[Adopted 2-19-1973 by Ord. No. 431]
The Secretary of the Borough of Baldwin is by these presents
authorized and directed to forward to any water utility situate within
or without the Borough of Baldwin notice of nonpayment of any rental,
rate or charge for sewer, sewerage or treatment service by the owner
or occupant of premises by such utility wherein payment of said rental,
rate or charge for sewer, sewerage or sewage treatment service shall
be delinquent for a period of 180 days or more. In addition thereto,
said Secretary of the Borough shall cause to be forwarded to the owner
or occupant of said premises notice of the nonpayment of said rental,
rate or charge for sewer, sewerage or sewage treatment service and
that, unless the same shall be paid, the water utility serving said
owner or occupant of said premises shall be directed to shut off the
supply of water to such premises. In the event that the delinquent
rental, rate or charge for sewer, sewerage or sewage treatment service
shall not be paid within 10 days of the date of notice, then the said
Secretary shall notify the water utility serving the said owner or
occupant of the premises to shut off the supply of water to such premises.
In addition to the written notice by mail required hereinbefore, the
Secretary of the Borough shall cause to be posted at the main entrance
to the premises of such owner or occupant written notice of the intention
of the Borough that the water supply shall be shut off by the water
utility serving the said premises.
The Secretary of the Borough is hereby authorized and directed
to pay to the water utility serving said premises the costs of such
shutoff service and the estimated loss of water revenues resulting
from said shutoff; provided, however, that if a dispute shall arise
between the said water utility regarding the costs of such service
or the amount of such revenues lost or regarding the provisions of
any agreements with the said water utility, then the Secretary shall
not execute any such agreement but shall refer the matter to Council
for its determination. In determining the reasonable costs of such
shutoff service and estimated loss of revenues, the Secretary shall
review the use of water revenues and billing of the same for a period
of one year prior to such request for shutoff. The owner or occupant
of the premises thus affected may obtain the restoration of water
service by paying to the Secretary of the Borough all delinquent rentals,
rates or charges for sewer, sewerage or sewage treatment service owing
by the owner or occupant of said premises and, in addition, shall
pay all costs incurred by the Borough for such shutoff service and
estimated loss of water revenues paid to the water utility involved.
Prior to the Secretary of the Borough taking the actions referred to in §§ 134-6 and 134-7 hereof, the said Secretary shall first submit to the Council of the Borough of Baldwin at its regular monthly meeting a list of those accounts which are delinquent for a period of 180 days or more and which would be subject to action under the provisions of this article. In cases where a known hardship exists, the Council may excuse the Secretary from enforcing the provisions of this article as against the owner or occupant of the premises.
