The following words, when used in this chapter, shall have the following
meanings ascribed to them in this section:
ACCOUNT
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.
ASHES
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.
BOROUGH
The Borough of Kutztown, County of Berks, Commonwealth of Pennsylvania.
BOROUGH COUNCIL
The Council of the Borough of Kutztown, County of Berks, Commonwealth
of Pennsylvania.
BOROUGH MANAGER
The Borough Manager of the Borough of Kutztown or the Borough Manager's
duly authorized representative.
DWELLING
A building containing one or more dwelling units.
DWELLING UNIT
A building or portion thereof having living, sleeping, cooking and
sanitary facilities which are independent from other like facilities.
GARBAGE
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.
HAZARDOUS MATERIALS/WASTE
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.
HOME MEDICAL WASTE
Hypodermic needles (sharps), dressings, wearing apparel, bedding
or other materials from homes or other places where highly infectious or contagious
diseases prevail.
INFECTIOUS WASTE
Material or waste as defined under Section 271.1 of Title 25, Environmental
Resources, of the Pennsylvania Code, as amended from time to time.
LARGE ITEMS
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.
MUNICIPAL WASTE
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.
PERSON
A natural person, firm, partnership, association, corporation, trust,
nonprofit organization, or other entity.
PREMISES
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.
RECYCLABLES
Such materials as are, from time to time, defined by resolution of
Borough Council as not to be collected as refuse.
REFUSE
Municipal waste, municipal waste-like residual waste and ashes, as
herein defined.
RESIDUAL WASTE
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.
RUBBISH
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.
YARD WASTE
Grass, leaves, garden residue, shrubbery, tree trimmings and similar
organic matter.
[Amended 7-13-1999 by Ord. No. 9-1999]
A. 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. 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.
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.