[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All property within the Borough of Avalon with improvements
located on such property that utilize potable water for sanitary facilities
shall be subject to a sanitary surcharge fee imposed by the Borough
of Avalon. The amount of said fee shall be $0.0021 on every gallon
of water or part thereof used during any three-month billing period
as evidenced by the quarterly water meter readings taken by the West
View Water Authority. An additional fee of $9.95, to be paid quarterly,
will be part thereof as a customer service charge for the billing.
The sanitary sewer surcharge fee established by this article
shall be for each residential, commercial, or industrial unit served
by a metered water service line and the quantity of water used by
each such residential, commercial, and industrial unit. Such surcharge
fee shall be billed to the person in whose name the water service
is contracted (whether he be the owner of the property or a tenant);
however, the property owner shall be responsible for the payment of
such surcharge fee if the billable party does not make such payment.
The Borough of Avalon shall be required by this article to establish
a separate sewer improvement fund to utilize the sanitary sewer surcharge
fees to, directly or indirectly, provide the funds necessary for the
required engineering work, design, construction, and purchase of components
for improvements, replacements, rehabilitation, major repairs, additions,
and other associated major work projects to the sanitary sewer system
and storm sewer system. Such other major work projects include, but
are not limited to, smoke testing, dye testing, the separation of
storm flow from the sanitary sewer system, manhole and inlet rehabilitation,
reconstruction, and installation, the cleaning of sewer lines and
components, investigating and identifying the conditions of sewers
and locating possible leaks, breaks, and blockages through the use
of televising sewer lines, the purchase and installation of sewer
flow monitors, the required field work and engineering work necessary
to adequately provide maps of the sewer systems and identify the hydraulic
capacity of the systems, and any other sewer system related work items
as identified by the Council of the Borough of Avalon.
The failure of any billable party (or ultimately the property
owner) to pay the identified sanitary sewer surcharge fee to the Borough
of Avalon within 30 days of the billing date of such surcharge fee
will cause the imposition of a penalty which will be imposed as follows:
A. An initial penalty charge in the amount of 10% of the surcharge fee
shall be assessed and added to the charge.
B. An additional penalty charge in the amount of 10% of the principal
balance shall be added to the balance that remains unpaid each year
on the anniversary date of the initial penalty charge as long as the
charge remains outstanding.
C. Partial payments received on unpaid balances shall be applied first
to all penalty charges and then to the principal balance due and owing.
D. Unpaid amounts may be subject to additional costs, fees, expenses
and interest, consistent with the Municipal Tax Claim and Lien Law,
as amended.
The failure of any billable party (or ultimately the property
owner) to pay the identified sanitary sewer surcharge fee to the Borough
within 90 days of the billing date may result in the Borough of Avalon
having the potable water supply to the building terminated until such
sewer surcharge fee is paid to the Borough in total. Any and all fees
associated with the scheduled termination of water service to a location
shall be the responsibility of the billable party (or ultimately the
property owner) and shall be paid to the Borough of Avalon prior to
the Borough halting such planned termination of water service. Any
and all fees associated with the planned and/or actual termination
of water service to a location shall be the responsibility of the
billable party (or ultimately the property owner) and shall be paid
to the Borough of Avalon prior to the restoration of water service
to the location.