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Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
All bills for sewer user charges shall be payable to the Township within 30 days from the date such bills are mailed by the Township.
All charges payable to the Township for connection to or use of the Township sewage system and all charges for connection with and use of the Township sewers and drains shall accrue interest from the time they become due at the same rate as taxes upon real estate in the Township and shall be a lien upon the premises connected until paid, and the Township shall have the same remedies for collection thereof, with interest, costs and penalties, as it has by law for the collection of taxes upon real estate.
In the event payment of any bill for sewer user charges or any part thereof is not made when such payment shall become due, the Township shall have the right, upon due notice in accordance with law, to cause the water supply to be shut off from such house, building or other premises so supplied and to not turn on the same again until all arrears, with interest and penalties, shall be fully paid.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
The invalidity or unconstitutionality of any section, clause, sentence or provision of this article shall not affect or impair the validity of any other part of this article which can be given effect without such invalid part or parts.
A. 
Any user who contends that he or she has received an unreasonably high bill for treatment charges due to an abnormally high meter reading resulting from a water leak or defective water meter may file an appeal of said bill with the Superintendent, or his or her designee, in accordance with written procedures promulgated by the Township Manager, which shall include the filing of an affidavit in support of the appeal and payment of a filing fee of $25. If, upon review by the Superintendent, or his or her designee, said treatment charge is determined to be abnormally high based on an analysis of prior and current account activity, then and in that event the user shall receive a one-time reduction for the billing period in question to be determined in accordance with a schedule of appeal rates adopted by resolution of the Township Council on an annual basis upon its review of the recommendations of the Superintendent and the Township Manager. In the event the Township Council fails to adopt an annual schedule of appeal rates, the most recent schedule of appeal rates adopted by Council resolution shall remain in effect. The filing fee of $25 shall be refunded or credited to the user's account in the event the subject appeal results in a reduction of the user's treatment charge.
B. 
Any billing adjustments made pursuant to this section must be verified and approved by the Superintendent, or his or her designee, and by the Township Manager. The Township Manager is hereby authorized to issue administrative regulations and guidelines for the processing of any appeals hereunder, and he or she is also authorized to serve as final interpreter and arbiter of any of the provisions of this section.