The Board of Commissioners of the Township of
Penn is hereby authorized to contract with the Municipal Authority
of Westmoreland County for services relating to the design, construction,
installation, operation and maintenance of all new municipal water
facilities within the Township, except waterlines installed by developers
in new subdivisions.
The Board of Commissioners, at its sole discretion,
shall determine by resolution the manner by which the costs of construction
and installation of said waterline shall be collected from those properties
accommodated and/or benefited thereby. Said assessments shall be determined
by one of the following methods:
A. By the benefits assessment method. NOTE: A benefit
assessment is the difference between the fair market value of the
property before the installation of the waterline; and, the value
of the property after the waterline is installed. This value is determined
by a qualified real estate appraiser; or
B. By an equal assessment on all properties abutting
on the mains in proportion to the total cost of construction. The
amount of the charge on each property shall be determined by the Board
of Commissioners; or
C. Pursuant to a specific assignment of the rights and
claims of Penn Township to the Municipal Authority of Westmoreland
County for the purpose of allocating and collecting costs through
a surcharge program in the event that the Municipal Authority of Westmoreland
County serves as the source of financing for the costs of said installation.
If the taxpayers of the district whose property valuation as assessed for taxable purposes within the district amounts to 50% of the total property valuation so assessed pursuant to §
188-3B of this chapter or if the taxpayers representing 50% of the parcels within the district who are assessed in accordance with §
188-3B present a petition within three months of the adoption of a resolution or ordinance levying an assessment pursuant to §
188-3B of this chapter to the Court of Common Pleas stating that the assessment insufficiently represents the benefits accruing to abutting properties, they may include in the petition a request for the appointment of viewers to assess benefits. The court shall appoint three disinterested viewers, none of whom shall be a resident of that portion of the Township which is accommodated by the water system in question, and the viewers shall proceed under this act for the assessment of damages and benefits of viewers. Upon the filing of the petition by taxpayers for appointment of viewers, any assessment made by the Board of Commissioners and any proceedings shall be stayed pending the disposition of the petition by the court.
After the amount of the assessment charged upon the several properties has been established by resolution or ordinance in accordance with §
188-3B. or by confirmation of any report of viewers, in whole or in part, the amounts of all assessments are payable to the Township Treasurer. The Board of Commissioners shall make out bills for the amounts charged against each property, which shall be sent to all property owners whose property will be served by the water system. If the assessment is not paid within 60 days after the mailing of a bill therefor, the Board of Commissioners shall collect it by action of assumpsit or under the law for the filing and recovery of municipal claims.
[Added 8-16-2010 by Ord. No. 865]
The Municipal Authority of Westmoreland County is designated
by the Penn Township Board of Commissioners as the sole agency for
the administration and enforcement of the provisions of this chapter.
All persons violating any of the provisions
of this chapter shall be subject to a fine or penalty of not less
than $100 nor more than $500 or such other amount as shall be stipulated
therein for each offense, to be collected as fines or penalties are
recoverable by law; and whenever such persons shall have been notified
by the Township and/or the Municipal Authority of Westmoreland County
or by service of a summons in prosecution, or in any other way, that
a violation exists of this chapter, each day that the violation shall
continue shall constitute a separate offense punishable by a like
fine or penalty.