities
of water shall be considered and deemed to be the basis for measuring
the units of use as hereinafter set forth.
The rates for said sewage use and/or sewage treatment plan use
to premises serviced within the service area of the Township shall
be as follows:
1. Water Meter Users. The following schedule of rates shall be applicable
to users of metered water, and the charges shall be based on the annual
quantity of water delivered to each water user as measured by the
most recent available water meter reading.
2. Rates.
A. Minimum Monthly Charge: $42 per month for usage up to 2,000 gallons,
and for each additional usage in excess of 2,000 gallons, and additional
$0.0075 per gallon. Any fraction of 100 gallons shall be calculated
as 100 gallons.
B. Each user shall be required to pay for each monthly billing cycle
the minimum residential user's fee of $42, and the computed user's
fee for the amount of water usage in excess of the 2,000 monthly gallons.
3. Other Water Users. The quantity of water used by water users other
than those referred above shall be estimated by the Township, and
each such water user's sewage charge shall be calculated by applying
the schedule of rates set forth above to the estimated quantity, unless
proof is established that the customer's usage is less.
4. Homeowners' Swimming Pools. Private homeowners who install new
swimming pools who receive an adjustment for the water used to fill
the pool upon providing to the Township a copy of the deduct meter
read. Additionally, the amount of gallons required to fill a pool
will be determined by the volume of the pool. The mathematical formula
for volume is length times width times height. For pool owners who
request an adjustment for the pool, the account holder must submit
to the designated collector the request together with the deduct meter
read and the pool dimensions.
5. Nonresidential/Commercial Connections. Service accounts other than
single-family and/or multiple dwelling units accounts, the following
minimum charges shall be applied: For equivalent dwelling unit (EDU)
for nonresidential/commercial buildings, EDU shall be determined according
to standards set forth in PA Code Title 25, Chapter 73, Section 7317,
Sewage Flows, or any amendments thereto. For basis of calculation,
EDU shall be calculated as 260 gallons per day per equivalent dwelling
unit.
1. The EDU bases may be reevaluated biannually or any time thereafter.
Each reevaluation shall be at the discretion of the Township or upon
request of the customer.
2. In its sole discretion, the Township may reevaluate the EDU calculation.
3. The EDU number may be increased on an as-needed basis.
4. In the case of existing facilities, the average of 12 consecutive
months of metered water service may be used for calculation, if requested
by the customer or Township.
5. There shall never be a reduction below one EDU.
Sewage bills which are not paid promptly shall be subject to
the following:
1. Bills of Water Users. All sewage charges billed to water users other
than the municipality shall be payable on or before the due date shown
on the sewage bill. After such due date, a penalty of 10% shall be
payable, plus interest on any overdue bills, computed on both the
amount of the bill added to the amount of the penalty, at the rate
of 10% per annum. That all use fees, charges and/or assessments shall
be a lien upon the realty charged with payment thereof, from the first
day due until paid together with any interest, penalty and cost/fee
due. Interest shall be computed on the first day that the bill is
delinquent for the entire billing monthly cycle, and payment of the
bill and interest and penalty, if any, will not be prorated if paid
during the monthly billing cycle. Interest shall begin on the day
after the due date. Computation of the sewage charges shall be computed
monthly for the entire month; provided, if the due date falls on a
non-business day or a holiday recognized by the Township, then the
due date shall be the next business day.
2. In addition to the rate fees, interest and penalty set forth above,
the Township shall from time to time establish additional cost for
collection of delinquent sewage user accounts which shall include
but not be limited to reasonable attorneys' fees, water service
termination and reconnection fees, posting of termination of service
fees, return checks or drafts fee, accounting fees for delinquent
accounts, cost of litigation, and any other fees or cost incurred
in the collection of delinquent accounts.
3. The Township is hereby empowered to lien the realty for any delinquent
amount, and additionally, to enforce said lien pursuant to the authority
vested in the Township by the Municipal Claims and Tax Liens Act,
53 P.S. § 7101, et seq. In addition to the power to lien
the realty and proceed to Sheriff's sale on said realty to satisfy
any delinquent amount due the Township under this part, the Township
is also permitted to proceed in assumpsit, in accordance with Pennsylvania
statutory authority, to collect any and all monies due the Township
hereunder, including the collection of the penalty and interest, as
set forth above, together with any costs/fees as permitted by law.
1. The sewage bill will be sent to and shall be payable by the party
to whom water bills are addressed, and in the case of all water users
to whom no water bills are addressed, the sewage bill will be sent
to and shall be payable by the occupants of the premises. However,
regardless to whom the water bill is addressed or if there is an absence
of an address, the sewage rental charge is owned, jointly and severally,
by the occupants of the premises and by the recorded owners of the
realty. Therefore, it is the duty of the recorded owners of the realty
to make provisions that any occupant of the realty pays the sewage
fee, charges, or assessments when due. All unpaid sewage fees charges,
or assessments, together with penalty and interest, shall become a
lien on the realty.
2. In the event the party under Subsection
1 of this section is not the owner of the property, the parties to whom the bill is sent may supply the Township with the name of the owner and the sewage bill will be sent to such owner.
3. The quantity of water which does not reach a metered water user's
sewer may be separately metered with an additional separate Pennsylvania
American Water Company meter, which must have written approval by
the Township prior to installation.
4. As a condition precedent for the Township to offer the sanitary collection
system to any realty not occupied by the owner of said realty or whose
realty is receiving utility service in any other name other than the
owner of the realty, the owners, agents, servants, or corporate officers
of the owner of real estate agree to register the owner's name
and address and to maintain and submit a current address where the
notice of any delinquent bill may be sent. Failure of any owner of
the realty to so register bars and estops the owner or the assigns
of the realty to maintain that the realty was occupied by anyone other
than the owner regardless of what name the water and sanitary sewer
user accounts set forth. The owners of realty, their agents, servants,
representatives, occupants or assigns of the realty have an affirmative
duty to register the owner's name and address where delinquent
notice of nonpayment of the monthly usage fees may be mailed. Any
owner whose name and current address is not registered with the Township's
collector of sanitary sewage fees forfeits the defense that the owner
did not receive timely notice of the delinquent sewage account, and
is estopped from asserting said defense in any collection action,
any lien or any sheriff sale for nonpayment of said delinquent sewage
fees.
5. All landlords must identify themselves to the collector of the user
fees within 10 days of becoming a landlord of any realty using the
sewage collection system of the Township. Failure to so register with
the said designated collector bars the landlord from any defense in
any collection cause of action that the landlord was not notified
of the sewage use delinquency incurred by any tenant.
The collector of said sewage fee, charges or assessments shall
be designated and appointed, from time to time, by motion or resolution,
and shall receive such compensation for its services and expenses
as determined, from time to time, by the Board of Commissioners of
Elizabeth Township. The collector of said sewage fee, charges or assessments
shall turn over to the Township, pursuant to the terms of the collector's
contract. The Township may, in lieu of having the funds turned over
to the Township directly, establish a Township account for direct
deposit by the said collector. The Administrative Manager of the Township
shall establish the procedure for deposit by the said collector, but
all monies received by the collector pursuant to this Part shall be
deposited within seven business days. Additionally, the Administrative
Manager shall set the procedure and time intervals for period reconciliation
and status reports on all accounts.
All use fees, charges and/or assessments shall be a lien upon
the realty serviced from the first day due (the 15th day of each month)
until paid together with any interest, penalty and cost due. Monthly
interest once applied is not prorated during the month and the entire
interest amount assessed is due together with the principal, penalty
and any cost assessed. The said use fee, charges or assessments, together
with penalty and interest, attorney's fees and cost attached
thereto, shall be due and payable on a monthly billing cycle.
The Township's Solicitor or the collector's attorneys
are hereby empowered to lien the realty for any delinquent amount,
and additionally, to enforce collection of any delinquent fees, charges
or assessments by reducing the lien to judgment and by executing on
said judgment in accordance with law. In addition to the power to
lien realty and to proceed to sheriff sale on said realty to satisfy
any delinquent amount due the Township due under this part, or any
other ordinances, resolution, or motions, the Solicitor or collector's
attorneys are also permitted to proceed in assumpsit against the owner
of the realty and/or against the named account user, either jointly
or severally, to collect any and all monies due the Township hereunder,
including the collection of the penalty of 10% per annum, and the
interest computed at a rate of 10% per annum as heretofore stated,
together with any attorney fees and court costs and any other cost
associated with the maintenance of the account and the collection
process, as permitted by statute for the collection of delinquent
municipal claims, and to reduce any award to judgment and to execute
said judgment against any and all assets of the delinquent sanitary
sewer user who is the actual user and/or the realty owner, jointly
and severally. When any statute or resolution permits a larger interest
rate, penalty, or attorney's fee then enacted by the Township,
then the Solicitor or the collector's attorneys shall have the
prerogative to proceed under said statute, ordinance or resolution
or any part of any statute, ordinance or resolution that will produce
the greatest return to the Township or what will reduce the cost of
the proceedings to the Township.
1. The Township shall, from time to time, send a notice for the demand for payment in the amount of the delinquent monies owed for the use of the sanitary sewers which amounts shall include the delinquent monies charges to the Elizabeth Township Sanitary Authority to the registered account holders and to the owner of the realty who have registered with the collector of the Township as required and set forth in § 205, Subsection
4 of this Part.
2. Said notice of demand of payment shall state the total amount of
money owed, together with the notice where said delinquent account
may be paid. Said demand for payment shall also contain a notice that
if said amount is not paid within a period of 30 days from the date
of the notice, then the Township or its designated collector, in addition
to any other legal remedies it may have, shall notify the appropriate
water company to disconnect and terminate all water service to the
realty where there are outstanding delinquent sewage charges.
3. In addition to the charges for the use of sanitary sewers, the Township
or its designated collector shall add an additional charge to cover
the costs of the thirty-day notice, the ten-day notice, the posting,
water termination and reconnection if applicable in addition to any
other costs incurred.
4. The notice of demand for payment may be amended by the Township Commissioners
by motion at any time.
5. In the event that said delinquent sanitary sewer usage fee with all
costs, penalty and interest incurred is not paid within the period
of 30 days, the water service of aforesaid premises shall be disconnected
and terminated until said bill, penalty, interest and all other costs
incurred are paid in full.
6. In the event it is necessary to disconnect and terminate the water
service to the realty, an amount equal to the fee charged by the water
company plus $10 for an administration fee to disconnect the service
and the fee to commence water service plus $10 administration fee
shall be added to the delinquent account and shall be payable in the
same manner as the rates, penalty, interest and any other charges.
7. Upon payment of sanitary sewer fee, penalty, interest and all other
costs incurred, including the disconnect and reconnect charges, water
service may be reinstated.
The Township and its facilities are exempt from this Part.
If any sentence, clause or section, or any part of this Part
is, for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses or sections
or parts of this Part. It is hereby declared as the intent of the
Township that this would have been enacted had such unconstitutional,
illegal or invalid sentence, clause or section, or part thereof not
be included herein.
Any ordinances or resolution or parts of any ordinance or resolutions
which are contrary to or conflict with the provisions of this Part
are hereby repealed to the extent necessary to give this Part full
force and effect.
This Part shall be effective as of January 1, 2016, and the
date of enactment and each month thereafter ending December 31 of
the current year, and each succeeding calendar year thereafter shall
continue in force on a calendar year basis, without reenactment, unless
the rates are subsequently changed. Changes in the rates shall become
effective on the date specified in the ordinance setting the new rates.
The fees, charges or assessments for the initial billing cycle shall
be due the date specified in said bill, and the amount due shall be
computed by multiplying the rates set forth in § 203 of
this Part, to the quantity of water used as indicated by the water
use meter reading or estimated quantity for the month, or, if applicable,
shall be the minimum fee as set forth in § 213 of this Part,
and thereafter, all said fees, charges or assessment shall be based
on the each succeeding monthly water use meter reading, or estimated
quantity, from succeeding month to succeeding month; provided, however,
to compute the correct fees, charges or assessments due each month,
the gross amount of water usage from prior months occurring in the
same calendar year shall be added to the current month to determine
the applicable rate to apply for that specific billing cycle, and
each quantity of water usage shall be added to the gross water usage
of prior month during the same calendar year to determine the proper
rate to apply for any specific month. After the initial billing cycle,
all subsequent billing cycles shall be due on the 15th day of each
month.