[Adopted 4-1-1992 by Ord. No. 92-5]
Where used in this article, these terms shall
be defined as follows:
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 to the Applebutter
Road water distribution system, phase I, II or III, 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 proposed water distribution system so long as any
one of the following exceptions is applicable to the property in question:
Any connection to the water distribution system
shall be made in accordance with the rates, rules and regulations
as adopted and amended from time to time by resolution of the Lower
Saucon Township Council and/or the Lower Saucon Authority, if applicable.
The Council shall, by resolution, with specific
reference to this article, establish a meter installation and inspection
fee from time to time, not to exceed $225.[1] The meter installation and inspection fee shall be assessed
and paid for each and every connection in accordance with the rates,
rules and regulations. Said meter installation and inspection 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. No connection fee, tapping fee or front-foot
assessment will be charged in accordance with the regulations of the
Pennsylvania Department of Community and Economic Development at the
time the connection notices are issued.
[1]
Editor's Note: The current Fee Schedule is
available at the Town Hall.
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 rates, rules
and regulations which may be adopted or amended from time to time
by resolution of Lower Saucon Township and/or the Lower Saucon Authority,
if applicable, with the exception that no special assessment or quarterly
charge will be imposed for retirement of interest payments for funds
required to finance the construction of the proposed Applebutter Road
water system as described herein.
[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
The exercise of any remedy under § 174-24 shall not preclude the Township from the exercise of any other remedy thereunder; all remedies are cumulative.
[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.
