[Ord. 392, 11/25/2008, § I]
1.
Establishment of Rates. The schedule of sewer rates for the sewer
system ("rate schedule") shall be as set forth in Schedule 18-1-B
attached hereto and made part hereof, which rate schedule of sewer
rates is hereby adopted by the Township of North Fayette, with the
effective date of the rate schedule to be as indicated in Schedule
18-1-B. The Township may amend the rate schedule from time to time
by resolution of the Board of Supervisors.
2.
Invoices. Invoices/bills for said sewer service shall be rendered
by and in the manner and in the form prescribed by the Township or
its duly designated agent.
3.
Management of Sewer System. The Board of Supervisors of the Township
or its duly designated agent shall have charge and management of the
sewer system and the Board of Supervisors have issued and may issue
additional rules and regulations governing the use, operation and
maintenance of said sewer system as they shall deem necessary.
4.
Sewer Fund. The Township or its duly designated agent shall collect
and receive all sewer rates and charges prescribed by this Part, as
provided hereinafter. All such moneys shall be deposited to the credit
of a special fund, designated "North Fayette Township Sewer System
Fund," which fund shall at all times be a separate and distinct fund
of the Township of North Fayette.
[Ord. 392, 11/25/2008, § II; as amended by Ord.
No. 454, 5/22/2018]
1.
The property owner shall be the person responsible for the payment
of all rates, charges, fees/costs and penalties assessed either under
statutory law, this part, or any other ordinance or resolution of
the Township. Such charges are subject to the Municipal Claims Law
of the Commonwealth of Pennsylvania, 53 P.S. § 7101 et seq.,
and may become liens against the property that run with the land.
2.
Fee for Generating Estimated and Pro-Rated Bills. The Township shall
set by resolution and publish annually the rates to be charged for
preparing estimated and pro-rated bills.
3.
Application Fee. The Township shall set by resolution and publish
annually the fee for submitting an application for sewer collection
services.
[Ord. 392, 11/25/2008, § III; as amended by Ord.
418, 1/29/2014]
1.
Charges Due and Payable/Notice.
[Amended by Ord. No. 454, 5/22/2018]
A.
Invoices. All bills for sanitary sewage collection, transportation and treatment charges imposed under § 18-131 shall be due and payable upon the date of presentation, and shall be paid not later than 30 days after the date appearing on the bill. After such due date, the account is considered delinquent. Timely receipt by the Township of remittance of bills on the last day of this thirty-day period shall be determined as evidenced by the postmark of the United States Post Office.
B.
Penalty to Be Imposed for Failure to Pay Invoices. The failure to
tender full payment within 30 days after the date appearing on an
invoice shall result in a penalty of 10% of the total amount owed.
The penalty shall be included and be a part of any municipal lien
that is filed for said unpaid assessment.
C.
Delinquency Notice. If an account continues to be delinquent beyond
the due date or if the Township receives notice of insolvency leading
it to reasonably believe that the delinquent property owner may file
for bankruptcy or other insolvency proceedings, the Township may authorize
its staff and/or legal counsel to take legal action necessary against
such property owner for the delinquent account amount authorized under
law and/or institute shutoff procedures.
D.
Priority of Payment. All bills for solid waste collection appear
on the environmental services statement, which is a quarterly combined
utility bill made up of sewer usage and trash collection fees for
services rendered the prior quarter. While the Township expects payment
in full on each invoice, all payments received shall first be applied
to any outstanding balances due and owing for garbage/sanitation services
prior to applying any remaining portion of such payments to any outstanding
balances due and owing for sanitary sewer services.
E.
Payment Plan at Discretion of Township. When unable to pay an invoice
in full as a result of a hardship, the customer can request a payment
arrangement in order to pay for outstanding balances, including any
and all penalties and fees. Said payment arrangement can be granted
at the sole discretion of the Township. In the event a payment plan
is approved due to hardship, the outstanding balances, including all
penalties and fees, shall be paid in three equal installments as follows:
(1)
First payment of 1/3 of total amount due must be received on
the day the payment plan is agreed upon;
(2)
Second payment of 1/3 of total amount due must be received two
weeks from the date of the first payment;
(3)
The third payment of 1/3 must be received four weeks from the
date of first payment; and
(4)
Account must be paid in full within 30 days of signing the payment
arrangement agreement authorized at the discretion of the Township.
F.
Checks Returned Due to Insufficient Funds. Any person that knowingly
issues a check in which there are insufficient funds to cover may
be subject to prosecution under 18 Pa.C.S.A. § 4105 and
will be responsible for a fee of $25.
2.
Collection Proceedings.
A.
Liens/Proceedings; Interest/Costs/Fees.
(1)
In addition to the above, the Township may authorize its attorney
to enter a lien against the property owner in accordance with the
procedures set out herein. When a lien is entered, the Township shall
continue to charge interest on such liened delinquent account at a
rate of 10% per annum; said rate to continue running from the date
of filing the lien therefor. However, at the discretion of the Township,
reasonable alternative arrangements can be made for payment in special
circumstances.
[Amended by Ord. No. 454, 5/22/2018]
(2)
All delinquent sewage charges include, but are not limited to,
those set forth in the schedule of rates, charges, fees/costs and
penalties are to be made a lien against the property so as to provide
for nonpayment for sewage and other related services or assessments;
such amounts may be liened and collected against the property in the
name of the owner, reputed owner, occupier, mortgagee, or anyone beneficially
interested therein as claims are liened and collected under the Municipal
Claims Law of the Commonwealth of Pennsylvania, 53 P.S. § 7101
et seq.
(3)
The property owner shall be liable in-personam and in rem for
all sewage charges or assessments regarding said premises, and the
Township may, at its option, discontinue service as set forth below,
and in addition thereto, may file suit in assumpsit against the owner,
tenant and customer, severally or jointly, and may use any other remedy
provided by law for the collection of delinquent bills. In addition,
the Township may file a municipal claim against said property within
the time limit required by law for such filing, so that the claim
shall be assessed against the said property in the same way as the
other taxes are filed and liened, and may sue out of a writ of scire
facia or file a suggestion of nonpayment in the same manner and within
the same period of time as provided by law for all municipal taxes
and claims. The Township may use any or all of the remedies so provided
by law, and the use of any one remedy may not be exclusive of the
Township's other rights and remedies.
[Amended by Ord. No. 454, 5/22/2018]
(4)
Costs and fees shall also be authorized to be collected against
the property owner as authorized by Act No. 1 of 1996, 53 P.S. § 7106,
as amended, of the Commonwealth of Pennsylvania Legislature and the
Second Class Township Code, 53 P.S. § 65101 et seq., and
any Township ordinances enacted pursuant thereto. There shall be included
in the amounts set forth above the reasonable out-of-pocket expenses
of the Township and/or counsel in connection with each of these services,
as itemized in the applicable counsel bills, which shall be deemed
to be part of the fees. The amount of costs/fees determined as set
shall be added to the Township's claim in each account.
[Amended by Ord. No. 454, 5/22/2018]
B.
Attorney Fees. The Township authorizes and shall collect attorneys
fees against the delinquent taxpayer/ratepayer pursuant to the provisions
of the Municipal Claims Act, 53 P.S. § 7106(a)(1), and specifically
Act No. 1 of 1996, as amended, for any collection proceedings in which
the Township is required to utilize legal counsel for collection proceedings.
Attorneys' fees incurred in the collection of any delinquent
account shall be at the regularly negotiated municipal attorney hourly
rate paid unto the Township Solicitors in an amount sufficient to
compensate attorneys undertaking collection and representation of
a claim on behalf of the Township.
(1)
Schedule of Attorney Fees.
(a)
The Township hereby approves the following as its schedule of
attorney fees for services in connection with the collection of accounts,
which is hereby determined to be fair and reasonable compensation
for the services anticipated in acting on the Township's behalf
to pursue collection of delinquent municipal Accounts and claims,
all in accordance with the principles set forth in § 3(a.1)
of the Municipal Claims Law as added by Act No. 1 of 1996, 53 P.S.
§ 7106(a)(1), as amended (the "Act"): All services performed
by the Township's duly appointed attorneys in relation to the
establishment, enforcement and collection of the Township's delinquent
accounts and/or municipal claims and liens thereon shall be at an
hourly rate equal to the Township Solicitor's regular charges
to Township, the same being reasonable in comparison to rates normally
charged by attorneys in this marketplace for similar work.
(b)
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with bills, which shall be deemed
to be part of the fees.
(c)
The amount of fees determined as set forth above shall be added
to the Township's claim in each account.
(2)
Collection Procedures for Attorney Fees. The following collection
procedures are hereby established in accordance with Act No. 1 of
1996, 53 P.S. § 7106, as amended:
(a)
At least 30 days prior to assessing or imposing attorney fees
in connection with the collection of an account, the Township shall
mail or cause to be mailed, by certified mail, return receipt requested,
a notice of such intention to the taxpayer or other entity liable
for the account (the "account debtor").
(b)
In the event that the certified mail to any account debtor is
refused or unclaimed or the return receipt is not received, then at
least 10 days prior to the assessing or imposing such attorney fees,
the Township shall mail or cause to be mailed, by first class mail,
a second notice to such account debtor.
(c)
All notices required by this Part shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Township, or such other address as it
may be able to obtain from the County Office of Assessment and Revision
of Taxes.
(d)
Each notice as described above shall include the following:
1)
The type of tax or other charge, the date it became due and
the amount owed, including penalty and interest.
2)
A statement of the Township's intent to impose or assess
attorney fees within 30 days after the mailing of the first notice,
or within 10 days after the mailing of the second notice.
3)
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account.
4)
The place of payment for accounts and the name and telephone
number of the Township official designated as responsible for collection
matters.
3.
Shut-Off Procedures.
A.
Notice. In the event a property owner/ratepayer shall neglect or
fail to pay, for a period of 30 days, from the account due date of
an outstanding bill for sanitary sewage services, the Township, if
they choose to exercise shut off procedures, will write a demand for
payment letter and subsequently post the subject property allowing
10 days in each instance to pay the subject account in full. If the
bill is not paid current, and if a payment plan acceptable to the
Township is not reached, then the Township will take appropriate legal
action to terminate service to the ratepayer in accordance with the
procedures set forth in this Part.
B.
Posting Procedures. In addition to the written notices referenced
above, the Township shall also post the property with a ten-day notice
prior to termination at a main entrance to the premises alerting the
ratepayer/property owner that they have failed to make payment in
accordance with prior written demands, and that their water supply
will be shut off. The Township will follow the Pennsylvania statutes
regarding special circumstances involving landlords/tenants. A posting
fee, in an amount as established from time to time by resolution of
the Board of Supervisors, shall be imposed for each instance in which
the Township posts any property pursuant to this Part, which posting
fee shall be added to and become part of the outstanding bill and
of any municipal claim arising out of same.
C.
Termination of Water Supply.
(1)
Shut-Off of Water or Sewer Service. If the owner, occupant,
or customer shall fail to pay any rate or charge for sewage treatment
service imposed by the Township, the Township, in accordance with
53 P.S. § 2231 et seq., and with the procedures set forth
above, may require the water utility to shut-off the supply of water
to such premises until all overdue charges are paid, but shut-off
shall only occur after the aforesaid written notice and posting of
10 days' notice as provided by law. Such premises will nonetheless
be subject to inactive charges during the period that service is shut-off.
The Township, in cases where no water utility furnishes service, may
terminate service based on the foregoing, by physical means in preventing
the use of the building sewer, at the cost of the owner. As authorized
by the Utility Service Tenants Rights Act, 68 P.S. § 399.1
et seq., water service to a landlord rate payer can only be discontinued
if at least 37 days advance notification of discontinuances has been
provided to the landlord and if at least 30 days advance written notice
has been provided to each affected tenant.
(2)
Service Termination Fee. A service termination fee, in an amount
as established from time to time by resolution of the Board of Supervisors,
shall be imposed for each instance in which the Township causes water
or sewer service to be shut-off or terminated pursuant to this Part,
which service termination fee shall be added to and become part of
the outstanding bill and of any municipal claim arising out of same.
D.
Discretionary Stay.
(1)
If prior to the expiration of the time periods referenced in
the above three subsections, the person liable for the payment of
the relevant charges/fees, costs and penalties, delivers to the Township
Manager or his designate a written statement under oath or affirmation,
stating that he/she has a just defense to the claim, or part of it,
for such rentals or charges, then the Township may in its discretion
take such claim into consideration and may decide in its sole discretion
that such claim is sufficiently colorable and of such character that
the Township may opt to decline to proceed with water supply shut-off
until such claim has been judicially determined. The statement shall
also contain a declaration under oath or affirmation that it was not
executed for the purpose of delay.
(2)
If service is discontinued and if no "special-circumstance"
arrangements are made as provided hereafter, service will not be restored
until all unpaid charges, interest, penalties, costs, and fees are
paid in full.
[Ord. 392, 11/25/2008, § IV]
1.
In the event that special circumstances exist, which in the Township's
discretion prohibit it from requesting the water authority from turning
off water and sewerage service, or in the event that the outstanding
indebtedness stems from the cost of a connection fee, tap-in fee or
major capital expenditure relating to maintenance or tying into the
Township sanitary sewer system, the Township may enter into partial
payment arrangements with the customer, client, or property owner
subject to the approval of the Township.
2.
If the special payment arrangements are not followed to the satisfaction
of the Township, the Township will follow the terms of this Part.
[Ord. 392, 11/25/2008, § V; as amended by Ord.
418, 1/29/2014]
1.
Place of Notice. All notices required by this Part shall be mailed
to the account debtor's or property owner's last known post
office address as recorded in the records or other information of
the Township, or such other address as it may be able to obtain from
the Allegheny County Office of Property Assessments. Where a tenant
and landlord situation exists, notice will be provided to the landlord
and the current tenant of the affected property. Notwithstanding the
foregoing, it shall be the rate payer's, landlord's, and
owner's own responsibility to notify the Township of any change
of address.
2.
Fees for All Mailed Notices to Be Imposed and Added to Account Balance
and Municipal Claim. All mailed notices sent by the Township pursuant
to this Part, including all delinquency notices, shut-off notices,
or otherwise as provided herein, shall incur a fee, in an amount as
established from time to time by resolution of the Board of Supervisors,
which mailing fees shall be imposed for each instance in which the
Township sends any notice pursuant to this Part, and which fee(s)
shall be added to and become part of the outstanding bill and of any
municipal claim arising out of same.
[Ord. 392, 11/25/2008, § VI]
The proper officials of the Township are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this Part.
