[Adopted 1-11-2006 by Ord. No. 1300; amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Those sections of any ordinances or parts of all other ordinances
are repealed insofar as they conflict with the provisions of this
article; however, such repeal shall not affect any act done or any
liability or violation accrued under any such prior ordinance herein
repealed or superseded. Furthermore, all such liabilities or violations
of any repealed or superseded ordinances shall continue and may be
enforced in the same manner as if such repeal or supersession had
not been made. Moreover, any offense or violation committed and any
penalty or forfeiture incurred under any such ordinance herein repealed
or superseded may be prosecuted in the same manner as if this article
had not been approved.
The purpose of this article is to preclude an owner/landlord
from avoiding liability to pay for water, sewer, and/or garbage service
because the water, sewer, and garbage service may have been in the
name of a non-owner/tenant of the real property.
The following words and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the content clearly indicates or requires a different meaning:
Natural persons, copartnerships, associations, private and
public corporations, authorities, fiduciaries, the United States and
any other country and their respective governmental agencies, this
commonwealth and any other state and their respective political subdivisions
and agencies.
Lands, tenements, real estate, buildings, parts thereof or
any estate or interest therein and shall include any personalty on
real property which is demised with the real property, whether the
real property is for residential and/or commercial use.
Any person or group of persons whose dwelling unit is in
a residential and/or commercial building and who is provided water
and/or sewer service at that residential and/or commercial unit but
who is not the landlord/lessor and/or owner.
One who owns and/or leases real property (whether for residential
and/or commercial use) to another.
One who has the right to possess, use, and/or convey real
property, whether residential and/or commercial. The definition of
owner includes "legal owner" or "equitable owner."
A.Â
As of
January 1, 2006, all owners and/or landlords of real property within
the Borough's limits must place any and all water, sewer and/or garbage
service in the name of the owner and/or landlord. As of January 1,
2006, it will be considered a violation of this article to have water,
sewer and/or garbage service in the name of any person and/or entity
who is not the owner and/or landlord of the property to which water,
sewer, and/or garbage service is provided.
B.Â
Any landlord
and/or owner who fails and/or refuses to comply with this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Allegheny County.
The provisions of this article shall be severable. If any provision,
section, clause, sentence, phrase or word of this article is for any
reason held unconstitutional, invalid or illegal by any court of competent
jurisdiction, that judicial holding shall not affect the validity
of any other portion of this article. It is hereby declared as the
legislative intent that this article would have been enacted had such
unconstitutional, invalid, or illegal portion not been included. Council
of the Borough of Avalon does not intend to violate the Constitution
of the Commonwealth of Pennsylvania or the Constitution of the United
States of America.
This article shall be effective January 1, 2006.
