[Adopted 7-8-1976 as Section 13-2 of the Revised General
Ordinances of 1975]
All dwelling houses and buildings occupied by
human beings as places of habitation and all other buildings provided
with running water or toilet facilities, which dwelling houses or
buildings shall be located upon a lot, plot or tract of land fronting
on or abutting a street in which a sanitary sewer owned or operated
by the borough is now or may hereafter be constructed, shall be connected
with such sanitary sewer.
The connection shall be made by the owner of
the property on which such building is located at his own cost and
expense.
The connection shall be made in accordance with
the existing ordinances of the borough and the Board of Health thereof
and with such ordinances of the borough or Board as may hereafter
be adopted. Any existing connections to the sanitary sewers which
shall not conform to the provisions of these ordinances shall be improved
or repaired so as to conform to the same.
Should any connection fall into a state of disrepair,
the owner of lands which the connection shall serve shall, upon notice
as provided, repair the same so as to conform to the provisions of
these ordinances.
All dwelling houses and buildings occupied by
human beings as places of habitation shall be equipped and furnished
with at least one toilet, which shall be connected with the sewer.
These toilets shall be installed and connected in accordance with
the provisions of these ordinances.
It shall be lawful for the Sanitary Inspector
of the borough to inspect any and all such toilets and connections
and, for that purpose, to enter any building or premises in or on
which the same shall be located at all reasonable hours.
In case of the neglect of the owner of any properties
affected by the provisions of this article to make any such sewer
connection or installation of a toilet or repair or improvement to
the same as provided for in this article after notice given in accordance
with the provisions hereof, it shall be lawful for the Mayor and Council
to make such connection or installation, repair or improvement under
the direction and supervision of the Sanitary Inspector of the borough
or to award one or more contracts for the making of such improvement.
A.
Before proceeding to make any such connection or installation,
repair or improvement or awarding any contract for the making thereof,
it shall be the duty of the Mayor and Council to cause notice of such
contemplated connection, installation, repair or improvement to be
given to the owners of any properties affected thereby. Such notice
shall contain a description of the property affected sufficiently
definite in terms to identify the same, as well as a description of
the required connection, installation, improvement or repair, and
a notice that, unless the connection, installation, improvement or
repair shall be completed within 30 days after the service thereof,
it is the intention of the borough to make such connection, installation,
improvement or repair or cause the same to be made in pursuance of
the authority of Chapter 291 of the Laws of 1927.
B.
Such notice may be served upon the owner residing
in this borough in person by leaving the same at his usual place of
residence with a member of his family above the age of 14 years. In
case any such owner shall not reside in the borough, such notice may
be served upon him or mailed to his last known post office address,
or it may be served upon the occupant of the property or upon the
agent of the owner in charge thereof. In case the owner of any such
property is unknown or service cannot, for any reason, be made as
above directed, notice thereof shall be published at least once, not
less than 30 days before the making of such connection, repair, improvement
or installation by the borough, in a newspaper circulating in the
borough. Notice to infant owners or owners of unsound mind shall be
served upon their guardians. When lands are held in trust, service
shall be made upon the trustee. When properties are held by two or
more joint tenants in common or tenants by the entirety, service upon
one of such owners shall be sufficient and shall be deemed and taken
as notice to all.
C.
Proof of service of such notice shall be filed within
10 days thereafter with the Collector of Taxes.
A.
When any sewer connection or toilet installation or
repair or improvement shall be made by the borough under the terms
of this article, a true and accurate account of the cost and expense
shall be kept and apportioned to the property thereby benefited or
improved, and a true statement of such costs, under oath or affirmation,
shall be forthwith filed with the Borough Clerk by the officer of
the borough in charge of such work. The Mayor and Council shall examine
the same and, if the same is properly made, shall confirm the same
and file such report with the Collector of Taxes, who shall record
the charge for such sewer connection, installation, repair or improvement
in the same book in which he records sidewalk and other assessments.
B.
Every charge shall bear interest and penalties from
the date of such confirmation and shall, from such time, be a first
and paramount lien against the respective property so improved and
shall be collected and enforced in the same manner as assessments
for local improvements. Such charge may be paid in installments in
the same manner as assessments for local improvements are payable,
which installments shall bear the same rate of interest and be collected
and enforced in the same manner as are installments for assessments
on local improvements.
The cost to the borough of making any improvement
herein provided for shall be financed either by annual appropriations
or by special appropriation as the Mayor and Council may determine
in the way and manner provided for by law.