Pennsylvania § 13213.1 - Rental fees or charges.

§ 13213.1. Rental fees or charges.

(a) General rule.--All persons whose property is connected to a sanitary sewer system shall pay a monthly, quarterly, semiannual or annual charge to the city, in addition to the cost of making the connection. The charges shall be imposed by the city in accordance with procedures approved by council. Until paid, a charge shall constitute a lien against the property connected to the sanitary sewer system, and the amount of the charge may be recovered by due process of law through an action in assumpsit in the name of the city against the owner of the property charged or by a lien filed in the nature of a municipal lien.

(b) Calculation of fees.--All water utilities supplying water to users within the boundaries of any city shall, at the request of council, furnish to the city, at reasonable times agreed to by the city and water utilities, a list of all water meter readings and flat-rate water bills and the basis for each flat-rate water charge so that the data may be used in calculating sewer rental fees. The city may reimburse utilities for clerical and other expenses incurred in the preparation of the lists.

(c) Limitation of section.--Nothing in this section shall be construed to repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities).

(d) Fund.--Subject to subsection (e), all sanitary sewer rentals received shall be deposited in a special fund to be used only for the payment of the cost of administration, construction, reconstruction, repair, operation and maintenance of the sanitary sewer system.

(e) Transfer of funds.--Notwithstanding the provisions of the act of July 18, 1935 (P.L.1286, No.402), entitled "An act empowering counties, cities, boroughs, incorporated towns, and townships to charge and collect from owners of and water users in property served thereby, annual rentals, rates or charges for the use of certain sewers, sewerage systems and sewage treatment works, including charges for operation, inspection, maintenance, repair, depreciation, and the amortization of indebtedness and interest thereon; empowering counties, cities, boroughs, incorporated towns and townships to contract with authorities organized by cities of the second class, by cities of the second class A, by counties or by cities of the third class for sewer, sewerage and sewage treatment services; to grant, convey, lease, transfer, encumber, mortgage and pledge to such authorities, their sewers, sewerage systems and sewage treatment works; to assign and pledge to such authorities rentals, rates and charges charged and collected by them for the use thereof, and to assign to such authorities their power to charge and collect the same; and validating all the contracts, grants, conveyances, leases, transfers, assignments, encumbrances, mortgages and pledges heretofore made," or any other law, council may transfer part of the sanitary sewer rentals in the special fund to the city general fund to meet immediate general financial obligations or to ensure adequate cash flow for city operations, provided that money transferred from the special fund to the city general fund shall be repaid to the special fund prior to the end of the fiscal year or at a date as council may determine.

(f) Notification of service.--If a city has agreed to provide sanitary sewer service to a residential dwelling unit in which the owner does not reside, the city shall notify the owner and the tenant within 30 days after the tenant's bill for that service first becomes overdue. The notification shall be provided by first class mail to the address of the owner provided to the city by the owner and to the billing address of the tenant, respectively.

(g) Construction.--Nothing in this subsection shall be construed to relieve the owner of liability for the service unless the city fails to provide the notice under this section.