[Adopted 3-8-1954 by Ord.
No. 332, approved 3-9-1954]
Unless otherwise expressly stated, the following terms shall
have, for the purpose of this article, the meanings indicated in this
section:
Any person who owns, leases or has control of or occupies
real estate in the Borough of Middletown, Dauphin County, Pennsylvania.
Includes any natural person, firm, association, copartnership
or corporation.
[Amended 3-13-1967 by Ord. No. 510, approved 3-13-1967]
Any private dwelling, store, apartment, theater, manufacturing
plant, garage and any other building not herein specifically mentioned
to which the Borough of Middletown supplies electric current and in
or on which an electric meter for the measuring of the electric current
consumed therein is located.
[Amended 12-3-1990 by Ord. No. 1011, approved 12-3-1990; 2-7-1994 by Ord. No.
1054, approved 2-7-1994; 12-14-2010 by Ord.
No. 1275, approved 12-14-2010; 12-17-2013 by Ord.
No. 1301, approved 12-17-2013]
A.
There is hereby levied, assessed and imposed a service charge for
Borough purposes on occupiers of real estate in the Borough of Middletown
for the collection and removal of garbage, ashes, refuse, paper and
other debris from premises situated in the Borough of Middletown,
Dauphin County, Pennsylvania, with the rate as follows:
[Amended 11-3-2021 by Ord. No. 1381, approved 11-3-2021]
B.
All persons, except commercial users of electric current where no
garbage is collected, who are residents within the Borough of Middletown
shall be liable for said service charge. Occupiers of real estate
living in apartments shall severally be liable for said service charge,
each apartment being considered one unit of real estate, but no one
occupier of real estate shall pay more than one service charge.
[Added 12-14-1981 by Ord.
No. 806, approved 12-14-1981]
For administrative convenience, each dwelling unit may normally be identified in terms of and correlated with the Borough records relating to the electric meter applicable thereto. A "dwelling unit" for this purpose (as under § 260-12 of Chapter 260, Zoning) may be defined as one or more rooms used for living and sleeping purposes and having usually a kitchen with fixed cooking facilities, arranged for occupancy by one family. As applied over the years, therefore, one such service charge is levied against, inter alia, each dwelling unit. In the few instances where billing in terms of electric meters does not truly reflect and implement the purpose of said garbage and refuse service charges, the Borough Manager is hereby authorized to issue interpretive determinations. Any determination is to be noted in writing and made a permanent part of the specific account.
A.
Illustrative cases where such charges should not be billed to an
electric meter, hereby legally recognized because the meter is not,
in fact, related to the generation or collection of garbage or refuse
normally incident to a dwelling unit in the residential context usually
associated with these borderline cases, include the following:
(1)
A separate meter for a dusk-to-dawn light.
(2)
A separate meter applicable to the basement or furnace or hallway
of a residential property whose constituent dwelling units are each
appropriately metered.
(3)
A separate meter applicable only to a garage which is noncommercial
and of a type usually constructed as a building accessory to a residence
where the garage (often on a rental basis) is used solely for vehicle
parking.
B.
As further guidance for the issuance of interpretative determinations,
the principle is hereby enunciated that no single dwelling unit shall
be subject to more than the intended one such service charge usually
involved with the one meter typically associated with and applicable
to such dwelling unit.
[Amended 3-13-1967 by Ord. No. 510, approved 3-13-1967]
From and after April 1, 1954, the Borough Secretary of the Borough
of Middletown is directed to add, as a part of the regular monthly
bill for the consumption of electricity, the service charge herein
levied to said bill to be collected and to make return of said service
charge to the Treasurer of the Borough of Middletown not later than
the first day of the month following the month in which said service
charge is levied.
[Amended 3-13-1967 by Ord. No. 510, approved 3-13-1967]
If any service charge levied and assessed pursuant to this article
shall not be paid when due, a penalty of 10% of the amount of the
service charge due and unpaid shall be added thereto and collected.
[Amended 3-13-1967 by Ord. No. 510, approved 3-13-1967; 4-6-1987 by Ord. No.
943, approved 4-6-1987]
Any information obtained by the Secretary of the Borough or
any official or agent of the Borough of Middletown as a result of
any returns, investigations or verifications required or authorized
by this article is deemed confidential and shall not be required to
be disclosed except for official purposes or proper judicial order
or as otherwise provided by law. It shall further be the duty of any
of the above officials to report the names and addresses of any occupiers
of real estate whose names are not on the official records of the
Borough of Middletown for the purpose of maintaining a full and complete
list of all persons liable for said service charge.
[Amended 3-13-1967 by Ord. No. 510, approved 3-13-1967]
For the purpose of enforcing the payment of the service charge
levied or penalty imposed in accordance with the provisions of this
article, the Secretary of the Borough of Middletown shall have all
of the authority and power of a duly elected and qualified Tax Collector
and shall have a right to proceed to collect the service charge and
penalty by distraint or by action at law as other debts of like amount
are collected. All suits shall be brought in the name of the Borough
of Middletown. The Secretary of the Borough of Middletown may, with
the approval, by resolution, of the Borough Council of the Borough
of Middletown, appoint a deputy or assistant or as many deputies and
assistants as may be deemed necessary, who shall have all of the authority
given by the provisions of this section to the Secretary of the Borough
of Middletown.
[Amended 3-13-1967 by Ord. No. 510, approved 3-13-1967; 4-6-1987 by Ord. No.
943, approved 4-6-1987; 7-11-1988 by Ord. No.
972, approved 7-11-1988]
Any person convicted before the District Justice of failing
to pay the service charge imposed by this article or of interfering
with the duly authorized representatives or agents of the Borough
of Middletown when performing the duties imposed upon said representatives
or agents by this article shall be liable to a fine or penalty not
exceeding $1,000 for each offense, together with the costs of prosecution
thereof, and, in default thereof, to undergo imprisonment in the county
prison of Dauphin County, Pennsylvania for a period not exceeding
30 days. The fine or penalty hereby imposed shall be in addition to
any other penalty imposed by any other section of this article and
shall be paid to the Secretary of the Borough of Middletown for the
use of said Borough.
