[Adopted 8-23-1995 by Ord. No. 95-16]
An application will be made and submitted by the property owner
to the Chief Financial Officer of the Township of Union for the purpose
of connecting into the sanitary sewer system of the Township of Union
and receiving services therefrom. Such application shall be subject
to approval of the Township Engineer of Union Township, and all use
and services will be subject to his supervision and approval.
The application shall be submitted with the appropriate plans
and profiles as may be required by the Municipal Engineer of Union
Township and will be subject to his approval.
The Township of Union will establish a schedule of fees and
other charges related to the costs of connection, supervision and
usage which will be in addition to the sums as may now be levied through
the joint meeting of Essex and Union Counties under the existing or
amended user charge ordinances recently adopted by the Township of
Union. Appropriate bills will be submitted directly to the property
owner by the proper official of the Township of Union and will be
due and payable upon presentation thereof. In the event that such
bill shall remain open and unpaid to the Township of Union, it shall
be considered delinquent. All delinquencies shall be charged at the
rate of 1 1/2% per month until fully paid and satisfied.
The Borough of Kenilworth will not issue any building permits
with regard to properties requesting a connection into and use of
the sanitary sewer system of the Township of Union unless such applicant
submits proof of payment of any and all sewer or other charges due
and owing to the Township of Union at the time application is made
for such permit to the Construction Official of the Borough of Kenilworth.
This condition shall apply to all properties now connected to or otherwise
utilizing the sanitary sewer system of the Township of Union, as well
as all future users of such facilities.
The property owner shall forward to the Chief Financial Officer
of Union Township copies of any and all building and/or plumbing permits
issued for buildings or other structures proposed to be serviced by
the sanitary sewer facilities herein referred to in order to enable
the Township of Union to maintain proper records regarding those properties
being served.
The Township of Union may periodically notify the Tax Collector
of the Borough of Kenilworth or other municipal officer charged with
the enforcement of municipal liens of those property owners utilizing
the sanitary sewer system who have not promptly paid their charges
and are in a delinquent status, together with a statement of the amount
owed, plus interest and related charges. Upon receipt of such list
of delinquent property owners, the Tax Collector or the municipal
officer of the Borough of Kenilworth charged with enforcement of municipal
liens shall cause such charges to be certified as an open lien on
the books and records of the municipality as provided for in the manner
set forth in N.J.S.A. 40:14B-42. In addition to the foregoing, the
Tax Collector or other municipal officer charged with the enforcement
of municipal liens of the Borough of Kenilworth shall, when preparing
for an annual tax sale pursuant to N.J.S.A. 54:5-19, make a written
request of the Chief Financial Officer of the Township of Union for
a certified list of delinquent charges and properties as permitted
and required under N.J.S.A. 54:5-40. Such certified list of delinquent
properties shall be included within such tax sale.
All delinquent charges submitted to the Borough of Kenilworth
shall be reflected upon the lien records of said Borough and shall
be set forth on any official search by the designated bonded official
pursuant to N.J.S.A. 54:5-11 and 54:5-12.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any delinquency certified to the Tax Collector of the Borough
of Kenilworth or other municipal officer charged with enforcement
of municipal liens shall be included within the tax sale certificate
issued to the purchaser at the time of the public sale permitted by
N.J.S.A. 54:5-46. Upon redemption of the tax sale certificate pursuant
to N.J.S.A. 54:5-58 et seq., the Tax Collector of the Borough of Kenilworth
shall forthwith remit to the Tax Collector of the Township of Union
the amount of the delinquency as certified together with a pro rata
share of all accumulated interest and other charges, less an administrative
fee equal to 10% of the total amount collected on behalf of the Township
of Union. A copy of the redeemed tax sale certificate issued by the
Borough of Kenilworth shall also be sent to the Tax Collector of the
Township of Union. The Borough of Kenilworth may, in its sole discretion,
bring an in rem foreclosure action pursuant to N.J.S.A. 54:5-104.29
et seq. on any tax sale certificates which have not been redeemed.
In the event that no redemption occurs and the Borough of Kenilworth
becomes the owner of the property subject to the lien, then and in
that event the Borough of Kenilworth agrees to pay to the Township
of Union the amount of its lien, less any administrative costs as
provided for herein, but only after the subject property has been
sold by the Borough of Kenilworth at public sale as permitted by law,
and further provided that all of the costs and expenses, including
legal and advertising expenses, are first paid for out of the proceeds
of such sale. In no event and under no circumstances shall the Borough
of Kenilworth be considered a user of the Township of Union sewer
system nor shall it become liable for the payment of past, current
or future connection or usage charges by virtue of acquiring ownership
of any property connected to and/or using the Union Township sewer
system through an in rem foreclosure action pursuant to law.
In addition to all other remedies set forth herein, the Township
of Union shall have all the powers and rights to terminate the sewer
and water service as permitted by N.J.S.A. 40:14B-44.
The provisions set forth herein shall remain in effect until
such time as either municipality shall terminate the same by the adoption
of an authorizing resolution or ordinance providing for such termination
and forwarding a copy of the same to the other municipality.
