Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
The Borough of Palmyra, Lebanon County, Pennsylvania, or
the duly constituted and elected municipal authorities thereof.
Any property within this Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage and/or industrial wastes shall be or may be discharged.
The liquid, gaseous or solid waste from industrial processes
as distinct from domestic sewage.
That part of the sewer system extending from a public main
or street sewer to curbline or property line if there is no curb,
and where the main or street sewer line is laid under a sidewalk,
the word "lateral" shall mean and refer to the Y connection from the
main or street sewer line.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity, and the members of such partnership or association
and the officers of such corporation.
Real estate which adjoins, abuts on, or is adjacent to, the
sewer system.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial establishments.
The sanitary sewer collection system and conveyance system
together with appurtenant facilities constructed in and for the Borough
and the capacity acquired by the Borough in any wastewater treatment
plant and any improvements, additions or extensions that hereafter
may be made thereto by the Borough or to any part or parts of any
or all thereof.
The Pennsylvania Uniform Construction Code, as adopted by
the Borough.[1]
A.Â
The owner of any improved property situate in the Borough and abutting
on, adjoining or adjacent to any street, easement or right-of-way
in which there shall have been located a sewer forming part of the
sewer system, where said property is accessible thereto and is benefitted,
improved or accommodated by such sewer, shall, at his own expense,
install suitable sanitary facilities therein and connect such sanitary
facilities directly with such sewer in accordance with the provisions
of this article within 45 days after the date of official notice from
this Borough so to do, which notice shall have been given by first-class
mail, postage prepaid, personal service or as otherwise provided or
permitted by law.
B.Â
In the event any owner of any such improved property shall refuse
or neglect to connect such property with such sewer within said sixty-day
period, the Borough or the agents of the Borough may enter upon such
property and construct such connection. In such case, the proper officials
of this Borough shall forthwith, upon completion of the work, send
an itemized bill of the cost of construction of such connection to
such owner, which bill shall be payable forthwith. In case of neglect
or refusal by such owner of such property to pay said bill within
30 days thereafter, it shall be the duty of said officials of this
Borough to cause a municipal lien for said construction to be filed,
the same to be subject in all respects to the general law provided
for the filing and recovery of municipal liens.
Whenever the Borough shall have given notice to the owners of
properties within the Borough limits to connect with the sewer system
pursuant to § 228-16, it shall be unlawful for the property
owner to operate or use within the Borough a privy, cesspool, vault,
septic tank or similar receptacle for sanitary sewage upon his property,
or to connect any such privy, cesspool, vault, septic tank or similar
receptacle with the sewer system, or to discharge sewage into any
storm sewer or other sewer or outlet other than the sewer system.
No owner of any property which abuts on or adjoins any street, alley
or other public highway in which a sewer of the sewer system shall
at the time be located and ready for service, or which shall at the
time be otherwise accessible to such sewer, shall construct or install
any privy, cesspool, vault, septic tank or similar receptacles on
his property.
Any person who erects, constructs, uses or maintains a privy,
cesspool, sinkhole or septic tank on any property accessible to the
sewer system in violation of this article shall be deemed and shall
be declared to be erecting, constructing and maintaining a nuisance,
which nuisance the Borough is hereby authorized and directed to abate
in the manner provided by law.
No connection shall be made to the sewer system except in compliance
with the ordinances and resolutions as well as such rules and regulations
as may, from time to time, be enacted, adopted, approved or promulgated
by the Borough.
Any plumber or other person who shall neglect or refuse to take
out a permit or comply with the provisions of this chapter or fail
to make the reports herein designated, shall not be deemed competent
to perform any work intended to be connected with the sewers and no
work performed by such plumbers or other persons shall be connected
with any sewers. All plumbers or other persons are required to conform
to the regulations of the UCC.
A.Â
Written notice. Any person who shall violate any provision of this
article may be served with a written notice stating the nature of
the violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender, within the period of time stated
in such notice, shall permanently cease all violations. No notice
shall be required for any violation where any representatives of the
Borough reasonably believe that the issuance of such notice would
be repetitive of prior notices or would serve no effective purpose.
B.Â
Any person who shall violate any provision of this article or, having
been served with a written notice, continues such violation after
the time period for satisfactory correction set forth in such notice,
shall be liable, upon conviction, of a fine of not less than $100
nor more than $1,000 plus costs, including the Borough's reasonable
attorneys' fees incurred in the enforcement proceedings. Each day
that a violation continues shall constitute a separate violation.
Each section of this article violated shall constitute a separate
violation.
C.Â
The provisions of this article may be enforced through an action in equity in the Lebanon County Court of Common Pleas. The defendant may be assessed court costs and reasonable attorneys' fees incurred by the Borough in such proceedings in addition to equitable relief and monetary penalties as set forth in Subsection B.
D.Â
Liability. Any person violating any of the provisions of this article,
in addition to becoming liable for fines and costs of prosecution,
including the Borough's reasonable attorneys' fees, shall be liable
to the Borough for any expense, loss or damage occasioned the Borough
by reason of such violation.
