[HISTORY: Adopted by the Borough Council of the Borough of Ridley Park as Ch. 59, Art. I, of the 1968 Code. Amendments noted where applicable.]
For the year beginning January 1, 1951, and each year thereafter, there is hereby imposed an annual rental or charge upon the owners of all properties in the Borough of Ridley Park served or to be served for the use of the sewers and sewer system and a sewage treatment plant and for the use of extensions thereof which are in the course of construction or to be constructed.
The total amount of annual sewer rental or charge shall be a sum sufficient to pay the following:
The amount expended annually in the operation, maintenance, repair, alteration, inspection, depreciation or other expense in relation to such sewers, sewer system, pumping station or sewage treatment works.
Such annual amount as may be necessary to provide for the amortization of the indebtedness incurred or of the nondebt revenue bonds or other bonds issued by the Borough in the construction or acquisition of such sewer, sewage system or sewage treatment works and interest thereon, in order that said improvement may become self-liquidating, or as may be sufficient to pay the amount agreed to be paid annually under the terms of any contract with any authority or municipality furnishing sewage disposal or treatment services to the Borough.
An amount sufficient to establish a margin of safety of 10%.
[Last amended 12-21-2017 by Ord. No. 2017-3]
Each house, apartment unity, condominium or dwelling unit $392 annually.
All other users:
Each other user shall pay an annual sewer rental rate for sanitary sewage service based on the quantity of water used, as evidenced by meter readings of water meters installed and maintained by Philadelphia Suburban Water Company for the purpose of measuring water purchased from Philadelphia Suburban Water Company.
The annual sewer rental billings shall be for the period from January 1 to December 31 of each year and shall be based on quantity of water data supplied by Philadelphia Suburban Water Company for the period from October 1 to September 30 of the preceding year.
Each nonresidential user shall pay a minimum annual sewer rental of $392 representing on EDU or any fraction thereof. Users having more than one EDU shall pay $392 for each additional EDU, and a pro rata portion of $392 for any part thereof.
An EDU shall be defined to mean an equivalent dwelling unit. One EDU shall be equal to 70,000 gallons of water per year.
Where a property has both residential and nonresidential uses, the use that predominates shall control and the sewer rental rate shall be determined accordingly. Where the nonresidential use predominates, the sewer rental rate for all uses located on the property shall be as determined in accordance with § 172-3B. Where the residential use predominates, each house, apartment unit, condominium and dwelling unit and each nonresidential use shall be considered a separate unit, and each unit shall be required to pay an annual sewer rental of $392.
The sewer rental for each dwelling unit connected directly or indirectly to the Borough sewer system shall be at the rate of one unit per year. Buildings containing more than one dwelling unit shall be charged for each of such dwelling units, and the total of such charges for the building shall be the aggregate of the number of dwelling units therein at the rate of one unit per dwelling unit.
In cases of use and occupancy of buildings or parts of buildings for purposes other than dwellings, the number of units shall be computed by the Council so that such establishments shall pay a sewer rental substantially proportionate to the rental charged for dwelling units. The minimum annual charge for sewer rental shall be not less than the rate for one unit for each establishment. In all cases where connection to the sewer system is made after January 1 of the current or any other year, the rental or charge shall be apportionable into quarters, and the property owner shall pay for the current and for all succeeding quarters.
In all cases in which the above rates are not exactly applicable, the Borough Council shall fix applicable rates with the same force and effect as if set forth herein.
The Borough Tax Collector is hereby designated as the collector of sewer rentals for the Borough of Ridley Park. On or before June 1 of each year, the Council shall execute a warrant authorizing the Tax Collector to collect the sewer rental and shall certify to the Tax Collector the number of sewer rental units and amount of sewer rental to be collected from the owner of each property connected to the Borough sewer system. The Tax Collector shall give notice of such sewer rental charges to respective property owners on the regular Borough tax bill.
All payments of sewer rental shall be subject to the same discount and penalty as applicable to the Borough tax for the ensuing year. The Tax Collector shall make a monthly report on or before the 10th of each month to the Council of all amounts collected by him and shall remit all such collections from the preceding month to the Borough Treasurer with said report. The compensation of the Tax Collector and the Collector's bond for the collection of the sewer rental charges shall be fixed by ordinance annually.
[Amended 12-28-1978 by Ord. No. 962]
The Tax Collector shall prepare a list of all unpaid sewer rentals as of December 31 of the year in which said sewer rentals were assessed and imposed. Said list of delinquent sewer rentals shall be delivered to the Borough Secretary on or before the first Monday of February of the succeeding year.
The Borough Secretary, under the direction and supervision of the Solicitor, shall send notice letters, certified mail, return receipt requested, to said delinquent sewer rental units, demanding payment of the sewer rental due, together with interest as allowed by law. Said notice of delinquency shall require full payment within 30 days of the date of mailing.
If payment is not received in full within the time limit set by the notice of delinquency, the Borough Secretary shall prepare a nontraffic citation, charging the delinquent sewer rental unit with violation of this chapter. Said citation shall be signed by the Chief of Police and filed with the District Justice of the Peace for District Court 32-2-11. Ridley Park, Pennsylvania. The use of a criminal complaint as an enforcement mechanism is permitted, and the Tax Collector is hereby authorized to execute a complaint.
[Amended 12-11-1984 by Ord. No. 995]
The penalty for failure to pay a delinquent sewer rental with interest within the time limit contained in the Secretary's delinquent notice shall be a fine of $10, plus court costs, plus mailing costs of $2.50.
[Amended 12-11-1984 by Ord. No. 995]
[Added 12-11-1984 by Ord. No. 995; amended 10-21-2003 by Ord. No. 1131]
In addition to any other penalty provided hereinbefore, any person who shall violate any provisions of this chapter, including the failure to pay the sewer tax as required in this chapter, shall, upon conviction before any District Justice, be punished by a fine of not more than $600 or, in default thereof, by imprisonment for not more than 30 days. Each day's failure to comply with the provisions of this chapter as aforesaid shall constitute a separate violation.