[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.
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.
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.
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.
