[Adopted 2-2-1949]
For the purpose of providing funds for and towards
the operation and maintenance, repair, alteration, inspection, depreciation
and other expenses, including interest and charges on any bonds or
other indebtedness incurred in connection with the sanitary sewer
system, including the sewage treatment works operated by the Borough
of Downingtown, there is hereby levied against each property owner
and against each property which is served by the sewer system or which
abuts on any part of the sewer system an annual rental or charge for
such use or service on the basis hereinafter set forth.
[Last amended 12-28-1994 by Ord. No. 94-18]
A.
A wastewater rental shall be levied against all properties
which are served by or abut on any sanitary sewer in the Borough of
Downingtown, and said rental or charges shall be payable by the owner
or owners of all said properties and shall be based on the number
of gallons of water registered on the water meter of each said property.
B.
Wastewater rates. The rates charged for all wastewater
shall be in the amount and form as established from time to time by
Borough Council by motion or resolution.
[Amended 12-18-2013 by Ord. No. 2013-13]
C.
Penalties. A penalty of 10% shall be imposed 30 days
after the billing date.
In all cases either within or without the Borough limits where the above sewer rental is not applicable to a property or properties served by the sanitary system, the Borough Council shall fix and establish a rate for the sewer rental for such property or properties and after due notice of such special rate to the property owner, said rate of rent shall be effective with the same force and effect as if set out in this Article II.
The sewer rentals or charges shall be payable
at the office of the Borough Secretary at the Municipal Building,
Downingtown, Pennsylvania, and shall be paid to the Borough Secretary
for deposit in the Borough treasury as follows:
A.
On all properties on which a flat rate is charged
for water services, the bill shall be dated April 1 of each year,
commencing with the first day of April 1949, and each year thereafter
during which this article shall remain in force.
B.
On all properties equipped with water meters, the
amount of the sewer rent shall be payable quarterly or in such other
manner as the water rent for such property is billed, and the sewer
rental shall be due as of the date of mailing or delivering or posting
the quarterly water bills.
The Borough Council shall appoint from year
to year a suitable person to collect the annual sewer rentals and
charges herein provided, and the Borough Council may require the filing
of a suitable fidelity bond by such person and may provide for compensation
for the collection of the sewer rentals.
The Secretary of the Borough Council shall prepare
a proper duplicate, or duplicates, showing the names of the owners
of properties which are served by the sewer system, and the duplicate
shall indicate the amount of the sewer rental which shall be due annually
on the property if the property is charged for water at a flat rate,
and, if the property is charged at a varying amount depending upon
the consumption of metered water, the duplicate shall so state. The
President and Secretary of the Council shall thereupon execute a proper
warrant under the corporate seal of the Borough, directed to the person
who may be designated by the Council to collect the rentals, and shall
authorize such person to collect the rentals or charges and to account
to the Borough therefor. Such person who shall collect the sewer rentals
shall have full power and authority to collect sewer rentals as may
be effective for the collection of Borough taxes.
Notices shall be mailed or otherwise delivered
to the owner or owners of each property which may be liable for the
payment of sewer rentals, and such notices of the sewer rentals shall
be mailed or otherwise delivered at the same time as water bills for
the respective property are mailed or delivered, and the amount of
the sewer rental may be included on said water bill. If the owner
or owners of a property cannot be found, the notice may be delivered
to the occupants of such property. If the owner or owners cannot be
found and if the property is unoccupied, the notices may be posted
upon the premises and shall be effective as if otherwise mailed or
delivered. All notices shall set forth the amount of rent which is
due, the date when the same is payable, to whom it is payable and
where it is payable.
All sewer rentals which are levied and assessed
under this article, if on an annual basis, shall be for the calendar
year during which the annual rental falls due and, if billed on a
quarterly basis, shall be for the quarterly or other period as may
be set forth in the notice.[1]
[1]
Editor's Note: Former § 86-21, which
immediately followed this section and dealt with the penalty for delinquent
rents and bills, was deleted 10-10-1990 by Ord. No. 90-16.
All sewer rentals which are levied and assessed under Article II shall be a lien on the properties charged with the payment thereof, and any delinquent rentals may be collected by an action of assumpsit in the name of the Borough against the owner or a reputed owner of the property charged or by distress of personal property located on the premises or by a lien filed in the nature of a municipal lien or otherwise as may be provided by law.
