In the event that an owner of improved property connected to and served by the sewer system does not pay quarterly rentals or charges on or before the applicable billing due dates, the Township, at its discretion, may, in addition to collecting late fees imposed under §
200-8.3, exercise any or all of the following remedies:
A. If an account is three or more quarters overdue, the Township shall
mail a first warning letter to the property owner via regular mail.
This gives the owner of the property 10 days to pay the balance or
make payment arrangements by signing a promissory judgment note.
B. If after 10 days of the first warning letter a delinquent account
has not been paid, or the property owner has not made suitable payment
arrangements with the Township, the Township may file a municipal
lien against the improved property so connected to and served by the
sewer system, which lien shall be filed with the office of the Prothonotary
of Cumberland County, Pennsylvania, and shall be collected in the
manner provided by law for the filing and collecting of municipal
claims.
C. The Township shall ensure that the owner is not in bankruptcy proceedings
prior to filing a lien. In the event that the owner has filed for
bankruptcy, only the post-petition obligations are subject to collection
actions, as the pre-petition obligations are covered by the automatic
stay. The Township may file a lien on any post-petition past due balance
and treat it as any other delinquent account.
D. After a lien is filed, a time-stamped copy of the lien and a second
notification letter shall be sent to the property owner via certified
and regular mail, advising that the owner has 10 days to pay the balance
due or to make payment arrangements with the Township, and warning
of possible water service termination.
E. Water service termination is permitted by Pennsylvania law under
the provisions of the Water Service Act, 53 P.S. § 3102.101.
If after 10 days the owner has made no effort to reconcile his/her
sewer account, a water termination letter along with a copy of the
Responsible Utility Customer Protection Act of 2004 is sent via certified
mail and regular mail to the property owner explaining that he has
an additional 10 days to pay or the water service will be terminated.
This letter is also posted on the property and on the front door of
the residence at the time of posting. Said action shall result in
additional charges becoming due and payable, including any fee imposed
by the water utility.
F. After the passage of 10 days without communication from the owner,
the Township will initiate water service termination. The water company,
per its policies, may terminate service Monday through Thursday of
each week, but not preceding a holiday weekend. The water company
charges a fee to terminate and reconnect service. This fee is charged
by the Township to the customer's sewer account.
G. If a delinquent property owner does not fulfill his obligations following
water termination posting, and the water to the property is shut off,
the residence may be determined uninhabitable and/or the Township
may pursue legal action through a writ of scire facias or a civil
complaint.
H. Initiate civil proceedings, the costs of which shall be borne by
the owner of the improved property.
I. Initiate execution proceedings, including but not limited to securing
issuance of writ of scire fascias.
J. File a post-petition bankruptcy claim in accordance with the terms
set forth in Bankruptcy Code Section 366, Utility Service.
K. Utilize any new remedy hereinafter adopted by the Township's Board
of Commissioners of Upper Allen Township relative to the collection
of delinquent sewer rentals or charges, including referring delinquent
rentals or charge accounts to an approved agency for collection, with
all costs to the Township therefor to be borne by the owner of the
improved property.
L. At said time when full payment is made on a delinquent account for
which a property lien has been filed, the Township shall file a lien
satisfaction with the office of the Prothonotary of Cumberland County,
Pennsylvania, with all costs related thereto to be borne by the owner
of the improved property.
The applicable charges or fees shall be set forth in the Township's
Schedule of Charges and Fees, as set forth from time to time by resolution
of the Board of Commissioners of Upper Allen Township and available
for inspection at the Township office.
The Township may adopt charges and fees for reimbursement of
costs for the development, implementation and operation of an industrial
pretreatment program as follows:
A. Fees for wastewater discharge permit applications, including the
cost of processing such applications.
B. Fees for monitoring, inspections and surveillance procedures, including
the cost for the sampling and analysis of an industrial user's wastewater
discharge, and reviewing monitoring reports submitted by industrial
users.
C. Fees for reviewing and responding to accidental discharges and construction.
E. Other fees as the Township may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by these rates, rules and regulations and are separate from all other
fees, fines and penalties chargeable by the Township.