1040.27   MALFUNCTIONS AND BLOCKAGE.
   (a)   Report of Malfunction; Investigation. When a person reports a malfunction and/or possible blockage in the sewerage system between the hours of 8:00 a.m. and 1:00 p.m., the Borough shall dispatch employees to commence an investigation as soon as possible, and at no charge, except on Saturdays, Sundays and holidays, and after 3:00 p.m., as provided for in this section.
   (b)   Charges for Investigations After Hours. An investigation conducted pursuant to subsection (a) hereof shall be subject to charges if Borough employees must work after 3:00 p.m., provided that such work was started on or after 1:00 p.m. Charges shall be as set forth in a fee schedule established by Council.
   (c)   Responsibility for Costs. When an investigation is made by Borough employees, as requested by the owner or occupant of a building connected to the Borough's sewerage system, and as described in subsections (a) and (b) hereof, and it is determined that the malfunction and/or blockage is not or was not the result of a malfunction or operating failure of the Borough's sewerage system, or negligence, then the person making such request will be billed for the costs to the Borough of conducting such investigation. Failure to make payment for such charges will result in appropriate legal action for collection of the amount due, together with costs and fines.
   (d)   Determination of Responsibility for Costs; Settlement of Disputes. The determination of responsibility as described in subsection (c) hereof shall be made by The Director of Public Works or his or her designated agent. Disputes pertaining to the Director's decision shall be referred to the Solicitor. Further appeals shall be submitted to Council.
   (e)   Fee Schedule; Copies. Copies of the fee schedule shall be kept on file in the offices of the Secretary/Treasurer, the Code Enforcement Officer and the Public Works Director. A copy will be submitted with all invoices for charges.
(Ord. 1987. Passed 2-17-86.)