[Adopted 9-9-2004 by Ord. No. 14-2004[1]]
[1]
Editor's Note: This ordinance, as amended,
was reenacted 11-5-2008 by Ord. No. 7-2009, which stated that it would
be effective from 1-1-2009 to 12-31-2009 and annually for each calendar
year thereafter. Ordinances adopting subsequent reenactments are on
file in the Borough offices.
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Moosic, County of Lackawanna and State of
Pennsylvania.
A building used for residential purposes, including trailers,
single-family dwelling units and multifamily dwelling units.
Those businesses producing more than five twenty-gallon containers
of refuse, and/or any businesses that are located in a structure that
has two or more separate and distinct businesses.
Business generating no more than five twenty-gallon containers
of refuse per week. It shall be restricted to those businesses that
are one-business structures, self-contained within the building.
Any person, firm or partnership, association, company or
organization of any kind.
All putrescible and nonputrescible solid wastes (excluding
body wastes), including rubbish and ashes. Refuse shall exclude any
appliances, large items of furniture and any construction or reconstruction
debris, tires, demolition debris, and any other similar type items
which are not normal household waste.
The Borough Tax Collector.
A.
The fees for collection of refuse from residential
properties shall be at the rate of $150 per dwelling unit per year.
[Amended 1-6-2020 by Ord. No. 7-2020; 12-13-2022 by Ord. No. 2-2023]
B.
The fees for collection and disposal of refuse from
light commercial properties shall be at the rate of $150 per dwelling
unit per year.
[Amended 1-6-2020 by Ord. No. 7-2020; 12-13-2022 by Ord. No. 2-2023]
C.
The Borough of Moosic shall not collect refuse generated
from heavy commercial businesses.
D.
The fee herein provided for shall be collected and/or
paid on an annual basis by the owner and/or tenant of the real estate
on which the dwelling unit or business is located and shall be made
payable to the Tax Collector of the Borough of Moosic.
E.
Any fee unpaid after May 1 of each year shall be delinquent. Delinquent accounts will be subjected to prosecution before the local District Justice for the collection of the fee, fine and costs in accordance with § 255-19, Violations and penalties.
F.
All delinquent fees shall be assessed a five-percent
late penalty and shall be assessed interest of 12% per annum.
G.
Exonerations. Any dwelling unit or business which
is totally unoccupied and which generates no refuse for an entire
quarter shall be exonerated from the charges as herein provided for.
Such exoneration shall be granted only after the owner has filed an
affidavit with the Borough certifying to such occupancy (for purposes
of this subsection, a "quarter" shall be defined as any one of the
following three-month calendar periods: January, February, March;
April, May, June; July, August, September; October, November, December).
Said exoneration shall be at the rate of $27.50 per quarter.
A.
All refuse accumulated on residential property or
light commercial business in the Borough of Moosic, and all other
refuse agreed to be collected by the Borough of Moosic, shall be collected
conveyed and disposed of by the Borough of Moosic.
B.
Borough Council shall, from time to time, adopt and
promulgate additional rules and regulations setting forth the terms,
conditions and administration procedures for levying and collecting
fees pursuant to this article.
C.
The Tax Collector shall receive the sum of $1,000
per annum for service rendered in collecting fees pursuant to this
article.
A.
Every person, business and/or corporation from which
refuse is being collected shall provide and keep at all times their
refuse in a portable metal can or equivalent plastic receptacle which
shall be watertight and with handles on the outside and a tightly
fitting cover to hold said refuse.
B.
Any and all table waste shall be stored in a plastic
bag prior to being deposited in the receptacle.
C.
All refuse cans or receptacles shall be kept in a
sanitary condition.
D.
Refuse shall be collected at least once a week.
E.
No garbage or refuse material shall be allowed to
accumulate on the ground nor be deposited on the highways, streets,
alleyways, vacant lots, commons, or streams located within said Borough.
F.
Any refuse for collection shall be set out no earlier
than 6:00 p.m. of the day preceding the refuse pickup.
G.
Said refuse for pickup shall be placed on the curb
and shall not be placed on the roadway.
A.
If a resident requests the Borough to pick up refuse
other than normal household refuse, the individual shall contact the
Borough of Moosic and make arrangements for said pick up
B.
If the Borough arranges to remove said refuse, other
than refuse as defined herein, said refuse shall be placed on the
curb no earlier than 6:00 p.m. prior to the day the refuse is scheduled
to be picked up.
C.
For any refuse, other than household refuse as defined
herein, the property owner or homeowner shall pay the appropriate
charge for the removal of said items prior to removal by the Borough
of Moosic.
D.
The Borough may refuse to remove refuse other than
refuse as defined herein if the appropriate Borough officials or employee
deems it to be inappropriate, unsafe or hazardous.
Any person, firm or corporation violating any provision of this article shall, upon conviction before a local District Justice, be sentenced to pay a fine of not more than $600, plus costs and costs of prosecution, for refuse collection fees referred to in § 255-15 hereinabove; further, in default of payment of such fine, fee and costs of prosecution, to be imprisoned for not more than 30 days; provided, further, that each day's violation of any of the provisions of this article shall be constituted as a separate offense.
The Borough Council reserves the right to amend
this article or any portion thereof from time to time as it shall
deem advisable in the best interest of the promotion of the purposes
and intent of this article, and the effective administration thereof.
