[Adopted 6-6-2006 by Ord. No. 3-2006]
This article shall be known as the "New Salem
Borough Sewer Fee and Rental Charge Ordinance."
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this article
shall be as follows:
The Borough of New Salem, York County, Pennsylvania.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals, and from
which structure sewage or industrial waste, or both, is or may be
discharged.
The extension of the sewage drainage system from any building
to the lateral or service connection of a sewer.
A dwelling consisting of a room, group of rooms, manufactured
housing or other enclosure occupied or intended for occupancy as separate
living quarters for a family, persons living together or persons living
alone. In nondwelling settings, an EDU shall be considered an average
of 280 gallons per day of water usage.
Any property located within the Borough and within the area
served by the sanitary sewer system constructed by the Borough upon
which there is erected a building or buildings.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property located within the area served
by the sanitary sewer system constructed by the Borough.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, public or private.
Normal water-carried household and toilet wastes, including
the wastewater, from any improved property, excluding any groundwater,
surface water or stormwater.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, treating and disposing of sewage and industrial waste.
The Borough of New Salem hereby imposes a tapping
fee in the amount of $2,000 per EDU upon the owner of each improved
property required to connect to the sewer system constructed by the
Borough. Connection fees and customer facilities fees in addition
to this tapping fee may also be set by the Borough by resolution from
time to time.
A.
Sewer rentals or charges are hereby imposed upon and shall be collected from the owner of each improved property which shall be required to be connected to the sewer system, for the use of the sewer system, whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective upon the date of connection of each improved property to the sewer system or 90 days after issuance of the notice to connect is given pursuant to Article IV, Sewer Connections, whichever is earlier.
B.
If an improved property or billing unit becomes totally
unoccupied, sewer rents and charges shall continue.
A.
Sewer rentals or charges for sanitary sewage discharged
into the sewer system from an improved property shall be on a flat-rate
basis at the initial rate of $243.75 per quarter annum for residential
units.
B.
Nonresidential units shall be billed at a rate of
$243.75 per quarter annum per assigned EDU.
A.
Sewer rentals or charges imposed by this article shall
be payable quarterly.
B.
All bills shall be rendered quarterly, in advance.
C.
Late payments.
(1)
Sewer rentals or charges shall be due immediately
after mailing or delivery by or on behalf of this Borough to the person
responsible for payment thereof. If sewer rentals or charges are paid
within 45 days of the date of the bill, the face amount of the bill
shall be payable. If sewer rentals or charges remain unpaid after
45 days from the date of the bill, the following penalties, fees and
costs shall be imposed:
(a)
A penalty of 10% will be added and thereafter
1% per month will be added during each month the bill remains unpaid.
(b)
All costs incurred in the collection of delinquent
accounts, including but not limited to those costs charged by the
office of Prothonotary or Sheriff.
(c)
Counsel fees according to the fee agreement
letter, on file with the Borough, which is incorporated herein by
reference. The notices required by Subsection 3(a.3) of the Municipal
Claims and Tax Liens Law[1] shall first be sent by the Borough to the property owner.
[1]
Editor's Note: See 53 P.S. § 7106(a.3).
(2)
Payments made or mailed and postmarked on or before
the last day of the period during which bills are payable at the face
amount thereof shall constitute payment within such period. If the
last day of such period shall fall on a legal holiday or on a Sunday,
payment made on or mailed and postmarked on the next succeeding business
day which is not a legal holiday shall constitute payment within such
period.
D.
Whenever service to any improved property shall begin
after the first day or shall terminate before the last day of any
quarterly billing period, sewer rentals or charges for such period
shall be prorated equitably, if appropriate, for that portion of the
quarterly billing period during which such improved property was served
by the sewer system; provided, however, that in making such proration,
a fraction of a month amounting to 1/2 or more of a month shall be
counted as a full month and a fraction of a month amounting to less
than 1/2 of a month shall be disregarded.
E.
Every owner of improved property which is connected
to the sewer system initially shall provide this Borough with and
thereafter shall keep this Borough advised of the owner's correct
address. Failure of any person to receive quarterly bills for sewer
rentals or charges shall not be considered an excuse for nonpayment
nor shall such failure result in an extension of the period of time
during which said bills shall be payable at the face amount thereof.
A.
Sewer rentals or charges imposed by this article shall
be a lien on the improved property connected to and served by the
sewer system; and any such sewer rentals or charges which are not
paid within six months after the beginning of each quarterly billing
period shall be filed as a lien against the improved property so connected
to and served by the sewer system, which lien shall be filed in the
office of the Prothonotary of York County, Pennsylvania, and shall
be collected in the manner provided by law for the filing and collecting
of municipal claims.
B.
If the owner or occupant of premises served by any
water utility shall neglect or fail to pay, for a period of 45 days
from the due date thereof, any rental, rate or charge for sewer, sewerage
or sewage treatment service imposed by the Borough, such water utility
is hereby authorized and required, at the request and direction of
the Borough, to shut off the supply of water to such premises until
all such overdue rentals, rates and charges, together with any penalties
and interest thereon, shall be paid.
The funds received by the Borough from the collection
of the tapping fees or connection charges or from sewer rentals and
charges and all penalties thereon as herein provided for any fines
collected by the Borough in connection with the sewer system shall
be segregated and kept separate and apart from all other funds of
the Borough and shall be used only for the purpose of defraying the
expenses of the Borough in the operation, maintenance (including insurance),
repair, alteration, inspection, depreciation or other expenses in
relation to such sewer system and for such payments as the Borough
may be required to make under any lease or agreement it may enter
into for and of, or in connection with, said sewer system.
[Amended 10-7-2008 by Ord. No. 1-2008]
Any person who shall violate the provisions
of this article shall, thereupon, be subject to a fine of not more
than $1,000. Upon judgment against any person by conviction or by
proceedings by summons or default of the fine imposed and costs, said
person may be sentenced to the York County Jail for a period not exceeding
30 days. If such person violating the provisions of this article shall
be a partnership, then the members thereof, or if such person is a
corporation or association, then the officers thereof, shall, in default
of payment of any fine levied hereunder, be imprisoned. Each day of
continued violation of any provision of this article shall constitute
a separate offense.
