[Ord. 89-3, 2/16/1989, § 121]
Sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property which shall be connected with the sewer system, for use of the sewage system, whether such use shall be direct or indirect, which sewer rentals or charges shall be payable in the amounts, at the times and in the manner provided in this Subpart B. Any improved property connected to the sewer system shall be exempt from the charges specified in §
18-122 if the improvements on that property have no facility for the use of water so that it is physically impossible for such an improvement to discharge anything into the sewage system. In the event that there are no improvements on that property prior to such new construction, the charges specified by §
18-122 hereafter shall commence when the building or improvement is occupied or leased. In the event that there is more than one dwelling unit in such improvement, the charges shall commence for each dwelling unit when such unit is occupied or leased. In the event that such a dwelling unit thereafter becomes vacant, subject to the exclusions as set forth in §
18-127, Subsection
6, hereafter, the sewer rental charge shall continue without interruption or abatement.
[Ord. 89-3, 2/16/1989, § 122; as amended by Ord.
95-12, 12/21/1995]
Computation of sewer rentals or charges shall be as follows:
1. Sewer rentals or charges for sanitary sewage discharged into the
sewer system from any improved property shall be on a flat rate or
on a combined flat rate and metered water usage basis. The water usage
basis, where applicable, shall be calculated as follows:
A. Each dwelling unit with a separate water meter shall be billed a
flat rate of $57 per quarter plus billing for water consumption in
excess of 12,000 gallons per quarter.
B. No additional billing shall be charged for water consumption for
the first 12,000 gallons per quarter. Gallonage consumption in excess
of 12,000 gallons per quarter shall be charged at the rate of $3.60
per 1,000 gallons in excess of 12,000 gallons.
[Ord. 89-3, 2/16/1989, § 123]
Each billing unit located in a multiple unit shall be billed
as a separate entity and the foregoing sewer rentals or charges, as
appropriate, shall be used in computing the sewer rentals or charges
applicable to each such billing unit as though such billing unit was
in a separate structure and had a direct and separate connection to
the sewer system.
[Ord. 89-3, 2/16/1989, § 124]
If the use of any improved property shall change during any
quarter annum period, the sewer rental or charge shall be adjusted
by this Borough, by pro-ration on a monthly basis to the nearest calendar
month, with a credit or charge, as shall be appropriate under the
circumstances, being made on the statement for the next succeeding
quarter annum period.
[Ord. 89-3, 2/16/1989, § 125]
Rates for all users of the sewer system shall be subject to
change from time to time by action of the Borough Council, through
resolution. The charges for sanitary sewage discharge into the sewer
system from any improved property shall be based on the most recent
rates as established by this section or by resolution of the Borough
Council and which resolution shall be kept on file in the Borough
Office, in the Office of the Municipal Authority, and with the trustee.
[Ord. 89-3, 2/16/1989, § 126]
Notwithstanding any provision in this Part 1 to the contrary,
this Borough shall have the right, based upon good reasons and circumstances
existing, to enter into special agreements with the owner of any improved
property with respect to terms and conditions upon which sanitary
sewage and/or industrial wastes may be discharged into the sewer system
and with respect to payments to be made to this Borough in connection
therewith. In such event, such service and payments with respect thereto
shall be governed by terms and conditions of such special agreement.
[Ord. 89-3, 2/16/1989, § 127; as amended by Ord.
89-5, 5/18/1989, § 1; and by Ord. 2002-2, 4/18/2002, § 1]
Time and method of payment shall be as follows:
1. Sewer rentals or charges imposed by this Subpart B shall be payable
on a calendar quarter annum basis.
2. All bills with respect to billing units shall be rendered for the
appropriate calendar quarter annum on the first days of January, April,
July and October of each year for service during the preceding calendar
quarter annum.
3. Sewer rentals or charges shall be due and payable five days after mailing or delivery of an appropriate net bill by or in behalf of this Borough to the person responsible for payment thereof and shall be payable at the office of the Treasurer of this Borough. If the net bill for sewer rentals or charges is not paid within 30 calendar days after the same shall become due and payable, an additional sum of 5% shall be added to the net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such 30 calendar day period shall constitute payment within such period. If the end of such 30 calendar day period shall fall on a legal holiday or Sunday, payment made on or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such period. If sewer rentals and charges are not paid within 60 calendar days after the same become due and payable, civil action may be taken to collect charges and lien may be filed pursuant to §
18-128.
In addition to all other rights of the Borough herein granted,
if a bill is not paid within 60 days after date of bill, a ten-day
written notice will be forwarded to the consumer at his latest recorded
address on the books of the Borough informing the consumer of the
delinquency and the penalty and the posting of a written notice at
the main entrance to the premises, declaring the intention of the
Borough to shut off and discontinue the sewer service and water service
in conjunction with the appropriate provider of water service to the
property if the bill is not paid within 10 days. If said bill is not
paid within 10 days of the mailing of the above delinquency notice,
sewer service and, in conjunction with the appropriate provider of
water service to the premises, the water service, shall be shut off
and discontinued. If service is terminated under these conditions,
a reconnection charge of $50 in addition to all arrearages must be
paid to the Borough before service shall be restored. If any employee
of the Borough collects the amount of a delinquent bill at the users
premises prior to termination of service, a collection charge of $20
shall be collected in addition to all arrearages.
4. Whenever service to any improved property shall begin after the first
day or shall terminate before the last day of any quarter annum billing
period, sewer rentals or charges for such period shall be prorated
equitably, if appropriate, for that portion of the quarter annum billing
period during which such improved property was served by the sewer
system.
5. Every owner of an improved property which is connected to the sewer
system initially shall provide this Borough with and thereafter shall
keep this Borough advised of his correct address. Failure of any person
to receive quarter annum net bills for sewer rentals or charges shall
not be considered an excuse for nonpayment nor shall such failure
result in an extension of the period of time during which the net
bill shall be payable.
6. The sewer rental charges imposed by this Subpart B may be abated
under the following conditions:
A. Water service is terminated with the water company and the water
meter is removed, and
B. Notice is given to the Borough Manager that the dwelling unit is
vacant and will remain so for a period of at least 90 days. In the
event that such vacancy does persist for 90 days, that quarter's
sewage charge shall abate retroactively to the date of termination
of water service and the notice to the Borough Manager.
[Ord. 89-3, 2/16/1989, § 128]
Sewer rentals or charges imposed by this Subpart B may be a
lien upon the improved property connected to and served by the sewage
system; and any such sewer rentals or charges which are not paid within
60 days after each quarter annum billing date applicable to the particular
improved property shall be filed as a lien against the improved property
so connected to and served by the sewer system, which lien shall be
filed in the appropriate office of Dauphin County, Pennsylvania, and
shall be collected in the manner provided by law for the filing and
collecting of municipal claims.
[Added by Ord. No. 2020-1, 3/19/2020]
1. Schedule of Fees.
A. The Borough hereby approves the following schedule of attorney fees
for services in connection with the collection of accounts, which
is hereby determined to be fair and reasonable compensation for the
services set forth below, all in accordance with the principals set
forth in Section 3 (a.1) of the Municipal Claims Law as amended by
Act No. 1 of 1996 (the "Act"):
Legal Services
|
Fee for Services
|
---|
Initial review and send demand letter and title report
|
$250
|
File lien; prepare Writ of Scire Facias, file Writ, service
of Writ by Sheriff
|
$500
|
Prepare and mail letter under Pa.R.C.P. § 237.01;
prepare entry of judgment, notices, pleadings and affidavits
|
$500
|
Prepare Writ of Execution, notice of Sheriff sale; attendance
at sale; review schedule of distribution and resolve distribution
issues
|
$1,000
|
Services not covered above:
|
|
Satisfaction of municipal lien
|
$50
|
Satisfaction of judgment
|
$50
|
Review of bankruptcy (including proof of claim)
|
$250
|
Motion for relief from automatic stay
|
$700
|
Motion for special service
|
$600
|
Petition to reassess damages
|
$275
|
Forbearance agreement
|
$200
|
All other services
|
$200 per hour
|
B. The above amounts are exclusive of the reasonable out-of-pocket expenses
of counsel in connection with each of these services, including but
not limited to filing fees, title search fees, Sheriff's fees
and advertising fees, which shall be added into and itemized in the
applicable counsel bills, which shall be deemed to be part of the
fees.
C. The amount of fees determined, as set forth above shall be added
to the Borough's claim in each account.
2. Collection Procedures. The following collection procedures are hereby
established in accordance with Act No. 1:
A. At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Borough shall mail
or cause to be mailed, by certified mail, return receipt requested,
a notice of such intention to the rate payer or other entity liable
for the account (the "account debtor").
B. If within 30 days after mailing the notice in accordance with Subsection
A, the certified mail to an account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing of imposing such attorney fees, the Borough shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
C. All notices required by this section shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Borough, or such other address as it may
be able to obtain from the County Office of Assessment and Revision
of Taxes.
D. Each notice as described above shall include the following:
(1)
The type of tax or other charge, the date it became due and
the amount owed, including penalty and interest;
(2)
A statement of the authority's intent to impose or assess
attorney fees within 30 days after the mailing of the first notice,
or within 10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account; and
(4)
The place of payment for the accounts and the name and telephone
number of the Borough official as designated as responsible for the
collection matter.
3. Related Action. The proper officials of the Borough are hereby authorized
and empowered to take such additional action as they may deem necessary
or appropriate to implement this section.
[Ord. 89-3, 2/16/1989, § 129; as amended by Ord.
89-5, 5/18/1989, § 1]
Measuring volume of sanitary sewage and industrial wastes for
industrial establishments shall be as follows:
1. Methods of measuring volume include:
A. Whenever the entire water supply of an improved property is supplied
by the water system, the volume of water furnished, as determined
from meter readings of the water system, shall be used as the measure
of discharge of sanitary sewage and/or industrial wastes in computing
sewer rentals or charges, subject to adjustment, if appropriate, as
provided in this Subpart B.
B. Whenever an improved property, which shall be discharging sanitary
sewage and/or industrial wastes into the sewage system, shall have
a source or sources of water supply in addition to or other than the
water system, the owner of such improved property shall provide a
meter or meters on such additional or other source or sources of water
supply, or the meter readings of the meter or meters on such other
source or sources of water supply, as appropriate, shall be used as
the measure of discharge of sanitary sewage and/or industrial wastes
in computing the sewer rentals or charges, subject to adjustment,
if appropriate, as provided in this Subpart B.
C. Whenever an improved property shall use water from the water system
and/or water from a source or sources of supply in addition to or
other than the water system for cooling, or unpolluted commercial
or industrial process purposes, and all or part of the water so used
shall not be discharged into the sewage system, the volume used as
the measure of discharge of sanitary sewage and/or industrial wastes
in computing sewer rentals or charges may be adjusted by one of the
following methods.
(1)
By installing a meter or other measuring device to measure the
volume not being discharged into the sewer system. The readings from
such meter or measuring device shall be deducted from the total water
meter readings and the remainder shall be used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rentals
or charges.
(2)
If it is not practical, in the opinion of this Borough, to install
a meter or other measuring device to determine continuously the volume
not discharged into the sewer system, this Borough shall determine,
in such manner and by such method as it may prescribe, the percentage
of metered water which is being discharged into the sewage system.
The quantity of water used as the measure of discharge of sanitary
sewage and/or industrial wastes in computing sewer rentals or charges
shall be the percentage so determined of the quantity measured by
the water meter or meters. Any dispute as to such estimated percentage
shall be submitted to this Borough promptly after notice of such estimate.
The decision of this Borough with respect to the matter shall be final
for the then current calendar year.
D. Whenever an industrial establishment shall discharge only industrial
wastes into the sewer system, the volume of water used, measured as
herein provided, shall be used as a measure of the quantity of industrial
wastes so discharged.
2. Measuring devices shall include meters or other measuring devices
which shall not be available in connection with the water system,
but which shall be required or permitted under provisions of this
Subpart B. These devices shall be furnished and installed in accordance
with specifications of this Borough by the owner of the improved property
at his expense. These devices shall be under the control of this Borough
and may be tested, inspected or repaired by this Borough whenever
necessary. The owner of the improved property upon which such meter
or other measuring device shall be installed, shall be responsible
for its maintenance and safekeeping, and all repairs thereto shall
be made at the expense of the owner, whether such repairs shall be
made necessary by ordinary wear and tear or other causes. Bills for
such repairs, if made by this Borough, shall be due and payable immediately
upon completion of such repairs and shall be collected in the same
manner as quarter annum bills for sewer rentals or charges.
3. This Borough, except to the extent that meter readings are made by
any other person in connection with the water system and are made
available to this Borough for purposes of this Subpart B, shall be
responsible for the reading of all meters or other measuring devices;
and such meters or other measuring devices shall be available to this
Borough at all reasonable times.