Borough of Clifton Heights, PA
Delaware County
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Table of Contents
Table of Contents
[Adopted in 1967 by Ord. No. 450 (Ch. 18, Part 5, of the 1988 Code of Ordinances)]
There is hereby imposed upon the owners of properties in the Borough of Clifton Heights, Delaware County, Pennsylvania, hereinafter called the "Borough," which use and are served by the sewers and sewer systems of the Borough and by certain sewage treatment works which are maintained partially at the public expense of the Borough, hereinafter collectively called "the sewer system," an annual rental, rate or charge for residential or other buildings or structures discharging sanitary, commercial or industrial waste into such sewer system.
For the purposes of this article, the terms "sanitary sewage or waste" and "industrial or commercial sewage or waste" are defined as follows:
INDUSTRIAL OR COMMERCIAL WASTE OR SEWAGE
Liquid waste and/or wastes entering the sanitary sewage system by means of liquid, resulting from any commercial manufacturing or industrial operations or processes.
SANITARY SEWAGE OR WASTE
Waste from water closets, urinals, lavatories, sinks, bathtubs, shower baths, household laundries, cellar floor drains, private garage floor drains, bars, soda and refreshment counters, cuspidors, refrigerator drips, drinking fountains and stable floor drains.
The Borough Council of the Borough finds as a fact that the great majority of the public, business, commercial or industrial buildings or structures in the Borough obtain water from the Philadelphia Suburban Water Company, hereinafter called "water company," and that the water company has water meters installed in the said properties.
Where the sole source of the water supply to a property is through the facilities of the water company, the annual rental, after the basic minimum charge has been reached, shall be computed by the Sewer Committee of the Borough of Clifton Heights upon the annual bill of said company for water supplied to said property in accord with the rates hereinafter established.
A. 
Where the source of the water supply to a property is not the water company, the annual rental shall be established by estimating the amount of water not supplied by the water company, and adding thereto the amount supplied by the water company, establishing what the water rental would be if the water company were the sole source of supply and then fixing the sewer rental in accord with the rates hereinafter established.
B. 
The duty of estimating the amount of water supplied by sources other than the water company is hereby placed upon the Sewer Committee of the Borough Council, which, to that end, may require such properties to be equipped with water meters or other measuring devices and to require the owners or occupants of said properties to disclose all sources of water supply.
C. 
The owner of the property upon which any such measuring devices are installed shall be responsible for their maintenance and safekeeping, and all repairs thereto shall be made at the cost of the owner of the property.
[Last amended 12-17-2019 by Ord. No. 874]
The annual sewer rental hereby levied and charged against all properties in the Borough of Clifton Heights now or hereafter served by the sanitary sewer system and/or sewage disposal facilities of the Borough and the owners of said properties is based upon the following rates, to be effective January 1, 2020:
A. 
Single-family dwelling unit: $314 per unit.
B. 
Apartment unit: $314 per unit.
C. 
Apartment house, for each apartment unit: $314 per unit.
D. 
Public, business, commercial or industrial users:
(1) 
For the first 150,000 gallons of water: $314 per unit.
(2) 
For each additional 1,000 gallons over and above the 150,000 gallons of water: $1.92 per 1,000 gallons.
E. 
Where a business or commercial property includes an apartment unit or units and receives water for both the business use and the apartment use under one meter, the basis for the annual rental, rate or charge on the property for business or commercial use shall be reduced by 50,000 gallons for each apartment unit.
The Sewer Committee of the Borough of Clifton Heights, namely, Borough Council, comprising three members of Council, appointed by the President of Council, each for a term of two years, shall have the following duties and powers in addition to those otherwise provided for herein:
A. 
To formulate rules and regulations in furtherance of its duties and powers.
B. 
To hear and decide complaints where it is averred that inequities exist in sewer rentals and to adjust sewer rentals, if unreasonable inequities are found to exist in particular cases, to the end that said sewer rentals shall be apportioned as equitable as may be among the several properties served by said sewers and/or sewage system. All appeals or complaints shall be filed with Borough Council within 30 days following the issuance of a sewer tax bill.
C. 
To issue such special directives in specific cases as may be necessary to provide for an even flow into the sanitary sewer system and to require pretreatment of industrial wastes otherwise injurious to the functions of the sanitary sewer system and/or the sewage disposal facilities or system.
D. 
To enter upon, in person or by duly authorized representatives, any property served by the sanitary sewer system and to inquire into, investigate and decide all matters in reference to the collection and disposal of sanitary sewage and industrial wastes.
E. 
To prohibit the discharge of industrial wastes into the sanitary sewer system in specific cases where it appears that the same are or would be injurious to the functions of the sanitary sewer disposal facilities of the Borough or have a deleterious effect upon the sewage treatment processes.
A. 
The annual sewer rental rate or charge shall be due and payable on the first day of September A.D. 1968, and on each succeeding first day of September of each year following in advance, and shall be paid to the Tax Collector of the Borough.
B. 
Whenever sewer service to any property begins after the first day of September in any year and terminates before the following August 31 in the same year, the sewer rental rate or charge for such property for such year shall be that portion of the year during which the said property is served; provided, however, that in making such apportionment, a fraction of the month amounting to 1/2 or more of a month shall be counted a full month, and a fraction of a month amounting to less than 1/2 of a month shall be disregarded.
A. 
The Secretary of the Borough shall administer this article subject to the direction of the Sewer Committee. The Secretary shall secure from the water company the number of gallons of water consumed by public, business, commercial and industrial users and determine as herein provided, by such means as necessary to secure the gallonage utilized by nonusers of the water company's water, shall compute the sewer rental, rate or charge and furnish to the Tax Collector of the Borough of Clifton Heights, by July 1, 1968, and the first day of July of each succeeding year thereafter, a list of all properties served by the sewer system or disposal facilities, together with the names and addresses of the owners of said properties and a statement of the amount of sewer rental to be collected for the ensuing year. For this service, the Borough Secretary shall receive a salary of $75 per year.
B. 
The Sewer Committee, for the purpose of enforcement of this article, may employ such investigators, checkers or other personnel necessary to enforce the provisions of this article. All salaries for such employees shall be determined by Borough Council.
A. 
A penalty of 5% shall be added to each bill if the same is not paid by the 31st day of October of 1968 and the 31st day of October of each succeeding year thereafter and an additional penalty of 1/2% for each additional month after the 30th day of November A.D. 1968 and each succeeding year for each and every month the bill remains unpaid following the 30th day of November 1968 and the 30th day of November of each and every succeeding year.
B. 
A discount of 2% shall be allowed on all bills paid on or before September 1, 1968, and the first day of September of each and every succeeding year.
A. 
The Tax Collector of the Borough shall cause annual bills, on forms prepared by the Borough for sewer rentals, rates, or charges, to be mailed to all owners of properties using the sewer system and/or disposal facilities as aforesaid on or about the first day of August, commencing August 1, 1968, and on the first day of August in each succeeding year. Sewer rents, rates or charges shall be due from such owners, whether or not bills actually have been received.
B. 
The Tax Collector shall receive as compensation 2% of all amounts collected. It shall be the duty of Tax Collector to keep full, accurate and complete records of all sewer rentals or charges, bills, receipts, payments and submittals of money to the Borough.
C. 
It shall be the duty of the Tax Collector, on or after March 1, 1968, and the first day of March of each succeeding year, or at such other time as directed by the Borough Council, to certify all unpaid bills for sewer rentals, rates or charges to the Borough Solicitor.
Such bills, together with penalties, shall be a lien on the property served and shall be entered as a lien against such property in the office of the Prothonotary of the County of Delaware and collected in the manner provided by law for the entry, collection and the filing of municipal liens or may be collected by an action of assumpsit in the name of the Borough against the property owner charged or by distress of personal property of the premises.
A. 
Such annual sewer rental shall not exceed the amount expended annually by the Borough in the maintenance, repair, alteration, inspection, depreciation, or other expense in relation to the sanitary sewer system and disposal facilities of the Borough and any interest on money expended by the Borough in the construction of or contribution to or assessment levied in the construction of the sewer system and/or disposal facilities.
B. 
It shall be a further duty of the Sewer Committee to meet annually, prior to the first day of January of each year, and to estimate, subject to approval of Borough Council, the amount of sewer rental necessary to be collected for these purposes during the ensuing year and to adjust the schedule of sewer rentals to conform therewith.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.