[Adopted 3-15-1979 by Ord. No. 79-2]
A.
The owner of each improved property within the Township limits which
is benefited, improved or accommodated by a sanitary sewer and which
is or shall become accessible to the Lincolnway Sewer System of the
Township and upon which there is generated sanitary sewage or industrial
waste shall, upon receipt of written notice from the Township, connect
such improved property to the Lincolnway Sewer System without delay,
in accordance with the rules and regulations of the Township currently
in effect. For the purpose of this article, an improved property shall
be deemed accessible to the sewer system of the Township if:
(1)
Such property shall abut upon or adjoin a public street, alley, road
or other public highway in which there is a collection line of the
sewer system owned, leased or operated by the Township or by West
Manchester Township Sewer Authority; or
(2)
If a collection line of said Lincolnway Sewer System runs through
such property; and
(3)
If the building or facility from which or in connection with the
use of which such sanitary sewage or industrial waste is generated
is located within 150 feet of such collection line.
B.
If any owner of improved property required to be connected to said
Lincolnway Sewer System shall neglect or refuse to connect therewith
after written notice so to do, the Township may give such owner written
notice making reference to this section and ordering such owner to
make the required connection within 60 days of the date of said notice,
and upon failure of such owner to make the required connection within
said sixty-day period, the Township or its agents may, in accordance
with the provisions of the Second Class Township Code,[1] enter upon such property and construct such connection
and, upon completion of the work, send an itemized bill of the cost
of the construction of such connection to the property owner, which
bill shall be payable forthwith. In case of neglect or refusal by
the owner of such property to pay said bill, it shall be the duty
of the proper Township officials and Township Solicitor to file municipal
liens for said construction within six months of the date of the completion
of the construction of said connection.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
C.
If any owner of improved property within the Township shall have failed to connect his or her property with the sewer system as required by Subsection A and the Township shall have given owner written notice pursuant to Subsection B of this section, and if such owner shall have failed within said sixty-day period to make the required connection, such failure shall be and hereby is declared a violation of this article, and such owner shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14]
D.
It shall be unlawful, 60 days from receipt of written notice pursuant to Subsection A or B of this section, for any person, firm or corporation to:
(1)
Own, maintain, operate or use within the Township a privy, cesspool,
vault, septic tank or similar receptacle for sanitary sewage upon
any property now or hereafter improved which is accessible to a collection
sewer line of said Lincolnway Sewer System; or
(2)
Connect any such privy, cesspool, vault, septic tank or similar receptacle
with any such collection sewer line.
E.
All persons, firms or corporations violating Subsection D of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14]
F.
No owner of property shall be permitted to discharge into the Lincolnway
Sewer System any waste or drainage other than sanitary sewage except
as may be expressly permitted by the rules and regulations of the
Township currently in effect.
A.
In recognition of the necessity of requiring connections to the Lincolnway
Sewer System in order to protect the public health, in order to comply
with the requirements of the Second Class Township Code[1] and in order to enable West Manchester Township Sewer Authority to finance the construction of said sewer system and provide for the treatment and disposal of sanitary sewage and industrial waste generated in the sewered portion of the Township and to assure continuous operation of the same, the Township hereby covenants and agrees with the Authority and with the holders, from time to time, of the outstanding bonds of the Authority issued for the purpose of such construction that the Township will not repeal or rescind § 109-23 of this article so long as any of said bonds shall remain outstanding; that the Township will not amend said § 109-23 in such way as to render ineffectual the intent and purpose thereof; that it will promptly give the notices contemplated by § 109-23A or B hereof in such sequence and orderly fashion, in the light of the practical time limits required for connections to be made and the availability of skilled labor to perform the work, to the end that all accessible properties may be expeditiously connected; and that it will at all times vigorously enforce the requirements hereof and prosecute violations.
[1]
Editor's Note: see 53 P.S. § 65101 et seq.
B.
The Township further hereby covenants and agrees with the Authority that it will, to the extent permissible by law and not otherwise, appropriate to and deposit in the Lincolnway Sewer Revenue Account of the Township, from time to time, sums equal to the fines and penalties collected under § 109-23 of this article, less all costs of collection paid by the Township.
B.
Said rates, rules and regulations shall apply to all persons connecting
to said Lincolnway Sewer System as required by ordinance of this Township
and to all persons who shall voluntarily connect to said sewer system
although not required so to do.
C.
A copy of said rates, rules and regulations of the Township, which
is herein incorporated by reference, is hereby directed to be filed
with the Township Secretary for inspection by any interested parties.
