1042.11 ANNUAL SANITARY SEWER USAGE FEE.
   (a)   Fee Generally. There shall be due to the Borough from each property owner using the Borough sanitary sewer system an annual sanitary sewer usage fee. This usage fee, expressed as a rate per 1,000 gallons of water used, shall be determined each year and included as part of the annual Tax and Fee Ordinance. The usage fee shall apply to the amount of water consumed The water consumption data shall be that which is obtained from the Philadelphia Suburban Water Company or its successor or from readings by the Borough on meters where there is a private water supply. Effective January 1, 2008, any and all properties owned under a common condominium form of ownership shall be treated as one property unless each unit of such condominium is separately metered for water usage. Where such condominium properties are treated as one property, the condominium association shall be deemed to be the property owner for purposes of this section, and the condominium association shall be responsible for paying the sanitary sewer usage fee for the entire property.
   (b)   Discounts, Penalties and Interest. Discounts, penalties and interest shall be determined each year and included as part of the annual Tax and Fee Ordinance. All unpaid sanitary sewer usage fees shall be a lien against the property, and the Borough Solicitor shall proceed to collect all delinquent accounts.
   (c)   Collection and Records. Council shall appoint from year to year a suitable person to collect the annual sanitary sewer usage fee as provided in this chapter and shall provide for the filing of a suitable fidelity bond by such person and for his or her compensation. Such person may, at the discretion of Council, be the duly elected or appointed Borough Tax Collector then in office. Such collector shall not, nor shall his or her surety, be held financially liable for any inability to collect such fees, but shall be answerable for any dishonest act or misconduct while filling such office.
   (d)   Duties of Collector. It shall be the duty of the sanitary sewer usage fee collector to cause notices to be mailed or otherwise delivered to the persons or properties liable for payment of such fees, to keep records and to take all reasonable steps to enforce collection thereof, turning over to the Borough Solicitor such accounts as may require legal action to collect. It shall be the responsibility of all property owners to report to the Borough all water service connected to their property. The collector shall remit all funds collected not later than one week after such funds come into his or her possession and shall keep full, accurate and complete records of all charges, bills, receipts, payments and transmittals of money to the Borough. Council shall reimburse the collector for necessary expenses incurred for postage, books and forms.
   (e)   Water Not Discharged Into the Sewer System. Whenever a significant amount of water is used which is not discharged into the sewer system, and the quantity of water so used is measured by a meter approved by the Borough and installed and maintained without cost to the Borough, then such meters shall be reported or read annually by the Borough and no sanitary sewer usage fee shall be applied to that quantity of water.
   (f)   Metering Required. All properties with a private water supply using water that is discharged into the Borough sewer system shall have a meter or meters to measure water consumption installed by December 31, 1999. Any meter so installed shall be approved by the Borough and installed and maintained without cost to the Borough. Such meters shall be read annually by the Borough with the readings providing the basis for the sewer service charge.
   (g)   Any person violating any of the provisions of this ordinance shall, upon conviction thereof by a District Justice, be sentenced to pay a fine in accordance with Section 202.99 of these Codified Ordinances.
   (h)   Effective Date. The provisions of this section shall become effective January 1, 2000.
(Ord. 929. Passed 10-13-98; Ord. 944. Passed 11-8-99; Ord. 1015. Passed 11-13-07.)