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Township of Nether Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Adopted 12-21-1938 as Ord. No. 206]
[Amended 11-21-1951 by Ord. No. 295; 12-18-1969 by Ord. No. 432; 12-19-1970 by Ord. No. 438; 12-17-1971 by Ord. No. 444; 12-14-1972 by Ord. No. 450; 12-19-1974 by Ord. No. 462; 1-10-1980 by Ord. No. 497; 1-14-1982 by Ord. No. 511; 1-12-1984 by Ord. No. 526; 12-13-1990 by Res. No. 90-11; 12-10-1992 by Ord. No. 581; 12-14-1995 by Res. No. 95-16; 12-12-1996 by Ord. No. 96-18]
A. 
An annual rental or charge for the use of the sewers or sewer system of the Township upon the owners of properties served or to be served by it, whether such property is located within or without the corporate limits of the Township, is hereby established. All such owners of properties shall pay an annual rental of $214 per unit based on the following schedule of units for private dwellings, churches, and other properties.
[Amended 12-8-2005 by Res. No. 2005-10]
Schedule of Units
Type
Number of Units
Each single-family dwelling
1
Each dwelling unit of an apartment containing separate living facilities
1
Each additional family occupying a dwelling
1
Boarding schools, boarding rooms, hotels, inns
1 for each 4 persons, average per year, occupying a property over and above initial family unit (if applicable)
Churches having sewer connection
1
Parsonages
1
Day schools, public and parochial
1 for each 8 students, average per year
Industrial establishment (domestic use) does not include industrial wastes which will be rated separately depending on the particular situation
1 for each 4 employees, average per year, for domestic sewer discharge
Commercial or professional office establishments and private clubs (for domestic use only; any other use will be calculated as 1 unit for each additional 250 gallons of water per day on the average)
1 for each 4 employees and/or operating personnel, average per year
Hospitals or nursing homes
1 for every 5 patients and operating personnel
B. 
Failure to receive a bill does not exempt the property owner from payment of the penalty.
[Amended 12-8-2005 by Res. No. 2005-10]
C. 
The annual sewer rental or charge in Subsection A hereof may be changed and revised at any time and from time to time by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: Former Section 2, which dealt with ascertainment of charges and which immediately followed this section, was deleted 12-10-1992 by Ord. No. 581.
[Amended 12-17-1946 by Ord. No. 265; 12-14-1967 by Ord. No. 421; 12-19-1968 by Ord. No. 427; 12-18-1969 by Ord. No. 432; 12-13-1973 by Ord. No. 458; 9-14-1989 by Ord. No. 562; 12-10-1992 by Ord. No. 581]
Said annual rentals or charges shall be payable in advance on the first day of February of each year. If any sewer rent is not paid by May 31 of said year, a penalty of 10% shall be added thereto; and if the sewer rent plus penalty is not paid by December 31 of said year, the aggregate amount thereof shall bear interest from the penalty date at the rate of 1/2 of 1% per month or fraction thereof or at any higher rate allowed by law. Any unpaid sewer rent, together with penalties and interest thereon to the extent permitted by law, and all delinquent costs, shall be a lien on the property served, which may be collected by action in assumpsit, by distress and/or by a lien filed in the nature of a municipal claim and/or by termination of services as and to the extent provided by law. In addition, any costs and/or attorney's fees incurred by Nether Providence Township shall be added to the unpaid sewer rent along with penalties and interest as set forth above, and the aggregate of the same shall be entered as a lien on the property served.
[Amended 12-10-1992 by Ord. No. 581]
It shall be the duty of the Manager to provide all necessary books, records, bills and other form of stationery and to keep a proper record of all assessments, charges, service rates and rentals and all payments hereunder, whether collectible by the Treasurer or the Solicitor or otherwise. It shall be the duty of the Treasurer and Solicitor to notify the Manager monthly of all payments received. A report of the amounts received shall be made by the Treasurer, together with all moneys of any parties who are more than 30 days in arrears in the payment of their bills.
All moneys, including penalties, collected hereunder, shall be deposited in a special Sewer Rental Fund and shall be applied for the payment: first, of any sums which may become due under any contract which said Township may enter into with any authority now or hereafter to be created for the purpose of acquiring, holding, constructing, improving, owning, maintaining, operating or leasing any sewers, sewer systems or sewage treatment works; and secondly, for acquiring, holding, constructing, improving, owning, maintaining, operating or leasing of any sewers or sewer system of or for the Township.
[Amended 12-10-1992 by Ord. No. 581]
The Township Commissioners shall supervise the construction of any proposed extension of said system of sewers to be built at the expense of any owner of private property and may take over the same when completed, and all such extensions, when accepted and taken over, shall become part of said system of sewers and shall thereafter be subject to the provisions hereof with regard to connections, sewer rentals, etc.