[Ord. 208, 2/28/1969, § 1; as amended by Ord. 305,
7/13/1981, § 1; by Ord. 393A, 2/2/1993, § IV;
and by Ord. 99007, 11/8/1999, § 1]
Unless the context specifically indicates otherwise, the meaning
of the terms used In this Part shall be as follows:
Akron Borough Authority.
The Borough of Akron.
That part of the main building, house drain, or sewer line
inside the walls of the building and extending through the wall to
a point of the outside edge of the curb or, if there is no curb, to
the inside edge of the cartway.
A unit of use or occupancy equivalent to daily sewer usage
of 350 gallons of sewage per day.
Any solid, liquid, or gaseous substance or water-borne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage.
All facilities located between the sewer main and the curb
or, it there is no curb, the edge of the roadway abutting the property
effected with sewage service.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the sewered area.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Spent waters, together with human and household wastes ordinarily
removed by water carriage, and industrial waste. Such definition expressly
excludes the effluent from septic tanks or cesspools, rain, storm,
and ground water, which could in any way enter the sewer system, as
well as, roof or surface drainage, drainage of percolating or seeping
waters or accumulation thereof, whether underground or in cellars
or basements.
That part of the main house drain or sewer line extending
from a line at the outside edge of the curb or, if there is no curb,
from the edge of the cartway to the point of its connection to the
building.
All or any part of sewer system as defined herein.
Sewer mains, lateral sewers from main to point of house connection,
sewage ejector and/or pumping stations, sewer force mains, sewage
treatment plants, and all appurtenant facilities owned by Akron Borough
Authority and operated by Borough in furnishing sewage services.
That portion of Borough in which there shall be constructed
a sewage collection system, as from time to time constructed and extended.
[Ord. 208, 2/28/1969, § 2; as amended by Ord. 239,
6/5/1972, § 1; by Ord. 305, 7/13/1981, § 2; by
Ord. 323, 1/10/1983, § 1; by Ord. 393A, 2/8/1993, § II;
by Ord. 99007, 11/8/1999, § 2; by Ord. 00011, 7/8/2002,
§ II; and by Ord. 00066, 1/14/2013, § 1]
1.
A.
This Borough shall charge a connection fee in, the amount of the
actual cost incurred by the Borough for each connection to the Borough's
sewer lateral. In lieu of payment of said connection fee the Borough
may, at the discretion of the Borough, require the construction and
dedication of those facilities by the property owner or the owners
requesting such connection. Upon the occurrence of said event, the
property owner or owners shall reimburse the Borough for its reasonable
expenses in supervising such connections.
B.
The Borough does also hereby impose a customer facilities fee in
the amount of the actual costs incurred by the Borough for the facilities
serving the connected property from the property line or curb stop
to the proposed dwellings or buildings to be served, where the Borough
and not the property owner or owners install the customer facilities.
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In lieu of the payment of the customer facilities fee the Borough
may require the construction of those facilities by the property owner
or owners requesting customer facilities. Upon occurrence of said
event, the property owner or owners shall reimburse the Borough for
its reasonable expenses in supervising the construction of such facilities.
Upon occurrence of said outcome of the property or the owner should
reimburse the Borough for its reasonable expenses and supervising
the construction of such facilities.
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C.
The Borough Council shall, from time to time, establish a sewer tapping
fee, by resolution of Council, against the owner of any improved property
whenever such owner hereafter shall connect any such improved property
with the sewer system or in the case as to capacity fee and distribution
fee parts, whenever use of the system is proposed to be increased.
Said tapping fee shall be established pursuant to provisions of applicable
codes and may include a capacity fee, a distribution fee, and reimbursement
fee.
2.
_____
A.
The capacities fee and the collection fee parts of each tapping fee
shall be due and payable for each dwelling unit in multi-dwelling
situations.
B.
In each case of commercial or industrial users, the total tapping
fee shall be modified by adding a capacity fee and collection fee
parts sum computed by multiplying the sums set forth in the capacity
fee and collection fee parts times the number of equivalent dwelling
units estimated, in good faith, by the applicant to be the applicant's
average daily usage over the term of the first five years of use,
but will never be less than one capacity fee and collection fee part.
C.
In the event that the Borough is not satisfied with applicant's estimate,
the Borough's Engineer shall submit its own estimate. If the applicant
is unwilling to accept the estimate of the Borough's Engineer, then,
in said event a hearing shall be held before Council at which time
Council shall make a final decision on the matter.
D.
The Borough shall have the right to actually measure sewer usage
during each of said five years and in the event that the applicant's
good faith estimates prove too low or in the event that the decision
of the Borough is too low. Applicant will promptly pay to the Borough,
on an annual basis, the corrected capacity fee and collection fee
parts then in effect times the number of increased equivalent dwelling
units actually used. Any overpayment made hereunder shall be considered
used for reservation of capacity and costs in processing and shall
not be refunded. Such capacity fee and collection fee components shall
be charged for connection of each improved property or for adding
of additional uses or units of occupancy by the owner of such improved
property.
E.
The Borough shall also have the right to measure sewage usage at
any time during which it is believed that sewage usage has changed
from that previously approved and previously assessed. Owner will
promptly pay to the Borough the corrected capacity fee and collection
fee parts then in effect times the number of increased equivalent
dwelling units actually used or anticipated to be used. Any overpayments
hereunder shall be considered for reservation of capacity and costs
in processing and shall not be refunded. Capacity fee and collection
fee components shall be used for increased usages of equivalent dwelling
units of sewage capacity and shall be charged at the capacity fee
and collection fee components then in effect.
F.
In the case of mobile home parks, trailer courts, campgrounds, shopping
centers, apartments, office buildings, hotels, motels, rooming house,
nursing homes; industrial parks and all other tracts wherever by lease
ownership, or contract there are multiple structures, divisions of
structures or separate sleeping quarters, or units of occupancy among
separate owners, lessees or residents, each unit of use or occupancy
shall be considered as though it were a separate unit and a separate
capacity fee and collection fee parts shall be paid thereafter, except
when a business or professional use is in connection with a dwelling
unit occupied by the same person who owns and operates the business
or profession (and no persons are employed therein). This provision
shall apply to tapping fees only. Nothing herein shall be construed
to prohibit, if otherwise authorized (and if all applicable monies
are paid), single laterals for multiple units under one ownership.
G.
All fees shall be due and payable at the time application is made
to the Borough to make any such connection to the sewer system or
upon the date when the Borough shall connect any such improved property
to the sewer system, at the cost and expense of the owner, when such
owner shall have failed to make such connection as required by the
Borough pursuant to the provisions of this Part then in effect requiring
such connection or when applicant applies for additional services
or when applicant commences use of facilities using additional services,
whichever shall first occur.
H.
All fees shall be payable to the Treasurer of this Borough or to
such other officer or representative of this Borough as shall be authorized,
from time to time, by resolution of this Borough, to accept payment
thereof.
3.
No person shall uncover, connect with, make any opening or use, alter
or disturb in any manner any sewer of sewer system without, first
obtaining a permit from Borough.
4.
No person shall make or cause to be made a connection of a property
with a sewer until the following conditions have been fulfilled:
A.
The permit officer shall have been notified at least 24 hours in
advance of the time when such connection will be made. Each owner
shall be solely responsible for all maintenance, repairs and replacements
of the building sewer and service line. Additionally, each owner shall
be solely responsible for removing all clogs and other constrictions
on the passing of sewage, to the point of the sewer main. The Borough
shall only be responsible to repair breakage or damaged pipes outside
the building sewer and service line.
B.
The required permit shall have been obtained.
C.
The tapping fee imposed by Authority or Borough, as the case may
be, has been paid.
D.
Any required street opening permit has been obtained and paid for
by owner.
5.
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A.
Where a sewer line is to be extended at the expense of the owner
or owners of property or where the Borough otherwise would construct
the customer facilities, the property owner or owners shall have the
right to construct the extension or install the customer facilities
himself or themselves through a subcontractor approved by the Borough,
which approval shall not be unreasonably withheld; provided, that
the Borough shall have the right, at its option, to perform the construction
itself only if the Borough provides the extension or customer facilities
at a lower cost and within the same timetable specified or proposed
by the property owner or owners or his or their approved subcontractor.
B.
Construction by the property owner or owners shall be in accordance
with an agreement for the extension of the Borough's system and plans
and specifications approved by the Borough and shall be undertaken
only pursuant to the existing regulations, requirements, rules and
standards of the Borough applicable to such construction and shall
be further subject to inspection by an inspector authorized to approve
such construction and employed by the Borough during construction.
C.
When a main is to be extended at the expense the owner or owners
of properties, the property owner or owners shall deposit with the
Borough, in advance of construction, the Borough's estimated reasonable
and necessary costs of reviewing plans, construction, inspections,
administrative, legal awl engineering services. Construction shall
not commence until the property owner or owners have posted appropriate
financial security.
D.
The property owner or owners shall reimburse the Borough for all
its reasonable and necessary expenses incurred as a result of the
extension.
E.
Upon completion of the construction, the property owner or owners
shall dedicate, and the Borough shall accept the extension of the
Boroughs system, provided dedication of facilities and the installation
complies with plans, specifications and regulations of the Borough
and the agreement between the Borough and the property owner.
F.
Where the property owner constructs or causes to be constructed at
his expense any extension of the sewer system of the Borough, the
Borough shall provide for the reimbursement to the property owner
when the owner of another property not in the development for which
the extension was constructed connects a service line directly to
the extension within 10 years of the date of the dedication of such
extension to the Borough in accordance with the following provisions:
(1)
Such reimbursements shall be equal to the distribution or collection
part of each tapping fee collected as a result of subsequent connections.
The Borough shall deduct from each reimbursement payment an amount
equal to 5%, which shall be deemed to represent the appropriate charge
for administrative expenses and services rendered in calculating,
collecting, monitoring, and disbursing the reimbursement payments
to the property owner entitled thereto.
(2)
Reimbursement shall be limited to those lines which have not
previously been paid for by the Borough.
(3)
The Borough shall, in the preparation of the necessary reimbursement
agreement with the property owner or owners for whose benefit reimbursement
will be provided, attach as an exhibit an itemized listing of all
sewer facilities for which reimbursement shall be provided.
(4)
The total reimbursement to which a property owner or owners
shall be entitled shall not exceed the cost of all labor and material,
engineering design charges, the cost of performance and maintenance
bonds, Borough review and inspection charges, as well as flushing
and televising charges and any and all charges involved in the acceptance
and dedication of such facilities by the Borough, less the amount
which would be chargeable to such property owner based upon the Borough's
collection and distribution tapping fees which would be applicable
to all lands of the property owner or owners served directly or indirectly
through such extensions if the property owner or owners did not fund
the extension.
(5)
The Borough shall notify by certified mail, to their last known
address, the property owner or owners for whose benefit such reimbursement
shall apply within 30 days of the Borough's receipt of any such reimbursement
payment. In the event that the property owner or owners have not claimed
reimbursement payment within 120 days of the mailing of the notice,
the payment shall revert to and become the sole property of the Borough
with no further obligation on the part of the Borough to refund the
payment to the property owner or owners.
(6)
Whenever a sewer system or part or extension thereof owned by
the Borough has been constructed by the Borough at the expense of
a private person or corporation or has been installed by a private
person or corporation under the supervision of the Borough at the
expense of the private person or corporation, the Borough shall have
the right to charge a tapping fee and refund said tapping fee or any
part thereof to the person or corporation who has paid for the construction
of said sewer system or any part or extension thereof.
6.
Whenever any person is required to pay any additional sums for additional
tapping fees pursuant to the provisions of this Part, and such additional
sums are incurred not because of new construction, that person shall
have the right to make 12 equal monthly installments (without interest)
of the additional tapping fees owed to the Borough.
[Ord. 208, 2/28/1969, § 3; as amended by Ord. 217,
4/6/1970, §§ 1, 2; by Ord. 227, 5/3/1971, § 1;
by Ord. 231, 11/1/1971; by Ord. 305, 7/13/1981, § 3; by
Ord. 323, 1/10/1983, § 2; by Ord. 393A, 2/8/1993, § I;
by Ord. 394, 7/12/1994, § 2; by Ord. 398, 1/31/1994, § I;
and by Ord. 00016, 12/9/2002, § I]
1.
There is hereby imposed on each owner of each property serviced by
sewer system quarter-annual sewer rentals, based upon water consumed
as determined by the quarterly readings of such discharge or other
meters as may be installed pursuant to this Part as follows:
A.
Sewer rental rates shall be set, from time to time, by resolution
of the Akron Borough Council.
2.
In those cases where properties have a source or sources of water
supply in addition to, or other than, Borough's water system, owners
of such properties shall provide a meter, approved by Borough, on
such additional or other source or sources of water supply. The total
volume of water furnished as determined from of Borough's water meter
and the meter readings of the meter or meters on such additional or
other source or sources of water supply, as appropriate, shall be
used as the measure of discharge of sanitary sewerage in computing
the sewer rentals and charges.
3.
The use of second water meters to measure water usage not flowing
into the sewage system shall be permitted under and subject to strict
compliance with the following terms and conditions:
A.
There shall be installed two separate water meters on two separate
water systems off of the same initial lateral (i.e., the lateral shall
be "v"ed into the two separate meters), which two separate meters
shall not be in line with each other, but on their separate respective
systems.
B.
One meter shall be for general household purposes and for other purposes
that ultimately discharge wastewater into the sewer system. The other
water meter shall be for use of water that does not ultimately enter
the sewage system in any form at any place. There shall be no cross-connections.
C.
The meters, their costs, their maintenance, and all plumbing associated
with the initial set up and thereafter shall be at the sole expense
of the property owner. All work shall be performed under the supervision
of Borough employees, whose costs shall be reimbursed at the property
owner's expense.
D.
Customers shall receive two water bills, one of which shall also
include the sewage and the other which shall be separate for the separate
meter. That separate meter shall not be invoiced any minimum, but
shall be paid on a per gallon basis for each gallon metered, at the
current regular rates.
E.
It is a condition of being allowed two meters that Borough employees
are granted access to each premises for the purposes of inspecting
water systems on each premises to be sure of compliance with this
section.
F.
Both water meters shall be clearly observable in order to enable
a proper inspection to be made easily to ascertain that each water
meter properly records the appropriate water for the appropriate purposes.
G.
Any owners of a premise subject to this Subsection 3, which has consumed water upon premises through the nonsewer meter installed under this subsection, but which water rate authorized by law for each and every quarter during which the meter under this paragraph has been installed.
H.
Should any premises which are subject of this subsection discharge
into Borough's sewer system water which has been metered pursuant
to the provisions of this subsection so as to violate the provisions
of this subsection, then Borough Council, by simple majority of Council
members voting, may thereafter refuse owner the right to the privileges
afforded by this section.
4.
No industrial waste violating any of the following standards may
be discharged into sewer system without prior approval of Borough:
A.
Having a temperature higher than 150° F.
B.
Containing more than 100 parts per million (p.p.m.) by weight of
fat, oil or grease.
C.
Containing any gasoline, benzene, naphtha, fuel oil or other inflammable
or explosive liquid, solid or gas.
D.
Containing any unground garbage.
E.
Containing any ashes, cinders, sands mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure or any other
solid or viscous substance capable of causing obstruction or other
interference with the proper operation of the sewage treatment plant.
F.
Having a "pH" not lower than 6.0 nor higher than 9.0 or having any
other corrosive property capable of causing damage or hazard to structures,
equipment, or personnel of the sewage treatment plant.
G.
Containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage treatment process constituting
a hazard to humans or animals or to create any hazard in the receiving
waters of the sewage treatment plant. Toxic wastes shall include wastes
containing cyanide, copper and/or chromium ions.
H.
Containing total solids in such character and quantity that unusual
attention or expense is required to handle such materials at the sewage
treatment plant.
I.
Containing noxious or malodorous gas or substance capable of creating
a public nuisance.
J.
Under the following terms and conditions, sanitary sewage, septage
and industrial wastes which qualify under this Part may be discharged
into sewer system of Borough other than through pipes connected in
sewer system:
(1)
Any person desiring to discharge such sewage into sewer system
shall first apply to Borough in writing. Such application shall be
deemed be consent to the terms and conditions of this paragraph, especially
the mils and rates hereinafter set forth but not limiting such acceptance
to just mils and rates. The application shall include an analysis
of the waste being discharged to insure compliance with the chemical
and physical limitations imposed by this Part. The discharger of any
waste which is found to exceed these limitations shall be subject
to a fine and all damages suffered by the Borough by the result of
such discharge.
(2)
Before discharging any wastes into sewer system, the applicant
shall secure specific designation as to where this shall be done from
the Public Works Superintendent of Borough. Prior approval of location
shall be required for each dumping, and a manhole or other location
shall be assigned for each dumping.
(3)
Such dumping shall be accomplished by the applicant so as not
to cause any odor to any residents within the Borough or any other
occupied structure or deposition of solids within the sewer main.
(4)
The applicant shall pay a price per load for each truckload
in accordance with the following schedule:
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0 to 1,000 gallons
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$5
|
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1,000 to 2,000 gallons
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$8
|
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2,000 to 3,000 gallons
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$1
|
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3,000 to 4,000 gallons
|
$14
|
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4,000 to 5,000 gallons
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$17
|
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Over 5,000 gallons
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$3 per 1,000 gallons
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Bills for such sewage shall be rendered quarterly in the usual
manner as all other bills for sewage. However, should any bill for
this type of sewage not be paid within 15 days of the date of its
mailing; permission under this paragraph shall automatically cease.
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(5)
Permission shall automatically cease upon any violation of subparagraph
(3), hereof.
(6)
Permission shall automatically cease should any applicant dump
into sewer system any sewage upon which the applicant has not received
prior designation as to the location of such dumping.
5.
Whenever it is found that effluent from septic tanks or cesspools, rain, storm, and ground water as well as roof or surface drainage, drainage of percolation or seeping waters or accumulation thereof, whether underground or in cellars or in basements, has in any way entered sewer system, the owner of the property from which the same has entered sewer system shall be billed, as soon as the computations can be made by the Borough Engineer of the estimated amount of water involved for sewer service improperly used, together with the 10% penalty (§ 18-104) and interest upon said bill from the date of said penalty at the maximum legal rate authorized by law for each and every quarter during which it has been determined by the Borough Engineer that such condition has existed, Borough Engineer shall add to each such bill his reasonable costs for making such computations; and, additional bill will be presented from time to time thereafter until such condition shall be completely remedied. The provisions of this subsection shall in no way affect the right of Borough to enforce any other provisions of this Part. The purpose of this subsection is to reimburse the Borough for the damage it has suffered as a result of such a violation of this Part; but, Borough reserves the right to enforce any and all other provisions of law, ordinance or regulation concurrently with said billing or subsequent thereto. The property owner will immediately cease and desist such improper practice as soon as being notified thereof by Borough or as soon as the property owner has any knowledge thereof, whichever is the earlier.
6.
The sewer rentals and charges hereinabove set forth shall be applicable
for all properties benefitted, improved or accommodated by sewer system
within the Borough of Akron effective 1, 1970, whether then connected
to sewer system of not.
[Ord. 208, 2/28/1969, § 3A; as added by Ord. 226,
3/1/1971, § 1; and as amended by Ord. 305, 7/13/1981, §§ 4,
5]
1.
The owner of any premises given sewer service by Borough but which
does not receive water service from Borough shall be responsible for
all provisions of this section as well as the remainder of this Part.
2.
A tapping fee paid by said owner shall be $600 for the first equivalent
dwelling unit. In the case of multifamily dwellings, an initial fee
of $600 for the first equivalent dwelling unit in each set of multi-dwellings
shall be paid and for each additional equivalent dwelling unit in
each set of multi-dwellings an additional fee of $300 shall be paid.
3.
An application for service under this section shall be made to Borough
which application shall include, but not be limited to, the granting
by owner of a right-of-way to Borough for access at all times to premises
of owner for the purposes of inspection of the water system of owner
to be sure that the meter is properly installed and remains properly
installed and in operating condition at all times. The right-of-way
to be given by owner to Borough shall be recorded in the Office of
the Recorder of Deeds in and for Lancaster County and shall be valid
as long as the water supply for the premises subject to this section
shall not be received from Borough or some other municipality furnishing
water service, which municipality requires that its water service
used for all purposes by the premises (so that the water meter for
such other municipality shall clearly register all water which will
eventually become part of Borough's sewer system).
4.
The premises which are subject to this section shall be maintained
so that at all times the water system of such premises shall be clearly
observable in order to enable a proper inspection to be made easily
to ascertain that the water meter properly records all water being
used upon the premises.
5.
It shall be unlawful for any sewage to be discharged into Borough's
sewer system by any premises which does not utilize the Borough's
water supply, unless the water represented by said sewage shall be
measured by a meter as provided in this section.
6.
An inspection shall be made no less often than annually by Borough
of the water system of the premises subject to this section to be
sure that all water being consumed upon the premises is being metered.
7.
Any owner of any premises subject to this section which has consumed water upon the premises not measured by such meter, which water is discharged into the sewage system of Borough shall pay for such sewage service 300% of the normal rates provided in § 18-203. Should any inspection by Borough show that water has been consumed upon premises and discharged into Borough's sewer system but not metered under the provisions of this section, then Borough shall estimate charges for sewer consumption under this subsection, which shall be paid by the owner of the premises.
8.
Should any premises which are the subject of this section discharge
into Borough's sewer system water which has not been metered pursuant
to the provisions of this section so as to violate this section more
than once, then Borough may sever the connection of that premises
to Borough's sewer system and forever refuse service to that premises.
[Ord. 208, 2/28/1969, § 4; as amended by Ord. 99007,
11/8/1999, § 4]
1.
The quarterly sewer rentals shall be payable on or before the fifteenth
day of the month next succeeding the month in which bills are delivered,
if the full amount of the bill shall not be paid on or before that
day, a penalty of 10% of the face amount of the bill shall be added
thereto. Failure of any owner to pay his bill for sewer services,
together with the penalty thereon, within one month after the same
shall become due, shall be cause for termination of water service.
Bills under this Part may be combined with bills under Ord. 146 as
to water consumption and should be so combined whenever reasonably
possible. Each owner shall be solely responsible for all maintenance,
repairs and replacements of the building sewer and service line. Additionally,
each owner shall be solely responsible for removing all clogs and
other constrictions on the passing of sewage, to the point of the
sewer main. The Borough shall only be responsible to repair breakage
or damaged pipes outside the building sewer and service line.
2.
Tapping fees imposed by Borough shall be due and payable by the owner no later than 45 days after owner is given notice to connect by Borough or at the time when owner applies to Borough for the permit provided for in § 18-202, hereof, whichever is earlier.
3.
Every owner shall keep Borough advised of his correct address. Failure
of any owner to receive his quarterly bills shall not be considered
an excuse for nonpayment nor shall failure result in an extension
of the time during which the net bill is payable.
4.
Sewer rentals and charges imposed by this Part shall be a lien on
property served by sewer system, and any such sewer rentals and charges
shall be filed as a lien in the office of the Prothonotary of Lancaster
County and may be collected by Borough in the manner provided for
municipal claims or by an action in assumpsit against owner, or both.
[Ord. 208, 2/28/1969, § 5]
1.
If any person shall fail for 30 days after written notice from Borough
to remedy any unsatisfactory condition with respect to a building
sewer, Borough may refuse to permit such person to use sewer system
until such unsatisfactory condition shall have been remedied to the
satisfaction of Borough.
2.
Borough reserves the right to refuse any person the use of sewer
system or to compel the pretreatment of industrial wastes in order
to prevent discharges into sewer system of harmful wastes.
3.
Borough reserves the right to and may, from time to time, adopt,
revise, amend and readopt such rules and regulations as it deems necessary
and proper for the use and operation of sewer system.
[Ord. 208, 2/28/1969, § 6]
1.
It shall be unlawful for owner of any property within the Borough
to discharge into sewer system or to permit the discharge into sewer
system, any roof, surface, or ground water, or to construct or install,
or permit to be constructed or installed any connection for the discharge
of such waters into sewer systems. Whenever any roof, surface or ground
water shall be discharged into sewer system, owner of, or user of
water in, the property from which such discharge occurs shall, within
60 days after receipt of written notice from Borough, cease such discharge,
or cause such discharge to cease, and shall provide for the drainage
of such water into the storm sewers or other available facilities.
2.
Borough shall have the right of access at all reasonable times to
any part, of any property serviced by sewer system as shall be required
nor purposes of inspection, measurement, sampling and testing, and
for the other functions relating to service rendered by Borough to
its sewer system.
3.
Whenever a property is vacated, owner shall give notice to Permit
Officer of Borough of such fact, and until such notice is given owner
shall be responsible for sewage charges. When a vacancy is properly
reported, an allowance for the period of vacancy shall be made, if
it is shown to the satisfaction of Borough that the water system is
properly secured against use. In addition, each property owner shall
give to Permit Officer written notice of any change of ownership of
any improved property.
[Ord. No. 00100, 4/20/2020[1]]
1.
Each owner
shall be responsible for the repair and maintenance of the service
line/house connection of the sewer facilities on the owner's property
and for the maintenance and repair of any sanitary sewer facilities
inside any structure on the owner's property.
3.
The Borough
shall also have the right (in order to protect the integrity of the
sewage system) to disconnect water service, for purposes of stopping
sewer services to each property, by following the procedures established
by law.
4.
In the
event the property owner fails to promptly make such repairs and maintain
the aforesaid, and upon 15 days' notice to the property owner (no
notice is necessary in case of an emergency) the Borough, at its sole
discretion (and it shall have no duty) may enter upon the property
of the owner for purposes of providing maintenance or repair and the
cost thereof shall be recovered by the Borough, including but not
limited to, all expenses of the Borough personnel, legal fees, Borough
engineer fees, contractor expenses, etc. In said event, such may be
collected in a suit in assumpsit (in which case all costs, legal fees,
and expenses may also be collected) and/or by a lien against the property
and shall also be considered delinquent charges, subject to the other
provisions of this chapter.
[Ord. 208, 2/28/1969, § 7; as amended by Ord. 00037,
10/8/2007]
Should any owner of property within Borough violate this Part
or any of the provisions thereof; he shall, upon conviction thereof
before any magisterial district judge, forfeit or pay to the use of
the Borough a sum not exceeding $300 together with costs of prosecution
for each 90 days or fraction thereof such violation shall persist,
which sum shall be collected as prescribed in the Borough Code, the
sum herein forfeited shall be considered a penalty.
