City of Pittston, PA Article IV Sewer Rents and Charges

[Adopted 12-27-1990 by Ord. No. 1990-6; amended in its entirety 7-10-1991 by Ord. No. 1991-3]

§ 386-17 Rental or charge required.

A. Any occupied building using the storm and sanitary services of the City of Pittston shall not be connected without a sewer permit issued by the City Administrator stating the name of the owner, location of the property by ward, street and number, kind of drainage allowed and the proper tappage fee required. The Administrator may designate the Building Code Official or Code Enforcement Officer to act on his behalf.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Every owner of real property, whether for personal use, rental for profit or not for profit, located inside or outside the legal boundaries of the City of Pittston utilizing the storm and sanitary system which is operated and maintained by the City of Pittston shall pay an annual sewer usage and maintenance fee.

§ 386-18 Usage and maintenance fees.

[Amended 9-30-2002 by Ord. No. 2002-2; 6-30-2010 by Ord. No. 2010-2]

A. Each and every person or municipality existing or located inside or outside the legal boundaries of the City of Pittston utilizing either a sanitary or storm service which discharges its flow through any storm or sewer line which is owned and operated by the City and which runs through, across, or under the legal boundaries of the City shall pay an annual fixed usage and maintenance fee and/or a fee for commercial structures in an amount as set by resolution of the City Council. Said assessment may be reduced by any discount allowed by the applicable rules and regulations of the entity responsible for collection of the same. The rental and maintenance fee shall be payable by such person or municipality where the property is located within 30 days of billing.

[Amended 1-21-2015 by Ord. No. 2014-15]

B. For purposes of this section, the "year" or "current year" shall be intended to mean the twelve-month period commencing January 1 and ending December 31. It is further the intention of this article that, during the calendar year 2010, the said annual usage and maintenance fees be prorated and become effective immediately upon second and final reading.

§ 386-19 Delinquent accounts.

A. The annual sewer usage and maintenance fee shall be a lien on the property charged with the payment thereof. If not paid after 30 days' notice, said delinquent fee may be collected by an action in assumpsit in the name of the City against the owner of the property charged and/or the municipality where the property is located. The City of Pittston may, by distress or writ of execution, levy on personal property on the premises and sell said property to satisfy the account or file a lien similar in nature to a municipal lien, all costs, including court fees, attorney fees, etc., of which will be paid by the property owner or municipality.

B. Any person or entity who shall institute the use of the City sewer system, both sanitary and sewer, as described in this section during a part of the year shall pay according to § 386-20G(2).

C. Water termination policy.

[Added 3-18-2015 by Res. No. 11694]

(1) Properties that are in arrears six billing quarters or greater will receive a lien notification from the Wyoming Valley Sanitary Authority (WVSA), and a lien will be placed on the property. Liened properties remaining delinquent in the next billing cycle (the seventh billing quarter) will receive a water termination notice from the WVSA, and properties requiring water termination will have their service terminated in accordance with guidelines utilized by WVSA. A fee of $100 will be added to all satisfied liens that have been filed by the City of Pittston, and the property owner will be required to pay all additional fees, penalty and interest due to the City of Pittston. Properties that are liened, have a lien pending or water termination pending can establish a payment plan approved by the City Administrator and will be subject to the following repayment schedule:

Amount Owed	Amount of Down Payment (percent)	Amount of Time to Pay Balance (months)
$250 to $1,500	60%	6
$1,501 to $2,500	40%	12
$2,501 to $4,000	30%	24
$4,001 or greater	20%	36

(a) Payment plans in accordance with this section shall be in writing on a standard form approved by the City Administrator and provided by the City Treasurer to the property owner seeking a payment plan in accordance with this section. This form shall set forth the terms and conditions of the payment plan. In extraordinary circumstances, the City Administrator may modify the down payment amount to meet particular circumstances but may not extend the duration of the time permitted for complete repayment beyond what is specified in this section. Such payment plans will not be deemed in effect until signed by both the property owner and by the City Administrator. The City Treasurer shall monitor all payment plans and will immediately report any defaults to the City Administrator. Failure to comply with the terms and conditions of the payment plan will immediately nullify the payment plan without further action by the City, and the regular delinquent process as set forth in this section shall then be implemented.

[Added 6-16-2021 by Res. No. 12582]

(2) The City Council of the City of Pittston hereby adopts a water termination policy for delinquent sewer maintenance service fees and authorizes the City to enter into an agreement between the City of Pittston and the Wyoming Valley Sanitary Authority to initiate water service termination as per the terms of the attached agreement.[1]

[1] Editor's Note: Said agreement is on file in the City offices.

§ 386-20 Payment; collection.

A. For the purpose of this section, the "year" or "current year" shall be intended to mean the twelve-month period commencing January 1 and ending December 31.

B. The annual sewer usage and maintenance fee, together with the penalty and interest thereon, if any, shall constitute a lien on the real property.

C. The City of Pittston shall designate, by resolution, a collection agent who or which is authorized to collect such annual sewer rental or charge, together with any penalty and/or interest thereon. Said agent shall perform the duties of said office in accordance with the rules and regulations of the Wyoming Valley Sanitary Authority which were adopted on June 19, 1967, and as amended subsequent thereto.

D. The said rules and regulations of the Wyoming Valley Sanitary Authority are hereby incorporated in this article by reference as though the same were more fully set forth herein at length and as the same may be amended from time to time by the Board of Directors of the Wyoming Valley Sanitary Authority.

E. The City Council of the City of Pittston hereby designates the Wyoming Valley Sanitary Authority as its agent on a yearly basis until terminated to collect the user fee assessment as indicated. The Wyoming Valley Sanitary Authority will receive a fee of 7% of the gross amount billed and paid within 120 days of billing. The Wyoming Valley Sanitary Authority will be responsible for an original billing and one delinquent billing as part of their services. After that, the City of Pittston will assume collection responsibility.

F. Commercial accounts will be billed quarterly and maintained by the Wyoming Valley Sanitary Authority until the end of the year. If delinquent at that time, the City of Pittston will assume responsibility for collection.

G. Collection.

(1) Date of payment. The annual service usage and maintenance fee shall be payable within 30 days of billing.

(2) Payment for fractional use of sanitary sewer system.

(a) Newly constructed dwelling units shall be billed at the following rate:

[1] January 1 through June 30: 100% of fee.

[2] July 1 through December 31: 50% of fee.

(b) Newly constructed commercial units shall be billed according to usage.

(3) Penalty for late payment. If said annual service usage and maintenance fee is not paid within 30 days of billing, a ten-percent penalty shall be added to the amount of the usage and maintenance fee and also an interest charge of 1/2 of 1% per month until said usage and maintenance fee, penalty and interest are paid.

§ 386-21 Liability for damages.

The City shall not be liable for any damage or expense resulting from leaks, stoppages or defective plumbing work from any other cause occurring to any premises or within any house or building; and it is expressly stipulated by and between the City and the owner that no claims shall be made against the said City on account of the breaking or stoppage of or any damage or expenses to any lateral, building sewer or house connection when the cause thereof is found to be in the lateral, building sewer or house connection, except for the collection lines flowing through the City of Pittston.