[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 3-26-1996
as Section 1 of Ord. No. 4-1996. Amendments noted where applicable.]
The following words, when used in this chapter, shall have the following
meanings ascribed to them in this section:
An electric service customer account, or where such customer does
not purchase electric service, then it shall be the water service customer
account of a utility customer of the Borough of Kutztown.
The residue from the burning of wood, coal, coke or similar materials
used for heating and cooking purposes. It shall not include cinders produced
in steam-generating plants.
The Borough of Kutztown, County of Berks, Commonwealth of Pennsylvania.
The Council of the Borough of Kutztown, County of Berks, Commonwealth
of Pennsylvania.
The Borough Manager of the Borough of Kutztown or the Borough Manager's
duly authorized representative.
Those properties used primarily for commercial or industrial purposes.
A building containing one or more dwelling units.
A building or portion thereof having living, sleeping, cooking and
sanitary facilities which are independent from other like facilities.
The animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of goods. It shall not include free liquids. It shall
not include food-processing wastes from canneries, packing plants or similar
industries, nor large quantities of condemned food products.
Material or waste which presents a hazard to persons and/or the environment,
which are considered hazardous as defined under Sections 260.2 and 271.1 of
Title 25, Environmental Resources, of the Pennsylvania Code, as amended from
time to time, and/or are considered to be hazardous by definition of the statutes
and/or regulations of the Commonwealth of Pennsylvania and/or federal government
as amended from time to time.
Hypodermic needles (sharps), dressings, wearing apparel, bedding
or other materials from homes or other places where highly infectious or contagious
diseases prevail.
Material or waste as defined under Section 271.1 of Title 25, Environmental
Resources, of the Pennsylvania Code, as amended from time to time.
Those facilities that house or serve groups of people.
Those items of waste which are not included in refuse, yard waste,
hazardous materials/waste, home medical waste, residual waste, rubbish or
infectious waste, and are from time to time further defined by resolution
of Borough Council.
Any dwelling having three or more dwelling units.
Garbage, industrial lunchroom or office waste and other material,
including solid, liquid, semisolid or contained gaseous material resulting
from operation of residential, municipal, commercial or institutional establishments
and from community activities; and sludge not meeting the definition of "residual
waste" or "hazardous materials/waste" under this section from a municipal,
commercial or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility.
Materials or waste as defined from time to time by resolution of
Borough Council.
A natural person, firm, partnership, association, corporation, trust,
nonprofit organization, or other entity.
Any lot, or part thereof, or any land, or part thereof, or any building
or part thereof, located within the Borough of Kutztown, whether public or
private.
Such materials as are, from time to time, defined by resolution of
Borough Council as not to be collected as refuse.
Municipal waste, municipal waste-like residual waste and ashes, as
herein defined.
Material or waste as defined under Section 271.1 of Title 25, Environmental
Resources, of the Pennsylvania Code, as amended from time to time, and as
may be defined from time to time by resolution of Borough Council.
All waste materials not defined as "refuse" or "large items," including
but not limited to materials from building construction or demolition and
any other waste product as defined in Section 271.1 of Title 25, Environmental
Resources, of the Pennsylvania Code, as amended from time to time.
Grass, leaves, garden residue, shrubbery, tree trimmings and similar
organic matter.
A.Â
Collection and disposal by Borough or independent contractor.
[Amended 11-13-2001 by Ord. No. 11-2001]
(1)Â
The collection and disposal services provided by the Borough for refuse and large items shall be available for all properties in the Borough which are occupied, in any manner and in whole or in part, and all such properties are hereby required to be served by, and shall be liable for the fees and costs for, such collection and disposal services availability and/or use. All refuse and large items, except as provided for by resolution of Borough Council, excluding yard waste, accumulated in the Borough shall be collected, conveyed and disposed of by the Borough or by an independent contractor engaged by the Borough; except that in the case of yard waste, the person, but not including commercial lawn care providers, producing the yard waste shall transport and dispose of same pursuant to regulations adopted from time to time in accordance with § 185-2C of this chapter. No person other than the duly authorized employees of the Borough or of an independent contractor engaged by the Borough shall collect refuse or large items, other than yard waste, within the Borough; nor shall any person other than the duly authorized employees of the Borough or of an independent contractor engaged by the Borough haul any refuse or large items other than yard waste from any person or premises within the Borough or from any point within the Borough to any place or location outside the Borough limits. The fees and charges for the availability and use of such services shall be in accordance with § 185-7 of this chapter.
(2)Â
All rubbish shall be collected, conveyed and disposed
of by an independent contractor other than the Borough. Such independent contractor
shall be engaged by the person generating such waste.
B.Â
No refuse, large items, yard waste or other rubbish not
generated within the Borough shall be transported into the Borough for the
purpose of collection and/or disposal by the Borough.
[Amended 4-8-1997 by Ord. No. 7-1997]
C.Â
The Borough Manager shall administer the provisions of
this chapter and may make rules and regulations necessary for its administration.
Such rules and regulations shall not be in conflict with this chapter and
shall be submitted to the Council of the Borough of Kutztown for approval.
If the rules and regulations so submitted to the Council are approved by the
Council, by resolution, the same shall be filed in the Office of the Secretary
of the Borough of Kutztown.
D.Â
The Borough will not collect or remove from any premises
any rubbish, including but not limited to hazardous materials/waste, home
medical waste, residual waste, yard waste or infectious waste as defined and/or
listed as hazardous material/waste, home medical waste, residual waste, infectious
waste, yard waste or similar materials by the statutes or regulations of the
Commonwealth of Pennsylvania and/or the federal government.
E.Â
Municipal waste-like residual waste will be collected
by the Borough, upon compliance with the requirements for the collection of
municipal waste-like residual waste as established from time to time by resolution
of Borough Council.
F.Â
The Borough will not collect or remove from any premises
any recyclables pursuant to the terms of this chapter.
G.Â
The Borough reserves the right to inspect all materials
placed upon any premises within the Borough for collection by the Borough
and further reserves the right to require any person placing materials for
collection which may constitute hazardous materials/waste, home medical waste,
residual waste or infectious waste to have said materials tested, at no cost
to the Borough, by an entity approved and certified by the Commonwealth of
Pennsylvania and/or the federal government to determine whether the material
in question constitutes hazardous materials/waste, home medical waste, residual
waste or infectious waste.
A.Â
Separation. Refuse and large items shall be source-separated;
ashes shall be placed and maintained in separate containers.
B.Â
Preparation.
(1)Â
All garbage before being placed for collection shall
be drained of all free liquids and placed in a suitable container.
(2)Â
Ashes shall be placed in a separate container.
(3)Â
All cans, bottles or other containers, except such as
are defined as recyclables, shall be thoroughly rinsed and drained.
(4)Â
Home medical waste shall not be placed for collection
by the Borough.
(5)Â
Rubbish shall be separated from all refuse, and it shall be the responsibility of the generator of same to arrange for independent collection and disposal of rubbish by other than the Borough. The Borough will not collect rubbish and reserves the right to refuse any refuse which may contain rubbish. With respect to residual waste, the Borough Manager may permit persons to dispose of refuse in conjunction with their disposal of residual waste by regulations adopted from time to time in accordance with § 185-2C of this chapter.
(6)Â
Infectious waste shall be separated from all refuse and
it shall be the responsibility of the generator of same to arrange for independent
collection and disposal of infectious waste by other than the Borough. The
Borough will not collect infectious waste and reserves the right to refuse
any refuse which may contain infectious waste.
(7)Â
Neither materials nor containers shall exceed 50 pounds
in weight nor six feet in length, excluding large items.
C.Â
Containers for collection.
(1)Â
Refuse containers shall be made of metal or other durable
material having similar qualities, must be watertight and must be provided
with a tight-fitting cover, or may be a durable plastic bag which is securely
closed or fastened to prevent spillage; however, plastic bags shall not be
placed at the collection point more than 12 hours prior to the scheduled time
of collection. Paper bags, boxes and similar containers which are not water
resistant shall not be used unless same are placed within a container as described
above.
(a)Â
No person shall use for the reception of refuse any container having a capacity of more than 20 gallons; provided, however, that for industrial, commercial or multifamily establishments or facilities, the use of dumpsters may be permitted where the use of such dumpsters would promote the public health of the community and facilitate the removal of the refuse by Borough employees or by an independent contractor of the Borough by regulations adopted from time to time in accordance with § 185-2C of this chapter.
(b)Â
All refuse containers shall be kept as sanitary as possible
in view of the use to which they are put and shall be thoroughly cleansed
from time to time by the owner or user of the container after the refuse is
removed.
(2)Â
Ash containers shall be of metal and have a capacity
of not more than 20 gallons.
(3)Â
Refuse containers shall be as provided for in § 185-3C of this chapter which can be easily handled by one person, and each container, when filled, shall have a weight not in excess of 50 pounds.
(4)Â
All refuse containers shall be provided by the owner,
tenant, lessee or occupant of the premises where the refuse is generated.
(5)Â
All refuse containers shall be maintained in good condition.
Any container that does not conform to the provisions of this chapter or that
may have ragged or sharp edges or any other defect liable to hamper or injure
the person collecting the contents thereof shall be promptly replaced. Failure
to comply may result in refusal to collect or the removal of the defective
container as refuse.
(6)Â
Notwithstanding any other provision of this chapter,
any limitation in the size of refuse containers otherwise provided for in
this chapter shall not apply to containers commonly referred to as "dumpsters"
designed for the removal and/or emptying by a mechanism on a truck.
D.Â
Storing of refuse between collections.
(1)Â
No person shall place or store any refuse in or upon any street, alley or other public place or upon any private property, whether owned by such person or not, within the Borough except that such refuse shall be placed within a container meeting the requirements of § 185-3C. Plastic bags, paper bags, boxes and other similar containers shall not be used for the storage of refuse. No person shall throw or deposit or allow any refuse in any street, alley, stream or other body of water.
(2)Â
Any accumulation of refuse on any premises other than
for collection is hereby declared to be a nuisance and is prohibited. Failure
to remove any existing accumulation of refuse within 30 days after the effective
date of this chapter shall be deemed a violation of this chapter.
E.Â
Points of collection.
(1)Â
Refuse and large items shall be placed for collection at ground level on the premises at the rear or side alley or the street curbline or at such other location, other than within the cartway of a street or an alley, that is approved as the point of collection by regulations as may be adopted from time to time in accordance with § 185-2C of this chapter. Borough employees will not enter upon private property for the purpose of the collection of refuse or large items.
(2)Â
Items intended for collection but placed or remaining
at the collection site after a scheduled collection shall be removed from
the collection site prior to 10:00 p.m. on the date of the said collection.
Items intended for a scheduled collection shall not be placed at the collection
site for collection more than 12 hours prior to said collection.
(3)Â
Refuse and large items placed for collection and dumpsters shall be accessible for collection during adverse weather conditions. Accessibility for collection shall be the responsibility of the owner and/or occupant of the premises who generated and placed for collection the refuse and/or large items. In the case where refuse, dumpsters or large items are not accessible at the regular time of collection and a return to the premises is required for the purpose of collecting same, an additional charge shall be made to the owner or occupant of such premises in accordance with § A231-2 of Chapter A231, Fees.
A.Â
Frequency of collection.
(1)Â
Refuse will be collected twice each week unless directed
otherwise by the Borough Manager due to emergency conditions.
(2)Â
Hotels, restaurants and other such businesses and institutions,
when necessary to protect public health, may enter into an agreement with
the Borough for a greater frequency of collection.
(3)Â
Yard waste shall not be collected by the Borough. The person generating yard waste shall dispose of same by regulations as may be adopted from time to time in accordance with § 185-2C of this chapter.
(4)Â
Large items will only be collected upon prior request
to the Borough.
B.Â
Limitation on quantity.
(1)Â
It is the intent of this chapter that the reasonable quantity of refuse of each dwelling unit for the collection period will be collected for the standard charge as hereafter provided for in § A231-1.13, Ch. 185, Solid Waste, of Chapter A231, Fees. A reasonable quantity of refuse for each dwelling unit per collection shall not exceed three containers of not more than 20 gallons each of the type set forth in § 185-3C. The Borough Manager may refuse to collect amounts of refuse in excess of the quantity noted above in this section or may impose an additional charge for such additional quantity of refuse. Such additional charge shall be an amount as from time to time is determined by resolution of Borough Council.
(2)Â
When an industrial, commercial or multifamily dwelling places a number of containers for collection in excess of the number noted in § 185-4B(1) of this chapter, the premises may be required to utilize a dumpster of a certain size, when and as required by regulations adopted from time to time in accordance with § 185-2C of this chapter.
[Amended 6-20-2006 by Ord. No. 12-2006]
(a)Â
Upon notice to the property owner, the Borough reserves the right
to either place a dumpster or require its placement when it is determined
that the placement of said dumpster is necessary to adequately contain the
amount of refuse generated by the property.
(c)Â
Location; concrete pad.
[1]Â
The owner of the property will be responsible for providing a suitable location on the property for the dumpster and for installing a concrete pad and a mechanism to secure the dumpster in place between refuse collections. The concrete pad will meet the same construction specifications required for a public sidewalk as outlined in § 192-22D(7) of Chapter 192 entitled "Streets and Sidewalks," of the Code of the Borough of Kutztown. Recommended pad sizes are below:
[2]Â
An inspection of the installation shall be performed by Borough
Community Development and Public Safety Department and/or Borough Public Works.
(d)Â
The owner of the property may choose to provide the dumpster without a directive by the Borough as allowed under §185-3C, entitled "Containers for collection," of the Code of the Borough of Kutztown. The owner of the property will notify the Borough of the intent to place a dumpster and will adhere to installation requirements as outlined in Subsection B(2)(c) above. The owner will pay refuse collection fees to the Borough as outlined in § A231-1.13, Ch. 185, Solid Waste, of Chapter A231 of the Code of the Borough of Kutztown.
(3)Â
It is the intent of this chapter that large restaurants, hotels, apartment houses, and other businesses and institutions shall have their reasonable quantity of refuse for the collection period collected at a fair charge based upon the average weight or volume. Additional charges for such amounts shall be imposed as provided for in § A231-1.13, Ch. 185, Solid Waste, of Chapter A231, Fees.
A.Â
Whenever the Code Enforcement Officer believes or has
cause to believe that there has occurred and/or is continuing any violation
of the provisions of this chapter or any rules, regulations, or resolutions
adopted pursuant to this chapter, the Code Enforcement Officer shall give
notice of such violation to each person responsible therefor, and such notice
shall:
(1)Â
Be in writing and state the place and location of the
violation.
(2)Â
State the nature, condition and manner of the violation.
(3)Â
State the determination of the Code Enforcement Officer
with respect to the violation.
(4)Â
State the name of each person deemed responsible by the
Code Enforcement Officer for such violation, together with the name of the
owner of the property upon which the violation occurred and/or is located.
(5)Â
State the date of the notice and the period of time, if any, allowed for compliance with this chapter, as such period of time is specified in Subsection C of this section.
(6)Â
Be served upon the owner of the property involved and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and service of such notice shall be made upon the owner and each such other person, if any, either personally or by certified first-class mail, return receipt requested, postage prepaid, sent to the last known address of such owner and each such other person.
B.Â
The requirements for service of notice as contained in
this chapter shall apply only as to notification of the first occurrence of
any violation. The issuance of a notice thereafter regarding any repeated
occurrence of the same violation shall not be required prior to imposition
of penalties as provided for in this chapter.
C.Â
The period of time within which a person determined to be responsible, pursuant to Subsection A(4) of this section, for any violation shall comply with the specific provisions of this chapter, following the issuance of a notice, shall be the period of time determined by the Code Enforcement Officer, taking into consideration the nature of the violation and the degree of danger to public health and safety posed by such violation. The notice of any violation may require immediate compliance with this chapter (any such notice requiring immediate compliance hereinafter referred to as an "emergency order") when it is determined by the Code Enforcement Officer that the violation in question presents an immediate and present danger or nuisance to the health, safety and welfare of the public, and, in such case, notice of the violation constituting such emergency order may be verbal (which verbal notice shall thereafter be confirmed with a written notice) and shall be served personally upon the person, if available, who has caused, is responsible for or in control of said violation, and such notice constituting such emergency order may require the immediate correction and discontinuance of the violation and compliance with this chapter.
D.Â
Notwithstanding any such notice requirements of this § 185-5, when it is determined by an officer of the Kutztown Police Department that an immediate, present danger exists to the health, safety and welfare of the public, said officer shall enforce the provisions of this chapter being violated by verbal notice constituting an emergency order, without need for the issuance of any written notice of any violation.
[Amended 7-13-1999 by Ord. No. 9-1999]
A.Â
Any person aggrieved by a notice of violation, determination or order issued by the Code Enforcement Officer, or by any rule or regulation adopted pursuant to § 185-2C may appeal said notice, determination, order, rule or regulation to the Borough of Kutztown Code Appeals Board (Code Appeals Board) pursuant to the provisions set forth in Chapter 12 of the Code of the Borough of Kutztown.
B.Â
Any person to whom an emergency order to issued, pursuant to § 185-5C and 185-5D of this chapter, may file an appeal to the Code Appeals Board pursuant to the provisions contained in Chapter 12 of the Code of the Borough of Kutztown. However, such appeal shall not excuse the need for immediate compliance with such emergency order, nor shall such appeal serve as a supersedeas to the immediate effectiveness of the emergency order.
A.Â
The fees for the availability and use of the Borough's collection and disposal services for refuse and large items shall be as provided for in § A231-1.13, Ch. 185, Solid Waste, of Chapter A231, Fees. Each account shall be charged the appropriate monthly fees, pursuant to § A231-1.13, Ch. 185, Solid Waste, of Chapter A231, Fees, for each and every month, notwithstanding the quantity or frequency of usage of the refuse collection services. In accordance with the authority contained in § 185-2C of this chapter, the Borough may prescribe means for charging the appropriate monthly fees, other than charging each account for the availability and/or use collection and disposal fees, including, but not limited to, those instances involving a property having multiple dwellings or multiple uses.
[Amended 11-13-2001 by Ord. No. 11-2001]
B.Â
Refuse and large item collection customer accounts of
the Borough shall be considered delinquent if the fees are not paid by the
twentieth (20th) day of the month following the month in which the collection
service is rendered.
C.Â
A penalty in an amount equal to 10% shall be added to
delinquent accounts.
A.Â
Any person, whether as premises owner or occupant, principal
agent or employee, violating or assisting in the violation of any of the provisions
of this chapter or of any resolution made by the Borough Council or any regulation
made by the Borough Manager under the provisions hereof shall, in each case
upon conviction thereof, pay a fine of not less than $50 nor more than $1,000
and, in default of the payment of such fine and costs of prosecution, shall
be imprisoned in the Berks County Prison for a period of not more than 30
days. After the expiration of the compliance period set forth in any notice
of violation, each notice, each day that any person shall neglect to comply
with the provisions of this chapter or any resolution or regulation promulgated
pursuant to this chapter, shall be deemed a separate offense, and separate
proceedings may be instituted and separate penalties imposed for each day
that such offense shall continue.
B.Â
Notwithstanding the imposition of any penalty hereinabove
prescribed, upon the neglect, failure or refusal of any person to comply with
the requirements of this chapter, following the expiration of the period of
time, if any, set forth in any notice of violation of this chapter, the Borough
may, but shall not be required to perform or cause the performance of work
or other actions necessary to remove, correct, remedy, alter or otherwise
abate the conditions which constitute the violation of this chapter. Any person
who is found to have violated any provisions of this chapter shall, in addition
to the penalties provided for herein, bear all costs incurred by the Borough
in the event that the Borough has elected to perform or cause to be performed
any such remedial action. Any such costs may be collected by the Borough from
any such person in the manner provided by law.
It is the intention of Borough Council that each separate provision
of this chapter shall be independent of all other provisions herein, and it
is further the intention of Borough Council that if any of the provisions
of this chapter be declared to be invalid, all of the other provisions hereof
shall remain valid and in force.
