[Ord. 671, 6/3/2002, § 601]
The Borough may lay out, ordain and construct sanitary sewers
in streets and on public or private property, and may construct sewage
treatment works on lands owned or acquired for such purposes, and
pay the costs and expenses thereof out of Borough funds, or may assess
the costs and expenses of sanitary sewers as herein provided. Sanitary
sewers laid and constructed in streets may be located in the center
of the street or on either side of the cartway or of the curblines
thereof in any street and may be for the service and use of properties
on both sides of the street or on only one side of the street in which
they are laid, as directed by the Borough Council, and the costs and
expenses of such sanitary sewers may be assessed against properties
benefited, accommodated or improved thereby regardless of the property
line location, and regardless of whether any portion of a property
so benefited, accommodated or improved shall physically abut upon
such sanitary sewer. The term "sanitary sewer," as used in this Part,
shall mean and include a sewer used for receiving and collecting sewage
matter and liquid waste from the inside of the buildings and structures.
[Ord. 671, 6/3/2002, § 602]
Where the Borough constructs sanitary sewers and desires to
assess the costs and expenses upon property benefited, whether or
not such property abuts upon such sewer, then on petition, viewers
shall be appointed in accordance with eminent domain code, who shall
assess the damages, costs and expenses of the sanitary sewer upon
the property benefited, accommodated or improved according to benefits,
if sufficient can be found, but if not, then the deficiency when finally
ascertained shall be paid by the Borough.
[Ord. 671, 6/3/2002, § 603]
The expenses shall be assessed against the property benefited,
improved or accommodated by any sanitary sewer, whether or not such
property abuts upon such sewer, by the foot-front rule and may provide
for equitable assessments and/or adjustments when special conditions
exist where an assessment for the full frontage would be unjust. The
Secretary of the Borough shall cause 30 days' notice of the assessment
to be given to each party assessed, either by service on the owner
or his agent, or left on the assessed premises.
[Ord. 671, 6/3/2002, § 604]
The Borough shall fix the places along where such sanitary sewer
and branches thereof shall be laid down and shall prescribe the manner
in which they shall be constructed.
[Ord. 671, 6/3/2002, § 605]
No contract for the construction of any sewer system or treatment
works shall be entered into until a permit for the construction of
the same shall have been obtained from the Department of Environmental
Protection.
[Ord. 671, 6/3/2002, § 606]
Whenever any borough shall construct any sanitary sewer and
assess the cost thereof by the foot-front rule, the assessment, duly
certified under the seal of the Borough, attested by the President
of Council and Secretary, shall be collectible from the owner of the
property benefited, improved or accommodated thereby.
A.
Such certificate of assessment shall be prima facie evidence, in
any suit for the recovery of the same, of the correctness and validity
of such assessment.
B.
The assessment herein referred to shall be computed under the terms
of the Part, but the individual assessments need not be expressed
therein.
[Ord. 671, 6/3/2002, § 607]
If the owners of property against which a foot-front assessment
has been made shall refuse to pay such assessment within 30 days after
notice of the same, it shall be the duty of the Borough Solicitor
to collect the same, with interest from the date of completion of
the improvement, by action of assumpsit, or by lien to be filed and
collected in the same manner as municipal claims. When an owner has
two or more lots against which there is an assessment for the same
improvement, all of such lots may be embraced in one claim.
[Ord. 671, 6/3/2002, § 608]
The Borough may enforce by penalties such regulations as it
may ordain with reference to the use and maintenance of such sanitary
sewerage system and treatment works.
