[Adopted as Ord. No. 17-1994 (Ch. 15, Art. II, Div. 2, of the
1979 Code]
As used in this Article, the following terms
shall have the meanings indicated:
The residue from burning of wood, coal, coke and other combustible
materials for the purposes of heating and cooking. It shall not include
the cinders produced in steam generated plants.
The City of Scranton, Pennsylvania, the Mayor and the City
Council of Scranton.
That individual, partnership, firm, corporation or business
entity designated by the City to collect and dispose of City refuse.
A class of premises not used as dwelling units.
A dwelling unit in a house or row of houses. A dwelling unit
being defined as a building thereof with exclusive culinary and/or
sanitary facilities designed for occupancy and use by one person or
one family household.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
more than a minimal amount of free liquids. It shall not include food-processing
waste from canneries, packing plants or similar industries, nor large
quantities of condemned food products.
Garbage and ashes as herein defined.
The process of collecting refuse and garbage within the City
of Scranton, including, but not by way of limitation, landfill tipping
costs, employees' salaries, employees' benefits and other costs incidental
thereto.
A.
All City residential refuse accumulated in the City
shall be collected, conveyed and disposed of by the City.
B.
Commercial nonresidential enterprises or a residential
enterprise of six or more EDU's in one building or residential clusters,
must provide refuse removal by a private licensed hauler.
C.
The collection and disposal of refuse in the City
shall be under the supervision of the Director of the Department of
Public Works. He shall have the authority to make regulations concerning
the days of collection, type and location of waste containers and
such other matters pertaining to the collection and disposal as may
be deemed advisable, and to change and modify the same after notice
as required by law, provided that such regulations are not contrary
to the provisions hereof.
D.
Ownership of refuse materials set out for collection
shall be vested in the City.
E.
It shall be unlawful for any person, other than such
persons as are duly authorized by the City, to collect and haul refuse
within or from the City so as to avoid payment of the refuse collection
charge as provided for herein.
[Amended 2-8-1995 by Ord. No. 8-1995; 1-24-1996 by Ord. No.
25-1996; 1-15-1997 by Ord. No. 9-1997; 2-8-1999 by Ord. No.
9-1999; 2-7-2000 by Ord. No. 9-2000; 1-29-2001 by Ord. No.
7-2001; 2-4-2002 by Ord. No. 9-2002; 1-27-2003 by Ord. No.
110-2003; 1-29-2004 by Ord. No. 7-2004; 1-20-2005 by Ord. No.
97-2005; 1-26-2006 by Ord. No. 5-2006; 1-18-2007 by Ord. No.
77-2007; 1-29-2008 by Ord. No. 9-2008; 1-20-2009 by Ord. No.
53-2009; 1-26-2010 by Ord. No. 6-2010; 1-18-2011 by Ord. No.
6-2011; 1-12-2012 by Ord. No. 6-2012; 11-15-2012 by Ord. No. 68-2012; 1-30-2014 by Ord. No.
5-2014; 1-29-2015 by Ord. No. 78-2015; 1-14-2016 by Ord. No. 5-2016; 5-26-2016 by Ord. No. 27-2016; 1-5-2017 by Ord. No. 79-2017; 3-5-2018 by Ord. No. 4-2018; 5-7-2018 by Ord. No. 17-2018; 3-25-2019 by Ord. No. 59-2019; 4-28-2020 by Ord. No. 6-2020;[1] 12-8-2020 by Ord. No.
36-2020; 2-2-2021 by Ord. No. 48-2021;[2] 12-14-2021 by Ord.
No. 100-2021[3]]
The fee for waste collection and disposal costs, hereafter referred
to as the "refuse fee," shall be as follows:
A.
The property owner is responsible for the payment of the refuse fee
for each equivalent dwelling unit (EDU) he/she owns. The refuse fee
set herein provided may be paid by the owner, tenant, lessee, or occupant
of a particular dwelling unit but shall be the ultimate responsibility
of the property owner.
B.
The annual fee for each EDU shall be $300.
(1)
If the annual waste disposal fee is paid in full on or before April
15 of the year in which the fee is due (or, if April 15 falls on a
Saturday, Sunday, or legal holiday, the next business day), or two
months after the date of the tax notice which includes the annual
waste disposal fee, whichever is later, the payer may take a 10% discount
from the annual fee.
[Amended 1-31-2023 by Ord. No. 49-2023[4]]
[4]
Editor's Note: This ordinance provided an effective date of
1-1-2023.
C.
The annual refuse fee of $300 shall be imposed for 2024 for all applicable
property units as defined herein in conformity with the payment schedule
for real estate taxes. The discount of 10% shall be applied for payments
received on or before the deadline for the discount period. No penalty
shall be assessed for payment received in full on or before the deadline
for real estate taxes.
[Amended 12-12-2023 by Ord. No. 106-2023]
D.
The Director of the Department of Public Works may discontinue all
refuse collection service to any delinquent account. If service is
stopped, service will be resumed only on payment of all accumulated
fees during the delinquent period as well as all interest and penalties
assessed against the account.
E.
Any person whose refuse is not being collected by the City under
terms of this chapter shall furnish a notarized affidavit to the Director
of the Department of Public Works and which describes the method and
means of disposal of their garbage/ashes and which affidavit shall
also include a statement of the reasons for which said person is not
having his/her garbage/ashes disposed of by the City under the terms
of this chapter.
[Amended 12-8-2020 by Ord. No. 36-2020]
A.
Any dwelling unit which is totally unoccupied and which generates
no refuse for an entire consecutive six-month or twelve-month period
in a calendar year shall be exonerated from the charges as herein
provided. Such exoneration shall be granted only after:
B.
The City shall have the right to inspect and verify the occupancy
status of any property for which an exoneration request is made.
C.
An exoneration given for one six-month period shall reduce the yearly
fee by 50%. An exoneration given for an entire calendar year shall
reduce the fee by 100%.
D.
The City shall establish administrative procedures for collecting
the refuse fee and granting exonerations.
E.
The City Council shall, from time to time, adopt and promulgate rules
and regulations setting forth the terms, conditions, and administrative
procedures for levying and collecting of the waste disposal collection
fee.
[Amended 12-8-2020 by Ord. No. 36-2020]
A.
Any person, whether as principal, agent or employee, violating or
assisting in violation of any provisions of this article or of any
regulation made by Council, or the Director of the Department of Public
Works under the provisions hereof, shall, upon conviction thereof
before a District Justice, pay a fine of not less than $500 and not
more than $1,000 and, in default of the payment of such fine and costs
of prosecution, shall be imprisoned in the county jail for a period
of not more than 30 days.
B.
Giving false information to City officials in order to avoid or reduce
payment of the within fees shall constitute a separate offense which,
upon conviction thereof before a District Justice, shall be punishable
by a fine of not less than $500 and not more than $1,000 and, in default
of the payment of such fine and costs of prosecution, shall be imprisoned
in the county jail for a period of not more than 30 days.
