[Amended 7-9-2009 by Ord.
No. 2009-3; 3-8-2018 by Ord. No. 2018-01]
Notwithstanding any other provision in the ordinances regarding
garbage collection or water and sewer, the rents or fees for these
utilities will be billed by the Borough of Jim Thorpe on a monthly
basis. Each bill will be mailed by the Borough of Jim Thorpe on the
date designated by Borough Administration. Failure of the Borough
to mail the utility bill does not relieve the obligation to pay for
these services.
[Amended 3-8-2018 by Ord.
No. 2018-01; 11-19-2020 by Ord. No. 2020-09]
A. The monthly
utility bill mailed by the Borough must be paid on or before the date
designated on the bill.
B. All bills
shall be considered delinquent if not paid within 15 days from the
date of the bill. If the bill is not paid within 15 days after the
date of the bill, the bill shall be subject to a penalty of 15%.
C. The customer
has the duty to notify the Borough if he/she had not received a bill.
Any customer whose account for utility service is in arrears shall
pay the gross amount of each bill until all outstanding indebtedness
is paid, with payments being first applied to the oldest bills and
then being applied progressively to the more-recent bills.
D. Failure
to pay all charges as applicable shall be cause for termination of
utility service until payment in full is made of all outstanding charges
for utility service. Any termination of utility service shall be accomplished
by the Borough in accordance with law. If service is terminated, a
reconnection charge for each terminated service shall be paid before
the service is restored.
E. The Borough
reserves the right to allocate payment among each utility service
as it deems appropriate in its sole discretion.
F. If a bill
for utility services remains unpaid, the Borough shall have the right
to proceed with debt collection procedures, which may include, but
not be limited to, forwarding the claim to a collection agency, placing
a lien on the real property, and filing a civil suit. Furthermore,
a writ of scire facias may be issued under the Municipal Claims and
Tax Liens Act, 53 P.S. § 7101, to enforce the lien by sale
of the property. All past-due accounts are subject to all related
collection costs, including, but not limited to, reasonable interest,
reasonable attorneys' fees at rates as adopted by the Borough from
time to time, court costs and reasonable collection agency fees. If
a tenant does not pay, the property owner shall remain liable for
the payment of all utility services irrespective as to whom the bill
is rendered.
G. If a utility
account is turned over to a third-party collection agency, the bill
will be subject to additional penalties. If the third party does not
engage an attorney to collect the delinquent bill, an additional 20%
of the amount of the bill shall be added. If the collection agency
retains the use of an attorney to collect this bill, an additional
40% of the amount of the bill shall be added. This additional penalty
shall be retained by the collection agency.
Any unpaid garbage fee or sewer or water rent,
together with penalties and interest thereon to the extent permitted
by law, shall be a lien on the property serviced which may be collected
by action in assumption or by a lien filed in the nature of a municipal
lien, as provided by law. In addition, any other penalties or provisions
set forth in the ordinances regarding garbage, water and sewage shall
apply, including the right of the Borough to terminate the utility
to any property with respect to which the fee or rent imposed is unpaid
until all such fees or rents, together with interest and penalties,
is paid.