[Adopted as Art. 925 of the 1965 Codified
Ordinances]
[Amended 11-9-1994 by Ord. No. 3334]
There is created a Sewer Board of Administration,
composed of the Mayor, or his designee, and any other City employees
the Mayor shall appoint, and who shall serve at the pleasure of the
Mayor, whose duties shall be to decide all matters and things in connection
with carrying out the intent of this article. The Mayor shall be the
Chairman of the Board, and appropriate records shall be kept. Meetings
will be held at the call of the Chairman, and all decisions rendered
by the Board may be appealed to Council, whose decision shall be final.
[Amended 4-12-2000 by Ord. No. 3789]
A.
New and continued service.
(1)
Sewer service shall be provided to existing improved
properties or new and improved properties by the City, except as set
forth hereinafter. All property owners or, in the case of change of
ownership, all prospective property owners shall abide by ordinances,
rules and regulations of the Sewer Board of Administration, which
regulates and controls the sewer service to such premises. All sewer
service accounts shall be issued in the name of all owners, who shall
remain the account holder(s) responsible for all charges until the
account is properly and legally terminated, upon notice of transfer
or request for termination of services, as may be permitted by law.
(2)
At least seven days prior to the change of ownership
of any property with existing sewer service, the existing owner shall
notify the Board of the date of the impending transfer, the identity
of the prospective owner and, if applicable, shall provide a list
of all current tenants of the property.
(3)
Providing that the existing owner shall give notice
as required herein to the City, and payment in full of the existing
account, the account of the existing owner shall terminate upon transfer
of title. Thereafter, the new owner shall be responsible for all charges
for sewer services.
(4)
Any person who undertakes ownership of a property with existing sewer service shall be subject to termination of service and/or the penalties set forth in § 475-23 and shall be liable for costs of all sewer service to the property including any outstanding delinquency, penalties and costs.
(5)
In addition to any other provisions of this article
and any other rule or regulation which may be adopted by the City,
no sewer service shall be continued, authorized or approved to a property
owner or prospective property owner who is delinquent or has been
delinquent in the payment for sewer services to any property served
by the City within the last two years from the date of the notice
to the Board for the transfer of title from the current owner of the
property to the prospective purchaser, except upon a submission of
a list of all current tenants of the property, if applicable, and
upon payment to the City Treasurer of all outstanding accounts and
a deposit to secure payment of future service in an amount equal to
the average cost of sewer service to the property for 12 months. The
average sewer rental shall be based upon the actual sewer rental imposed
during the previous 12 months, or in the event of a new or changed
use, the average shall be based upon the standard sewer rental for
such proposed use. The deposit shall be held by the City Treasurer
in escrow; any interest earned will be credited to the account holder.
The deposit account and any accumulated interest shall be paid to
the account holder at the time the account is properly and lawfully
terminated and all charges to said account have been paid in full,
except that the deposit and/or interest may be paid to the account
holder prior thereto, if approved by the City Treasurer, at the sole
discretion of the City Treasurer.
(6)
Nothing contained in this article shall limit the
City from pursing any legal or other remedy.
A.
An account for the payment of all charges shall be
established in the name of the property owner (referred to herein
as "account holder"). The account holder shall be responsible for
payment of all charges for sewer rental for said account until the
account is properly and lawfully terminated, upon notice of transfer
or request for termination as may be permitted under the law.
[Amended 4-12-2000 by Ord. No. 3789]
B.
The sewer rental shall be a charge based upon the water consumption of the properties served by the sanitary sewer system and sewage treatment works. The schedule of rates is included in Chapter 285, Fees.
[Amended 12-27-2005 by Ord. No. 4744; 2-11-2009 by Ord. No. 5181]
C.
For all domestic, commercial and industrial consumers
using City water at meter rates, the sewer rental shall be 200% of
the entire monthly or quarterly water charge.
D.
Properties located outside the limits of the City
using City water and served by the sewage system and sewage treatment
works of the City shall, in addition to the rates established by this
article, pay an amount equal to 25% of each monthly or quarterly sewage
bill. Property situated in the Borough of Wilson and metered for sewage
under an agreement existing between the City of Easton and the Borough
of Wilson are excepted. Properties situated outside of the Borough
of Wilson, but using the facilities of the sewage system of Wilson
Borough and metered under the agreement existing between the Borough
of Wilson and the City of Easton, shall, in addition to the payments
made to the Borough of Wilson, pay an amount to the City of Easton
equal to 25% of each quarterly or monthly bill.
[Amended 11-9-1994 by Ord. No. 3334]
[Amended 12-30-1989 by Ord. No. 3076]
Where an industrial or commercial consumer discharges
into the sewers of the City a type of sewage with low solid content
or chemical impurity, which for this or any other reason requires
a lesser than ordinary degree of treatment, the Sewer Board of Administration
shall have the power to adjust the two-hundred-percent rate downwards
as may be justifiable but not below a minimum rate of 33%. Where an
industrial or commercial consumer discharges into the sewers of the
City a type of sewage with high solid content or chemical impurity,
which for this or any other reason requires a greater than ordinary
degree of treatment, the Sewer Board shall have the option to:
[Amended 12-30-1947 by Ord. No. 1243]
For a consumer who uses water, all or part of
which is from sources other than the City's water supply system, there
shall be a sewer rental, separate from and in addition to any sewer
rental based on the consumption of water from the City's water supply
system. The sewer rental shall be computed as though all the water
used had been obtained from the City's water supply system. The consumer
shall install, without cost to the City, meters to measure the quantity
of water received from other than the City's water supply system and
discharged into the City's sewers. No meter shall be installed or
be used for such purpose without the approval of the Superintendent
of the Bureau of Water. If the consumer fails to install an approved
meter, the Superintendent of the Bureau of Water, when requested by
the City Treasurer, shall make and furnish to the City Treasurer an
estimate of the amount of water from sources other than the City's
water supply system which is discharged into the City's sewers from
the property.
[1]
Editor's Note: Former § 475-6, Water not discharged into
City’s sewers, as amended, was repealed 9-25-2013 by Ord. No.
5431. Original Section 925.07, Discharge of clear water into sewers,
as amended, which previously followed this section, was repealed 9-10-2008
by Ord. No. 5117.
[Amended 12-30-1947 by Ord. No. 1243]
All meters or other measuring devices installed
or required to be used under the provisions of this article shall
be under the control of the Superintendent of the Bureau of Water.
The consumer for whom such measuring device is installed shall be
responsible for its maintenance and safekeeping, and all repairs thereto
shall be made at the consumer's cost, whether such repairs are made
necessary by ordinary wear and tear or other causes. Bills for such
repairs, if made by the City, shall be due and payable at the same
time, be collected in the same manner and be subject to the same penalties
as are the bills for repairs of water meters.
[Amended 12-30-1947 by Ord. No. 1243]
All sewer rentals shall be due and payable at
the same time that water rentals are now due and payable. They shall
be included in the same bills and shall be collected at the same times
and in the same manner and be subject to the same penalties as the
charge for water. Such payments shall apply to all properties subject
to the payment of sewer rents without regard to the source of the
water used by them.
[Amended 12-30-1947 by Ord. No. 1243]
Whenever sewer service to any property begins
after the first day or terminates before the last day of any year,
the sewer rental for such property for such year shall be for that
portion of the year during which the property is served.
[Amended 12-30-1947 by Ord. No. 1243]
The City Treasurer is charged with the duty
of collecting all sewer rents.
A.
It shall be the duty of the City Solicitor, when requested
by the City Treasurer, to proceed for the collection of delinquent
sewer rentals, together with all penalties, interest and costs accrued
thereon, and to enter liens and take such other action as may be authorized
by law or ordinance. All sewer rents shall become delinquent at the
same time and in the same manner as water service bills.
[Amended 12-30-1947 by Ord. No. 1243]
B.
All bills to owners for sewer service and/or special
service as hereinafter provided which are considered delinquent shall
be subject to interest and collection fees. All bills to owners are
payable immediately upon the receipt of the bill. If not paid within
30 days after the date of the bill, a penalty equivalent to 10% of
the face amount of the bill shall attach and, in the event of continued
nonpayment, the City of Easton shall discontinue the service. To such
delinquent usage amount due shall be added interest at the rate of
10% per annum and an additional fee of $50. In addition, a delinquent
account shall be subject to collection fees consisting of reasonable
attorney's fees and other costs incurred by the City. An account shall
be considered delinquent when payment in full on the account balance
has not been received within 30 days of the date of the initial bill.
Prior to the reinstatement of any services, all delinquent amounts,
including amounts for water, sewer and refuse, must be paid in full.
[Amended 4-12-2000 by Ord. No. 3789; 7-10-2007 by Ord. No.
4982]
C.
Service to persons or premises for which the account
is delinquent shall be subject to suspension or termination, without
notice, upon direction of the Director of Public Works and the City
Treasurer. Prior to reinstatement of sewer service, in addition to
the cost for reinstatement of services, a deposit to secure the payment
for sewer service in the amount equal to the average cost of sewer
collection service to the property for 12 months shall be paid to
the City. The average cost of sewer service shall be based upon the
actual cost during the previous 12 months, or in the event of a new
or changed use, the average cost shall be based on the standard average
cost of service for such proposed use. The deposit shall be held by
the City Treasurer in escrow, any interest earned to be credited to
the account holder. The deposit account and any accumulated interest
shall be paid to the account holder at the time the account is properly
and lawfully terminated and all charges to said account have been
paid in full, except that the deposit and/or interest may be paid
to the account holder prior thereto if approved by the City Treasurer,
at the sole discretion of the City Treasurer.
[Amended 10-27-2004 by Ord. No. 4589]
[Amended 12-30-1947 by Ord. No. 1243]
No sewer rental is imposed on properties within
the City not receiving sewer service from the City's facilities.
