Borough of Homestead, PA Part 5 Sewer Rents and Charges

[Adopted 2-10-1994 by Ord. No. 1056 (Ch. 212, Art. VII, of the 1999 Code)]

§ 18-501 Sewer rates imposed.

[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,[1] 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)]

[1] Editor's Note: See 53 P.S. § 2231.

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.

§ 18-502 Reduction in rates.

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.

§ 18-503 Billing, payments, penalty and interest.

[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.

§ 18-504 Lien.

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.

§ 18-505 Shutoffs for failure to pay.

[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.

§ 18-506 Violations and penalties.

[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.

§ 18-507 Recovery of debts and collection costs.

[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.