Borough of Brentwood, PA
Allegheny County
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Table of Contents
Table of Contents
[Amended 11-24-2014 by Ord. No. 1232]
A. 
All rates, fees, and charges for the collection, disposal, and treatment of sewage and other sewage costs shall be billed to the owner of the relevant premises, on a monthly basis, for all services previously rendered and not paid. The owner of any unit that is made available for lease or rent may designate the responsible agent, as listed on the rental unit registration document under § 163-5, as the payer of the bill.
B. 
Each such bill described in Subsection A above shall be payable, in full, within 21 days from the date of issuance of said bill, and any amount not paid within 21 days shall be deemed delinquent and shall be subject to penalties and interest as outlined in § 167-20.
C. 
Each such bill described in Subsection A that has not been paid within 90 days of the date of issuance of said bill shall be subject to the termination of service procedures described in § 167-26.
D. 
Each such bill described in Subsection A that has not been paid within 90 days of the date of issuance of said bill shall be satisfied at the Brentwood Municipal Building or, if the Borough should elect to host an electronic payment system, as an electronic transaction through a link provided on the Borough website. Personal checks shall not be accepted as an instrument for the payment of any bill that has not be paid within 90 days of the date of issuance of said bill.
A. 
With respect to any premises within Brentwood Borough where there are outstanding sewer rates, fees, or charges that have not been paid within 90 days of the date of issuance of the bill, Brentwood Borough Council shall designate either the Borough Manager or a third-party collector, or both concurrently, with the authority to secure the termination of water services, pursuant to the procedures set forth herein, until the payment in full of all delinquent charges, interests, penalties, and other costs incurred as a result of the collection of said delinquent charges and the termination and restoration of water services to said premises.
B. 
Brentwood Borough Council is hereby authorized to enter into an agreement with the incumbent Water Utility providing for the termination and restoration of water services to premises subject to delinquent sewer rates, fees, charges, and costs.
C. 
The termination of water service to delinquent premises shall be achieved pursuant to the following procedures:
(1) 
The Borough Manager and/or his designee shall maintain complete and accurate records of all delinquent charges, interests, penalties, and other costs incurred in the provision of sewer services, the termination and restoration of water to delinquent premises, the service and posting of notice to delinquent payers, all reimbursement to the Water Utility, and all other costs, expenses, and charges relevant to these procedures.
(2) 
The Borough Manager and/or his designee shall make written request to the Water Utility for termination or restoration of water services to delinquent premises and shall certify to the Water Utility that the bill for the relevant premises has not been paid within 90 days of the date of issuance of said bill, that the claim or lien for such service has been assigned by ALCOSAN to Brentwood Borough, that there has been posted a written notice of proposed water termination at the main entrance to the delinquent premises and that the Borough has given minimum notice of 10 days of its intention to request water termination at said delinquent premises, and that the Borough has not received a written and notarized affirmation from the liable payer stating that said payer has a just defense to the claim or any part thereof.
(3) 
With respect to each bill that has not been paid within 30 days of the date of issuance of said bill, the Borough Manager and/or his designee shall provide written notice on the subsequently issued bill to the payer liable for the sewer rates, fees, charges or costs of the Borough's right to terminate water service, and shall provide commensurate notification for each bill that has not been paid within 60 days of the date of issuance of the bill.
(4) 
With respect to each bill that has not been paid within 90 days of the date of issuance of said bill, the Borough Manager and/or his designee shall provide written notice on the subsequently issued bill to the payer liable for the sewer rates, fees, charges or costs of the Borough's intention to post a notice of water termination at the main entrance to the delinquent premises, and shall request the Chief of Police to designate a Borough police officer to post said notice at least 10 days prior to the Borough Manager and/or his designee delivering the request for water termination to the Water Utility. A service fee shall be assessed against the payer of any premises on which a notice of water termination is posted and shall be based on the Borough's annual fee resolution.
Should a bill associated with a premises containing at least one residential rental unit not be paid within 60 days of the date of issuance of said bill, the Borough Manager and/or his designee shall notify the landlord ratepayer via certified mail of the Borough's right to terminate water service at least 37 days prior to delivering the request for water termination to the Water Utility, and shall notify each residential tenant at least 30 days prior to delivering said request, in accordance with the provisions of the Utility Service Tenants Rights Act, 53 P.S. § 399.1 et seq. The landlord ratepayer shall be responsible for reimbursing the Borough for all associated mailing fees.
A. 
With respect to any premises within Brentwood Borough for which a request for termination of water service has been issued, water service shall not be restored unless all delinquent sewer rates, fees, charges, costs, penalties, interest, service fees issued by the Borough associated with the posting of the notice of water termination and service fees issued by the Water Utility associated with the termination and restoration of water service have been satisfied in full.
B. 
Upon receipt of full payment of the monies described in Subsection A above, the Borough Manager and/or his designee shall, within 24 hours, issue a request to the Water Utility to initiate restoration of water service to the delinquent premises.
A. 
Any payer who has not satisfied a bill within 90 days of the date of issuance of said bill may, as an alternative to making full payment, enter into a payment plan with the Borough Manager and/or his designee. Partial payments shall not be sufficient to prevent termination of water service unless said payment plan has been arranged and executed by the Borough Manager and/or his designee.
B. 
The payment plan shall be a written contract, signed in person at the Brentwood Municipal Building by both the payer and the Borough Manager and/or his designee.
C. 
Any payer who has not satisfied a bill issued prior to January 1, 2015, by a third-party collector within 90 days of the date of issuance of said bill and enters into a payment plan shall be required to pay, prior to the execution of said payment plan, a minimum of $50 at the Brentwood Municipal Building or through the electronic payment system. Said payer shall continue to pay a minimum of $50 per month for up to one year or until the delinquent balance is satisfied in full, whichever occurs sooner.
D. 
Any payment plan executed pursuant to Subsection C above shall be nullified if the payer does not satisfy all bills issued subsequent to January 1, 2015, within 90 days of the date of issuance of said bill.
E. 
Any payer who has not satisfied a bill issued after January 1, 2015, within 90 days of the date of issuance of said bill and enters into a payment plan shall be required to pay, prior to the execution of said payment plan, one-half of the total balance for the delinquent premises at the Brentwood Municipal Building or through the electronic payment system.
F. 
Any payment plan executed pursuant to Subsection D above shall be nullified if the payer does not satisfy the remaining balance within 30 days of the execution of said payment plan.
G. 
If the payer breaches the repayment terms outlined in the payment plan, the delinquent premises shall be subject to termination of water service.
H. 
If the payer breaches the repayment terms outlined in the payment plan, then the payer shall be prohibited from entering into a future payment plan for the following two years. The Borough Manager and/or his designee shall keep written record of the names and addresses of payers who are prohibited from entering into a payment plan and the date upon which said ban will expire.
A. 
If the payer does not satisfy all delinquent rates, fees, charges, penalties, interest and all other expenses and costs incurred under this article within five days of the termination of water service, the Borough shall issue a notice of intent to assess counsel fees in the form of a municipal lien, and, if payment is not received pursuant to this notice, shall file a municipal lien upon the premises and real property subject to said delinquency.
B. 
The Borough reserves the right to immediately issue a notice of intent to assess counsel fees without exhausting the termination of service measures outlined in § 167-26 above upon notification from the Water Utility that a payer has closed the water account for a delinquent premises.
No provision of this article shall be deemed to be a waiver of any other right or remedy available to Brentwood Borough under the law for the collection of delinquent sewer or sewage fees, rates, charges and other costs, and the Borough of Brentwood hereby reserves the right to pursue any and all such lawful remedies either collectively or separately.
From time to time, Brentwood Borough Council may designate either the Borough Manager or a third-party provider, or both concurrently, to exercise the powers and discharge the duties conferred upon them by the provisions of this article. Such action and direction by Borough Council shall be taken pursuant to Council's adoption of a motion at a public meeting of Council by simple majority vote of the Council members present at said meeting, if the number of members present constitutes a quorum of the total number of Council members.