The owners of property upon all streets and avenues in the Borough
in which sewers have been installed shall, at their own cost and expense,
connect their premises and the buildings thereon with sewers and install
toilets in the building on the premises.
All toilets in the Borough shall be connected with the sewer
system of the Borough, and all outside privies are prohibited.
All sewer connections and toilet installations is this Borough
shall be made under the supervision of the Plumbing Subcode Official,
and no sewer connection or toilet installation shall be made or sewer
connection repaired by anyone without first securing a permit therefor
from the Construction Official.
The Council shall cause to be served upon the owner or owners
of any and all premises on streets and avenues within the Borough
in which there are sewers, where the premises are not connected with
the sewers and where the premises have no toilet connected with the
sewers and/or where the premises, although connected with the sewers,
have no toilet connected with the sewers, a notice in writing, which
notice shall contain a description of the property affected, sufficiently
definite in terms to identify the same as well as the description
of the required connection and/or toilet installation, and shall state
that unless the connection or connections and/or toilet installations
shall be completed with 30 days after the service of the notice, that
it is the intention of the Borough to make such connection or connections
and installation or installations or cause the same to be done pursuant
to an act of the legislature of the State of New Jersey entitled "A
Supplement to an Act Entitled 'An Act Concerning Municipalities,'
approved March 27, 1917," which supplement was approved March 29,
1927. Such notice may be served upon the owner or owners resident
in this Borough in person, or by leaving the same at their usual place
of residence with a member of their family above the age of 14 years;
in case any such owner shall not reside in this Borough, such notice
may be served upon him personally or mailed to his last known post
office address, or it may be served upon the occupant of the property
or upon the agent of the owner in charge thereof; in case the owner
of any such property is unknown or service cannot, for any reason,
be made as above directed, notice thereof shall be published at least
once, not less than 30 days before the making of such connection by
the Council of this Borough, in a newspaper circulating in this Borough;
there may be inserted in the advertisement notice to the owner or
owners of several different properties. Notice to infant owners or
owners of unsound mind shall be served upon their guardians. When
lands are held in trust, service shall be made upon the trustee. When
properties are held by two or more joint tenants, tenants in common
or tenants by the entirety, service upon one of such owners shall
be sufficient, and shall be deemed and taken as notice to all. Proof
of service of such notices shall be filed within 10 days thereafter
with the officer having charge of the record of tax liens in the municipality,
but failure to file the same shall not invalidate the proceedings
if service has actually been made as herein provided.
If the owner or owners of any property in the Borough on any streets or avenues in which sewers have been laid, fail to connect his, her or their property with the sewer system of this Borough after service of a notice upon them as provided for in §
376-9, and fail to install a toilet on the premises and connect same with the sewers, within 30 days after the service of the notice upon such owner or owners, then the Borough shall cause such connection or connections, toilet installation or installations to be made under the supervision or direction of the Construction Official, or award one or more contracts for the making of the connection or connections, installation or installations.
When any such sewer connection or connections, toilet installation
or installations shall be made by the Borough, a true and accurate
account of the costs and expense thereof shall be kept and apportioned
and assessed to the property or properties thereby connected with
the sewers, and a true statement of such costs, under oath or affirmation,
shall be forthwith filed by the officer of the Borough having charge
of such connection or connections, installation or installations.
The Borough Council shall examine the same, and if it is properly
made, shall confirm the same and file or cause the report to be filed
with the officer of this Borough charged with the duty of collecting
taxes. The officer shall record the sewer connection or toilet installation
charge in the same book in which he records sidewalks or other assessments.
Every such sewer connection or toilet installation charge shall
bear interest and penalties from the same time and at the same rate
as assessments for local improvements and, from the time of confirmation,
shall be a first and paramount lien against the respective property
or properties so connected with the sewer to the same extent as assessments
for local improvements and shall be collected and enforced in the
same manner. Every officer charged with the enforcement and collection
of assessments for local improvements is hereby charged with the same
duties in regard to the collection and enforcement of all charges
for sewer connections. No such charge for sewer connections or toilet
installation shall be invalid by reason of any error or omission in
stating the name of the owner or owners of properties affected by
such sewer connections or installations, nor for any other informality
where such property or real estate has actually been improved by such
sewer connection or toilet installation, as aforesaid.
Every person, firm, association, organization or corporation violating any provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter
1, Article
II, General Penalty.