[Adopted 6-17-1987 by Ord. No. 87-6]
Where used in this article, these terms shall
be defined as follows:
Any property with water frontage.
The number of residents living in a dwelling, as defined
as "family" by the Pennsylvania Department of Community and Economic
Development.
The total income of a family, as defined by the Pennsylvania
Department of Community and Economic Development, for the purposes
of eligibility for exemption from payment of access fees for projects
funded by community development block grants. Income shall generally
include but not be limited to wages, salaries, tips, interest, dividends,
social security, retirement and rents and shall be the sum of the
incomes of all of the resident family members.
A parcel of land shown as a separate lot on a recorded subdivision
plot, or a parcel of land under single ownership.
A person who lives in a habitable dwelling located upon a
benefiting property for a period of at least six months each year.
Any property which abuts upon or is adjacent to a water main,
regardless of whether the main is in a public street or in a right-of-way
easement.
[Amended 5-20-1998 by Ord. No. 98-17]
All abutting property owners on the water distribution
system for Steel City herein described shall connect to and use said
water distribution system, except as exempted by this article.
In the event that any owner of property, except
those previously excepted, abutting such water system shall neglect
or refuse to connect with said system for a period of 90 days after
notice to do so has been served upon him by the Township or any of
its agents, either by personal service or certified or registered
mail, return receipt requested, said property owner shall be deemed
to be in violation of this article and shall be subject to the penalties
and remedies hereinafter set forth.
The following property owners shall not be required
to connect to the water distribution system so long as any one of
the following exceptions is applicable to the property in question:
[Amended 5-20-1998 by Ord. No. 98-17]
Any connection to the water distribution system
shall be made in accordance with the rates, rules and regulations
of the Lower Saucon Authority.
[Amended 5-20-1998 by Ord. No. 98-17]
The Council shall, by resolution, with specific
reference to this article, establish a connection fee, from time to
time, not to exceed $1,500.[1] The connection fee shall be assessed and paid for each
and every connection in accordance with the rates, rules and regulations
of the Lower Saucon Authority. Said connection fee shall be paid in
full prior to connection to the water system at the Township Municipal
Building or such other place as the Council may determine from time
to time.
[1]
Editor's Note: The current Fee Schedule is
available at the Town Hall.
[Amended 5-20-1998 by Ord. No. 98-17]
Upon connection of a customer to the water system,
a water service charge shall be paid to the Township for water service.
Such service charge shall be paid in accordance with the rules, rates
and regulations of the Lower Saucon Authority, which may be adopted
or amended from time to time by resolution of Lower Saucon Township.
[Amended 9-18-1996 by Ord. No. 96-10]
In case of neglect or refusal by the owner of
any property to pay any bill for water service on the due date of
any bill or invoice or connect to the water system within the time
period set forth herein, in addition to any other remedies provided
by law, Lower Saucon Township Council or its designated agent may
exercise any one or more of the following remedies:
A.
Enter upon or come upon the property of the owner
and cause such connection to be made in accordance with the rates,
rules and regulations herein described and, upon completion of the
work, present an itemized bill of the cost of construction of such
connection to the owner of the property to which connection has been
made, which bill shall be payable forthwith by the owner to Lower
Saucon Township or to the use of the contractor performing said work,
and upon failure to pay said bill within 10 days from the date thereof,
the Township shall file a municipal lien against the owner for said
costs, together with interest at the maximum legal rate and all attorney's
fees and other costs allowable. All said liens may be collected in
accordance with the general laws relating to the collection of municipal
claims; or
B.
In the event of nonpayment of the water service charge,
file a municipal lien in accordance with the general laws providing
for the filing and recovery of municipal liens, bring an action in
assumpsit for failure of the property owner to pay the water service
charge or terminate water service to the premises or any combination
of the aforesaid remedies.[1]
The exercise of any remedy under § 174-13 shall not preclude the Township from the exercise of any other remedy thereunder; all remedies are cumulative.
Any owner or owners required to connect to the
water system may apply to the Township Manager for waiver of payment
of the connection fee under the conditions of the grant agreement,
provided that all of the following conditions are met by the owner(s):
A.
The owner(s) are a resident of the connected property.
B.
The total family income of the property owner(s) does
not exceed the following:
[Amended 9-16-1987 by Ord. No. 87-8]
|
Number of Family Members
|
Family Income
| |
|---|---|---|
|
1
|
$10,900
| |
|
2
|
$12,450
| |
|
3
|
$14,000
| |
|
4
|
$15,550
| |
|
5
|
$16,800
| |
|
6
|
$18,050
| |
|
7
|
$19,300
| |
|
8 or more
|
$20,550
|
C.
All other requirements of the grant agreement. The
Township Manager shall examine the application for waiver from a property
owner and shall conduct such investigation as may be necessary to
assure the Manager that the applicant meets all of the requirements
listed above. When the Manager has determined that the applicant is
eligible for the waiver of connection fee, he shall provide written
notification to the applicant, Township Council and Township Engineer
of his decision, whereupon the amount of the connection fee for the
applicant's property shall be changed to zero and the connection fee
shall be deemed to be paid.
[Added 5-20-1998 by Ord. No. 98-17;
amended 3-3-2021 by Ord. No. 2021-01]
Any person who fails to voluntarily pay within
10 days to the Township the penalty imposed for violation of this
article shall be subject to a civil enforcement proceeding. Any person
who violates or permits a violation of this article, upon being found
liable therefor in a civil enforcement proceeding, shall pay a fine
of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge and/or Court. If
the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable rules of civil
procedure. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township
are hereby authorized to seek equitable relief, including injunction,
to enforce compliance herewith.
