1. The refuse collection fee will be billed monthly, and shall be due and payable upon the user’s receipt of the statement. Receipt shall be presumed on the third day after the Borough’s day of issuance.
2. In the event that payment is not received by the Borough prior to the end of the calendar month in which the statement is issued, a penalty of 10 percent shall be added to the user’s account. This penalty shall be calculated as follows:
A. The user’s balance at month’s end multiplied by .10 equals the penalty. For example, $10.20 (balance at the end of the first month) times .10 equals $1.02. This amount is added to the $10.20 for a new balance of $11.22. The new balance due shall be the sum of the prior balance plus the penalty. The new balance due will be carried over to the following month on the user’s account and shall be due immediately.
3. The 10 percent cumulative penalty will be assessed each month, as described above, on amounts remaining unpaid (including any penalty amounts) until the account is fully paid; provided, however, that the total accrued penalty hereunder, together with the total accrued penalty under the Borough’s General Sewer Ordinance (the “Sewer Ordinance”) [Chapter 18], shall not exceed (A) $500 per dwelling unit with respect to residential accounts, and (B) $3,000 per account with respect to commercial, industrial and school accounts.
4. Every claim of the Borough for refuse collection fees, together with all charges, penalties, expenses and fees added thereto for failure to pay promptly, shall, in the manner required by law, become a lien upon the properties served, and may be collected by the Borough by an action in assumpsit against the owner of the property or enforced against the property by filing a municipal claim.
5. All delinquent accounts are subject to stoppage of service without notice. If service is terminated, service shall be restored only after the user shall have paid all amounts then due and owing under this Part, including without limitation any amounts which are not yet delinquent. In addition, any user determined by Borough Council to be an habitual offender, as defined in subsection .1 of §18-138 of the Sewer Ordinance [Chapter 18], shall be required to deposit with the Borough, prior to the restoration of service, the Security Deposit required under subsection .1 of §18-138 of the Sewer Ordinance [Chapter 18]. Said security deposit shall be governed by, and returned in accordance with, subsection .1 of §18-138 of the Sewer Ordinance [Chapter 18].
6. The stoppage of service and penalties hereinbefore authorized for nonpayment or late payment of the refuse collection fee shall be in addition to the right of the Borough to proceed under §20-107 of this Part.
(Ord. 74-2, 1/8/1974, §6; as amended by Ord. 86-3, 12/2/1986, §1; and by Ord. 92-3, 10/6/1992, §1)