[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Those sections of any ordinances or parts of all other ordinances are repealed insofar as they conflict with the provisions of this article; however, such repeal shall not affect any act done or any liability or violation accrued under any such prior ordinance herein repealed or superseded. Furthermore, all such liabilities or violations of any repealed or superseded ordinances shall continue and may be enforced in the same manner as if such repeal or supersession had not been made. Moreover, any offense or violation committed and any penalty or forfeiture incurred under any such ordinance herein repealed or superseded may be prosecuted in the same manner as if this article had not been approved.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.
- REAL PROPERTY
- 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."
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.
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.