[Adopted 8-5-1992 by Ord. No. 92-20]
[Amended 8-8-2001 by Ord. No. 01-09]
A.
The Tax Collector of the Borough of Bellevue, in conjunction with
his duties as collector of delinquent sewer charges and after obtaining
the written approval of Town Council or its designated agent, is hereby
directed and authorized to request the Municipal Authority of the
Borough of West View to shut off water service to the owners, tenants
or occupiers of those premises which have failed to pay sewage treatment
charges properly assigned to the Borough.
B.
No action shall be taken under this article unless the balance due
and owing is more than $100 or no payment has been made on the account
for a period of two years or longer.
A.
The President of Council and the Director of Administrative Services
are hereby authorized to enter into an agreement with the Municipal
Authority of the Borough of West View, which agreement, among other
provisions, recites that the Borough of Bellevue fully releases said
Authority from any and all damages, losses or injuries sustained by
persons and properties as the result of the shutting off of water
services, and said agreement further provides that the Borough agrees
to save harmless and indemnify the Authority from any and all expenses
arising because of any claim which may be presented for the loss and/or
damage to property or personal injury as a result of the shutting
off of water service.
B.
Annexed hereto and made a part hereof as Exhibit 1 is a true and
correct copy of the agreement entered into by the Borough of Bellevue
and said Authority. A complete copy of this agreement is on file at
the Borough office.
The request to shut off water services to the aforesaid premises
shall be in accordance with the agreement entered into by and between
the Borough of Bellevue and the Municipal Authority of the Borough
of West View, and such request shall be pursuant to 30 days'
notice by mail and posting of premises and pursuant to those requirements
and provisions more specifically set forth in said agreement and procedures
established by the Municipal Authority of the Borough of West View
pursuant to said agreement.
The proper officers of the Borough are authorized to pay the
Municipal Authority of the Borough of West View such deposits as set
forth in the aforesaid agreement.
[Amended 6-4-1996 by Ord. No. 96-28]
The Tax Collector in his/her efforts to collect the delinquent
sewage charges shall have authority to enter into such arrangements
for payment, including but not limited to installment payments, as
he/she deems proper and necessary to accomplish prompt collection
of said charges; provided, however, that any arrangement for payment
shall provide as follows:
A.
There must be a payment on account of not less than 1/2 of the balance
due and owing.
B.
The balance due and owing shall be paid within 12 months of the date
of the arrangement for payment.
C.
The current amount due and owing that is the current bill must be
paid on time and not permitted to become delinquent.
D.
All provisions of the payment agreement or arrangement shall be timely
performed, and failure to do so constitutes a default thereunder,
and all charges shall be immediately due and payable and shall constitute
valid reason to terminate water service.
[Amended 6-4-1996 by Ord. No. 96-28; 8-8-2001 by Ord. No. 01-09; 4-6-2004 by Ord. No. 04-02]
A.
All expenses and costs incurred by the Borough of Bellevue, its agents
and employees in shutting off the water service, including administrative,
scheduling and other similar charges imposed by the Municipal Authority
of the Borough of West View, shall be borne by the owner, tenants
or occupiers of the premises, as the case may be.
B.
In addition, any amount due and owing for delinquent sewer charges
and administrative, scheduling or other charges not paid within 30
days of the billing date of such charges will, at the option of the
Town Council, cause the amount due to be filed as a municipal claim
or lien, at the cost of the property owner, and shall further cause
the said amount due to incur interest at the rate of 10% per annum
(0.833%) per month) from the date the municipal claim or lien is filed;
and, further, there is hereby imposed, in addition to said interest
and court costs, reasonable attorneys' fees incurred by the Borough
of Bellevue in the preparation, filing and collection of said delinquent
sewer fees.
