If any quarterly installment of sewer rent is
not paid within 30 days after the date of the bill, a penalty of 10%
shall be added thereto. Any unpaid sewer rent, together with penalties
thereon to the extent permitted by law, and reasonable attorneys fees
shall be a lien on the property served which may be collected by action
in assumpsit, by distress or by a lien filed in the nature of a municipal
claim, as and to the extent provided by law. In addition, the Board
may require any water utility to shut off the water supply to any
property with respect to which the sewer rent imposed hereby is unpaid
until all such rents, together with penalties as aforesaid, are paid.
The written notice of violation shall include
the following information:
A. Identity of the real estate and description of the
building, structure or portion of premises in violation, its location
and its owners.
B. A statement of the specific conditions which cause
the property building or structure to be in violation of the chapter
and references to the sections of the chapter, which are being violated.
C. A general statement of the repairs or remedial action
required to bring the property, building or structure into compliance.
D. An order directing and requiring the owner or other
responsible person to disconnect all private infiltration or inflow
waters from the sanitary sewer system or take other action as required
to correct the violation. The order may state a deadline for compliance,
but such deadline shall, in no event, be more than six months after
issuance of the order.
E. A notice that penalties may be imposed due to a violation
of this chapter or failure to correct the violation.
F. Persons to contact concerning remedial action or other
concerns.
Notices and orders shall be deemed properly
served if a copy thereof is delivered to the owners and persons responsible
personally; or sent by certified or registered mail addressed to the
owners and persons responsible at the last known address with return
receipt requested. If the certified or registered notice is returned
showing that the notice was not delivered, a copy thereof shall be
posted in a conspicuous place in or about the property or structure
affected by such notice, and mailed by regular mail. A record of the
means of serving the notice should be maintained by the authorized
agent.
If any person or persons shall maintain a structure,
equipment or premises in violation of this chapter, fail to comply
with notices and orders lawfully issued under this chapter, or in
any other manner violate the provisions of this chapter, they shall
be subject to the following penalties:
A. Nonindustrial waste. Any discharge into the collection system in violation of the provisions of §
152-25, nonindustrial waste, hereof shall be deemed a violation of this article and shall be punishable by a fine not to exceed $600 plus costs of prosecution for each day upon which such discharge takes place or, in default of payment thereof, by imprisonment not to exceed 30 days.
B. Industrial or commercial waste. Any discharge into the collection system in violation of the provisions of §
152-27, industrial or commercial waste, hereof shall be deemed a violation of this article and shall be punishable by a fine not to exceed $25,000 plus costs of prosecution for each day upon which such discharge takes place or, in default of payment thereof, by imprisonment not to exceed 30 days.
If any person or persons shall maintain a structure,
equipment or premises in violation of this chapter, fail to comply
with notices and orders lawfully issued under this chapter, or in
any other manner violate the provisions of this chapter, they shall
be subject to the following remedial action by the Board:
A. Board remedial actions. If the owners or responsible
persons fail to comply with any notice or order issued by the authorized
agent or Board, after hearing, or to correct or remedy any violation
of this chapter as required by the notice and order within the time
provided, the Board may cause such condition to be repaired and remedied,
as the circumstances may warrant, and collect the costs of such remedial
action together with attorneys fees and other costs and a penalty
of 10% from the owners or responsible persons. The Township may collect
these costs and charges by a suit at law against the owners and responsible
persons or may file a municipal lien against the lands on which the
subject premises or structure were located or both.
B. Other remedies. In the event that, after notice and
opportunity to correct the unlawful condition, violations continue
unabated without any remedial action, or are determined to constitute
a public nuisance, or in the event it is determined that the condition
creates an immediate and substantial danger to the public, the Board
may institute an action in equity or at law to abate the nuisance,
to obtain an order compelling compliance with the chapter and to obtain
such other relief as is appropriate, including but not limited to
an order:
(1) To restrain, correct or remove the violation or refrain
from any further work.
(2) To require the removal of work in violation and to
require that remedial work be performed to correct the violation;
or
(3) To prevent the occupancy of the structure that is
not in compliance with the provisions of this chapter, and to allow
disconnection of sewer service until the conditions are corrected.
(4) To recover costs incurred in conjunction with actions
taken by the Board to secure compliance with the requirements of this
chapter including recovery of costs of remedial action and attorney
fees.
C. Collection of expenses and penalties. The Board may
take any appropriate action to recover any penalties or costs imposed,
including instituting suit for collections, executing on the judgment
or filing of a municipal claim and lien for any amounts due. This
remedy shall include requesting any water utility providing water
to the subject premises to shut off water to such premises, until
such charges, costs and penalties have been paid.
D. Remedies not exclusive. The remedies provided herein
for the enforcement of this chapter, or any remedy provided by law,
shall not be deemed mutually exclusive; rather, they may be employed
simultaneously or consecutively, at the options of the Board.
Any person who violates any provisions of this
article shall, upon conviction thereof by summary or criminal proceedings,
be sentenced to pay a fine of not more than $600 plus costs and, in
default of said fine and costs, to undergo imprisonment for a period
of not in excess of 30 days. After notice of a violation, each day
that the violation continues shall be considered a separate violation.
In addition to any other remedies provided in
this article, any violation of this article may be deemed to constitute
a nuisance and may be abated by the Board by seeking either appropriate
equitable or legal relief from a court of competent jurisdiction.