[Amended 1-12-1995 by Ord. No. 1068; 4-9-1998 by Ord. No.
1089; 2-6-2001 by Ord. No. 1117]
1. For purposes
of this Part:
ALL OTHER PROPERTY
Property other than single-family residential property or
multifamily residential property.
DWELLING UNIT
Any building or portion thereof constituting a separate independent
housekeeping establishment for one family, containing independent
cooking, sanitary and sleeping facilities. It shall not be deemed
to include hotels, motels, boardinghouses, nursing homes, institutional
facilities, personal care homes, group homes and residence clubs.
FAMILY
A.
One person occupying a dwelling unit; or
B.
More than one person related by blood, adoption
or marriage occupying a dwelling unit and living as and cooking together
as a single housekeeping unit; or
C.
A group of not more than three persons occupying
a dwelling unit and living and cooking together as a single housekeeping
unit.
D.
"Family" does not include a group occupying
a boardinghouse, personal care home, nursing home, club, fraternity,
hotel or motel.
MULTIFAMILY RESIDENTIAL PROPERTY
Property used or intended for use primarily as a residence
or residences by more than one family, regardless of the number of
dwelling units located on the property.
SINGLE-FAMILY RESIDENTIAL PROPERTY
Property on which is located no more than one dwelling unit
and which is used or intended for use primarily as a residence by
one family.
2. Pursuant to the
Act of July 18, 1935, P.L. 1286, as amended, and the several other Acts of Assembly made
and provided, there is hereby imposed a sewer rental, rate, charge
or fee per calendar quarter, hereinafter called "sewage fee," for
the use of the Borough sewers and sewer system and for the disposal
and treatment of sewage discharge therein, at the rate set forth in
the Schedule of Sewage Fees set by ordinance of the Borough Council,
to be payable by the owners, or the users of water in or on, the property
served by any of the sewers of the Borough of Homestead. The sewage
fees imposed by this Part shall be payable on a monthly basis. In
addition to the billing for sewage usage, each owner of, or the user
of water in or on, the property served by any of the sewers of the
Borough of Homestead shall pay and be billed an administrative charge
per calendar month as set by the Borough Council.
[Amended at time of adoption of Code (see AO)]
3. The Schedule
of Sewage Fees shall be set by ordinance and may be amended by ordinance
from time to time. Said Schedule of Fees is on file in the Borough
offices.
[Amended at time of adoption of Code (see AO)]
4. The sewage fee
established in this Part for sewage usage and service/administration
charges shall commence with the billing for the month of January 2001.
Such charges and rates for water usage occurring prior to the first
quarter of the 1998 calendar year shall be billed at the rates previously
in effect.
If any substantial portion of the water used
regularly on any lot or parcel of land does not enter the Borough's
sewer system, the owner or occupant of such lot or parcel may secure
a reduction in the amount of the sewage fees to be paid by him, subject
to such regulations as may be prescribed by the Allegheny County Sanitary
Authority, Allegheny County Health Department and/or Pennsylvania
Department of Environmental Protection, or their successors, and further
subject to a separate meter or other measuring device being installed
by the water user and approved by the Allegheny County Sanitary Authority,
Allegheny County Health Department and/or Pennsylvania Department
of Environmental Protection, or their successors, for measuring the
water so used, in which event the quantity of water so used shall
thereafter be excluded in computing the sewage fees to be paid by
the owner or occupant of such lot or parcel.
[Amended 6-8-2000 by Ord. No. 1107]
1. Owners and occupants
of property shall be jointly and severally liable for the payment
of sewage fees established by this Part.
2. Sewage fees shall
be billed to and paid by owners and occupants of property in accordance
with this section.
3. Owners and occupants
of property may agree as between themselves who is to be initially
responsible to pay the sewage fee established by this Part.
4. The occupant of the property
is hereby deemed to be the agent for the owner for purposes of receipt
of the bill for sewage fees. Receipt of the bill for sewage fees by
the occupant is hereby deemed to be receipt by the owner.
[Amended 3-8-2007 by Ord.
No. 1193]
5. The bill shall be delivered to
the occupant at the address of the property.
[Amended 3-8-2007 by Ord.
No. 1193]
A. Unless the owner makes arrangements
with the Borough or the Borough's agent for billing for sewage fees
to receive the bill for sewage fees, or a copy thereof, directly,
the Borough or its agent shall not deliver the bill for sewage fees,
or a copy thereof, directly to the owner.
B. The occupant shall deliver a
copy of the bill to the owner. The occupant's failure to deliver the
bill to the owner shall not relieve the owner of liability for the
sewage fees.
6. If the owner of the property
desires to receive the bill for sewage fees, or a copy thereof, directly,
the owner shall so notify the Borough Manager and the Borough's agent
for billing for sewage fees in writing. The owner shall also complete
any forms required by the Borough and/or the Borough's agent for billing
for sewage fees.
[Amended 3-8-2007 by Ord.
No. 1193]
A. The owner shall deliver a copy
of the bill to the occupant. The owner's failure to deliver the bill
to the occupant shall not relieve the occupant of liability for the
sewage fees.
7. The owner of
the property shall provide the Borough Secretary the names, addresses
and telephone of all occupants of the property within 30 days of the
earlier of the effective date of this section or the occupant's entering
the property.
8. The sewage fee
bill is due and payable within 30 days of the date of mailing or other
delivery.
9. If the sewage
fee bill is not pay within 30 days of the date of mailing or other
delivery, then a penalty of 10%, and the unpaid amount shall be subject
to interest at the rate of 12%.
10. Payments on
account of sewage bills shall be applied first to arrearages, if any,
then to outstanding interest charges, if any, then to outstanding
penalty charges, if any, and then to the current bill.
The sewage charges imposed hereby shall be a
lien on the properties served, and such liens may be filed in the
Office of the Prothonotary and collected in the manner provided by
law for the filing and collection of municipal claims.
[Amended 6-8-2000 by Ord. No. 1107; at
time of adoption of Code (see AO)]
If the sewage fee bill is not paid in full within time established by § 18-503.8, then the water at any premises within the Borough of Homestead owned by any person responsible to pay the sewage fee bill under §
18-503 may be shut off until all overdue sewage fees, together with penalties, interest and any other charges imposed under this part, shall be paid. Shutoff must be preceded by 10 days' written notice.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation
of this Part shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this Part
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 Part in equity in the Court of Common Pleas of Allegheny County.
[Added 6-9-1994 by Ord. No. 1060]
1. Debts recoverable.
All fees, fines and penalties imposed by this Part shall be recoverable
by the Borough of Homestead as other debts are recoverable.
2. Collection costs
as added costs. If, for any reason, the tax or fee (whichever is applicable)
is not paid when due, in addition to any interest and penalties applicable
thereto, the person or persons liable therefor shall also be liable
for all costs of collection, including but not limited to attorney's
fees, collection fees, whether a flat fee, percentage fee or hourly
fee, administrative costs of collection and billing, and all other
fees and costs charged to or incurred by the Borough of Homestead.