WAYNESBORO – The monthly board meeting of the Quincy Township Supervisors will take place on Monday, Aug. 4, at 6:30 pm at the township offices, 7575 Mentzer Gap Road. The township will post the agenda within 24 hours of the meeting on its website: quincytwp.org/board-meeting-information.
A recent township email notice reminded residents that late in 2024, Quincy Township started a new collection process for delinquent water and sewer accounts that could result in the eviction of delinquent billpayers. “This process does not have lawyers and collection agencies calling residents or sending out myriad letters and attaching liens to properties,” the notice stated.
For the new process, the township will send out warnings and a disconnect letter by certified mail and by posting such notices on the door of the residence. The new method for collecting outstanding debts will be: “the Township will shut off the water or sewer service on or shortly after the date listed in the letter.” The bolding in the above sentence and other instances below are as they appeared in the township email notice.
The township noted that fees will apply to accounts in arrears, including a $100 cost each to shut off and re-establish service. After service is disconnected, the overdue account must be paid in full with cash or a money order, and no payment plans will be available at that point.
The township email stressed that “the real issue here for the resident is that once we turn off one of the utilities, the property is immediately condemned by the Building Code Official, as per PA-UCC Title 34 Part XIV Section 403.65. The PA State Constable will also be there to evict the residents on the spot because of that condemnation.
“This is not what we want to do. This is a costly, convoluted process. We do not want residents evicted from their homes. We just want to be paid for services provided. The purpose of this notice is to let everyone know that the Township is serious about collecting what is owed. If you receive a warning letter about your bill that is in arrears, take it seriously.”
According to Pennsylvania governmental information (pa.gov), the PA-UCC referred to in the township’s letter is the state’s “Uniform Construction Code,” which was first enacted in 2004 and has subsequently been updated every few years with new requirements. The state website says this law is a “set of regulations that governs the construction and building standards within the state. It is enforced by the Pennsylvania Department of Labor and Industry and is applicable to over 90 percent of Pennsylvania’s municipalities.”
The purpose for these regulations is to “ensure that all structures meet safety, health and environmental standards, and it plays a crucial role in the construction industry by providing a framework for building codes and regulations.” As far as the scope of the code (Section 403.1) it “applies to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure on or after April 9, 2004, and existing structures that are not legally occupied.”
When Pennsylvania enacted the statute, municipalities within the state had choices to opt in or out of the program, and most of these governments opted in (an estimated 92 percent), as did Quincy Township. To participate in the program, a cooperating municipality must have an accredited local code official to enforce these UCC standards. According to the state government website, if citizens have complaints about the administration of the code, the Department of Labor “has no authority to investigate and take action against zoning officers and their enforcement of locally enacted zoning ordinances.”
Quincy Township’s specific reference to Title 34 Part XIV Section 403.65 (part d) in the UCC states “a building code official may suspend or revoke a certificate of occupancy when…in violation of the Uniform Construction Code. Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals in accordance with Section 403.122 relating to appeals, variances, or extensions of time.”
Ken Myers is the Quincy Township administrator, and he answered questions by phone about the implementation of recent changes to the township’s utility collections and disconnection policies. When asked if any past due utility accounts had led to the condemnation of a township property, he stated that “several mostly vacant properties” had been condemned.
Regarding whether those completed condemnations involved any evictions of occupants, Myers responded: “Not to my knowledge.” However, Myers said “several pending” township overdue accounts could involve the eviction of occupants.
Myers also noted that the township has an appeals process and that the collection/disconnect policies will be administered evenly. He said by the time the process devolves to a condemnation/eviction stage, the account holder has received no less than five notices that have either been ignored or not acted upon to make payment or schedule a payment plan.
The PA-UCC Section 403.83 details the circumstances for “Order to show cause/order to vacate.” The wording notes the rights and responsibilities of each party, and although a building code official within a municipality “may initiate action to vacate or close a building…for violations of the Uniform Construction Code,” while doing so the ruling local government must issue an order to show cause that contains “a statement of the grounds of the action, the alleged violations of the Uniform Construction Code and notification that the building, structure, or equipment may be closed or vacated. The order to show cause shall contain notification that the owner or owner’s agent shall submit a written answer within 30 days. The building code official shall serve the order to show cause upon the owner or owner’s agent by certified mail or personal service.”
The township closed the email statement to residents by saying, “Come into the office to pay your bill or set up a payment plan, if necessary for your situation; the Township will work with you on that, unless you let it go too long. If you have questions or concerns about the process, please call the office at 717-762-5679. Thank you.”
