[Adopted 6-11-1986 as Ch. 170, Art. III, of the 1986 Code]
All owners of property abutting upon any public
sanitary sewer presently in existence or to be constructed in the
future in the Borough of Franklin Park shall connect, at said owners'
own cost and expense, the house, building or other structure located
upon said property and within 300 feet of said sanitary sewer with
the aforementioned public sanitary sewers for the purpose of disposing
of all acceptable sanitary sewage emanating from said property, on
or before August 15, 1964, and the Secretary of the Borough of Franklin
Park, or such other person as shall be authorized by the Borough Council,
shall notify the owner, lessee or occupier of any such house, building
or structure, in writing, either by personal service, certified mail
or registered mail, to make proper connection for the discharge and
disposal of such sanitary sewage through said public sanitary sewers
on or before June 15, 1964.
All owners of property connected or connecting
with the sewers, sanitary sewerage system or other public facility,
as owned or leased by the Borough of Franklin Park and/or the Franklin
Park Authority,[1] and all of the owners of property wheresoever located
in the Borough of Franklin Park who may hereafter connect with and
use the same shall pay sewer charges or rentals, payable per three-month
period as hereinafter provided, for the use of such sanitary sewerage
facilities, based upon the following schedule of rates:
A.Â
The service charge for any person, family or corporation,
owners of property discharging sewage or other liquids from premises
used for residential purposes into said system, whether the quantity
of water used on or in said premises owned as aforesaid is measured
by water meters or not, shall pay the sum of $13.65 per three-month
period per family unit, beginning with the quarter commencing April
1, 1967.
B.Â
The service charge for any person, firm or corporation,
owners of property discharging water or other liquids from premises
used for commercial purposes into said system, whether the quantity
of water used in or on said premises owned as aforesaid is measured
by water meters or not, shall be the sum of $13.65 per three-month
period per domestic equivalent, beginning with the quarter commencing
April 1, 1967. For the purpose of this article, a "domestic equivalent"
is defined as a unit of measurement to determine the amount of sewer
charge or rental due from a structure other than a single-family dwelling
and shall be equal to the number of persons constituting an average
family, which shall be and is hereby defined as 3.7 persons.
C.Â
The service charge for any person, firm or corporation, owners of property discharging sewage, water or other liquids from premises used for institutional purposes into said system, whether the quantity of water used on or in said premises owned as aforesaid is measured by water meters or not, shall be the sum of $13.65 per three-month period per domestic equivalent as the same is defined in Subsection B hereof, beginning with the quarter commencing April 1, 1967.
D.Â
In addition to the service charges set forth herein in Subsections A, B and C above, the person, firm or corporation, owners of said properties as referred to herein, shall pay unto the Borough of Franklin Park such charges as shall be made against the Borough of Franklin Park by the Allegheny County Sanitary Authority for the treatment of sanitary sewage emanating from the various premises in the Borough of Franklin Park.
[1]
Editor's Note: The Franklin Park Authority
was terminated December 17, 1996.
The sewer charges or rentals as set forth herein
shall be paid quarterly during the year, in accordance with billings
for sewerage service which shall be rendered or caused to be rendered
by the Borough of Franklin Park. Said charges for sewerage service
shall be subject to a discount of $1 per quarter if paid within 15
days from the billing date. If not so paid within 15 days of the billing
date but if paid within the next ensuing 30 days, said charges shall
be paid at face amount. If said charges are not paid within 45 days
after they are due, they shall be subject to a penalty of 5% until
the same are filed as liens.
All sewer charges or rentals hereby imposed
shall be a lien from the date the same are due and payable on each
and every lot or tract of land served by said sewerage system against
which said charge is made. All such charges or rentals, after they
are filed in the office of the Prothonotary of Allegheny County, Pennsylvania,
as liens, shall bear interest at the rate of 6% per annum from the
date upon which the same first became due and payable, together with
a penalty in the amount of 5% and attorney's commission in the amount
of 5%, and shall be collected in the manner prescribed by law for
the collection and filing of municipal claims.
[Amended 2-24-1988 by Ord. No. 312-88[1]]
Prior to the construction of any house lateral
or service line intended to connect any building or structure to the
public sanitary sewers as hereinabove set forth, the owner of such
property or his plumber or other agent, servant or employee shall
submit plans and specifications therefor to the Sewer Inspector, together
with an application for a permit for the construction of such sanitary
sewer lateral or service line. If the plans meet with the approval
of said Sewer Inspector, said owner shall pay the sum of $1,500 unto
the Borough of Franklin Park as a tapping fee for the privilege of
connecting said lateral or service line into the public sanitary sewer.
Prior to the covering of the sanitary sewer
lateral or service line, but upon its completion, said Sewer Inspector
shall be notified by the owner or contractor to finally inspect said
line, and if the same has been installed in accordance with plans
and specifications as approved by the Borough of Franklin Park, then,
and in that event, said line shall be backfilled.
The sewer rates, rentals, charges, tap-in fees
and permit fees hereby imposed shall become effective upon the effective
date of this article; provided, nevertheless, that no sanitary sewer
charges or rentals shall be charged by the Borough of Franklin Park
before August 15, 1964; and provided, further, that beginning with
August 15, 1964, the sanitary sewer rates, rentals and charges as
herein set forth shall be effective and shall be charged to all properties,
houses or structures abutting upon the line of the sanitary sewers
of the Borough of Franklin Park, whether said houses or structures
are, on said date, physically connected to the sanitary sewer system
or not.
[Amended 6-11-1986 by Ord. No. 287-86]
Neither the Borough of Franklin Park nor the
Franklin Park Authority[1] shall be liable for any damage resulting from leaks, broken
pipes or any other cause occurring to or within any house or building
or in connection with the sanitary sewer lateral or service line between
the municipally maintained sanitary sewer line and any house or building,
and neither said Borough nor said Authority shall be liable to any
owner for any claim for damage arising by reason of any main, trunk,
interceptor or collecting sewer or any building connection, sewer
line or any attachment to the sewer.
[1]
Editor's Note: The Franklin Park Authority
was terminated December 17, 1996.
[Amended 6-11-1986 by Ord. No. 287-86]
The duly authorized agents, servants and employees
of the Borough of Franklin Park and/or the Franklin Park Authority
shall have the right of access at all reasonable hours of the day
to all parts of the premises to which sanitary sewerage service is
supplied for the purpose of making necessary inspections.
[Amended 6-11-1986 by Ord. No. 287-86]
Tap-in fees, sewer rental service charges and
other charges imposed under the provisions of this article, except
actual sewer permit fees, shall be maintained by the Borough of Franklin
Park in an account or accounts as required under the provisions of
the agreement of lease between the Franklin Park Authority, as lessor,
and the Borough of Franklin Park, as lessee, for the purposes as set
forth therein.
The Borough Council is hereby empowered to prescribe,
adopt, promulgate and enforce rules and regulations relating to any
matter pertaining to the administration and enforcement of this article.
[Amended 6-11-1986 by Ord. No. 287-86[1]]
Any person, firm or corporation who shall violate
any provision of this article or fails to comply therewith or with
any of the requirements thereof, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, shall
pay a judgment of not less than $100 nor more than $600 plus costs,
including reasonable attorney's fees incurred by the Borough. A separate
offense shall arise for each day or portion thereof in which a violation
of this article is found to exist and for each section of this article
found to have been violated. The Borough may also commence appropriate
actions in equity or other to prevent, restrain, correct, enjoin or
abate violations of this article. All penalties collected for violations
of this article shall be paid to the Borough Treasurer.
