[Adopted 6-4-1973 by Ord. No. 1129 (Ch. 18, Part 2, of the
1986 Code of Ordinances)]
In any case where the Washington-East Washington Joint Authority
has certified to the City of Washington, Pennsylvania, that an owner
or occupant of premises served by Western Pennsylvania Water Company-Washington
District has neglected or failed to pay for a period of 30 days or
more, from the due date thereof, any rental, rate or charge for sewer,
sewerage, or sewage treatment service imposed by the City of Washington
and authorized by the City of Washington to be collected by the Washington-East
Washington Joint Authority, said Western Pennsylvania Water Company-Washington
District is hereby authorized and required, at the request and direction
of the City of Washington-East Washington Joint Authority shall have
assigned its claim for such service to the City of Washington, to
shut off the supply of water to such premises until all such overdue
rentals, rates and charges, together with any penalties and interest
thereon, shutoff fees, restoration fees, and estimated loss of water
revenue for which the City of Washington may become responsible to
pay to the said Water Company, shall be paid by the owner or occupant
of said premises.
In no case shall the water supply be shut off to any premises
until 10 days have elapsed after written notice of an intention so
to do has been mailed by the Washington-East Washington Joint Authority,
acting as agent for the City, to the owner, occupant or other person
liable for payment of the said rentals, rates or charges, and in addition
thereto, there has been posted by said Authority a written notice
of said intention at a main entrance to the premises.
If during such ten-day period the owner, occupant or other person
liable for the payment of the rentals, rates or charges delivers to
the Western Pennsylvania Water Company a written statement, under
oath or affirmation, stating that he or she has a just defense to
the claim, or to part of it, for such rentals, rates or charges, then
the water supply shall not be shut off until the claim has been judicially
determined. Such statement shall also contain a declaration under
oath or affirmation that such statement was not executed for the purpose
of delay.
The City of Washington, Pennsylvania shall pay to the Western
Pennsylvania Water Company-Washington District the sum of $10 to cover
the Water Company's reasonable additional clerical and other
expenses incurred by it in shutting off the water supply to each such
premises. In addition, the City of Washington shall pay to said Water
Company, upon its request therefor, the further sum of $10, the said
Water Company's cost of restoring water service to each such
premises. In event that more than one hour is required for the shutoff
or restoration of water service to any such premises, the City of
Washington shall pay the actual cost thereof to the Water Company
based on time, material, transportation and other fixed charges. In
addition, the City shall pay to said Water Company the estimated loss
of water revenues resulting from such shutoff, based upon the actual
period of time during which the supply of water is shut off in each
instance. The aforesaid shutoff and restoration fees and the stated
loss of water revenues shall be collected by the City of Washington
through the Washington-East Washington Joint Authority as part of
the charges and costs of the rentals, rates and charges aforesaid,
before restoration of said water service.
For the purpose of collecting the aforesaid fees, rentals, rates,
charges, estimated loss of water revenue, or other costs incurred
by the City in carrying out the provisions of this article, the City
of Washington does hereby authorize and designate the Washington-East
Washington Joint Authority to be its agent in carrying out the provisions
of this article. Furthermore, the Mayor is hereby directed to enter
into an agreement in behalf of the City of Washington with the Western
Pennsylvania Water Company-Washington District to carry out the intents
and purposes of this article, which agreement shall be made subject
to the approval of the Pennsylvania Public Utility Commission.
In the event a dispute arises between the Western Pennsylvania
Water Company-Washington District and the City of Washington, Pennsylvania,
regarding the cost of such services, the amount of such revenues lost,
or regarding provisions of any agreement between the City of Washington
and said Water Company, such dispute shall be submitted by either
the City of Washington or said Water Company to the Pennsylvania Public
Utility Commission, whose decision, unless reversed on appeal, shall
be final.
