Effective January 1, 1989, there is hereby imposed a monthly charge
on each single-family dwelling unit situated in the Borough of Freedom, which
charge is imposed by reason of the cost of the removal of garbage or rubbish,
or both, by the duly authorized garbage collector for the Borough of Freedom
or by borough employees. The monthly charge for said garbage and rubbish collection
service shall be paid in advance monthly, quarterly, semiannually or yearly
at the Borough Office in an amount to be determined from time to time by the
Borough Council of the Borough of Freedom.
All garbage and rubbish collection and disposal fees imposed by the
borough shall be billed to the individual property owner regardless of the
number of dwelling units within the property, unless said property owner files
a claim for exemption on a form to be provided by the Borough Secretary alleging
that the garbage and/or rubbish collection service provided by the borough
is not being utilized at said dwelling unit. Such a claim for exemption shall
only be granted by the Borough Secretary when the dwelling unit is unoccupied
for a continuous period of three (3) months or more, in which event the monthly
charges will be waived for the period of the vacancy. The failure of the occupants
of a single-family dwelling unit to put out any garbage or rubbish for collection
during one (1) or more collection periods shall not be considered as the basis
for an exemption unless the unit is unoccupied for a period of three (3) months,
or more, as aforesaid. The owner of record of said property shall be considered
to be liable and responsible for the payment of said garbage and rubbish collection
charges, including all late fees, penalties and costs of collection.
The monthly charge for each single-family unit in apartment buildings
having six (6) or more residential apartments shall be in an amount to be
determined from time to time by the Borough Council of the Borough of Freedom
and shall be subject to the following conditions:
A. That each such apartment building has a garbage and rubbish
compactor system in use.
B. That the compactor packages containing both garbage and
rubbish are placed at one (1) single pickup location on the premises.
C. That the garbage collector only has to make one (1) stop
per week to pick up all compactor packages at each such apartment building.
It is hereby declared to be the legislative intention of the Borough
Council of the Borough of Freedom that self-hauling of garbage and rubbish,
or removal by persons other than the duly authorized garbage collector or
borough employees, shall not constitute a good and sufficient reason for the
issuance of an exemption from the provisions of this Article.
Any delinquent charge or charges for garbage and rubbish collections
imposed by the Article shall be a lien upon the premises where the single-family
dwelling unit or units are located and may be collected as provided by law
for the collection of municipal charges, including penalties, interest and
costs, or may be filed as a municipal lien against premises of the owner or
owners thereof.
No owner or occupier of any single-family dwelling unit shall bring
garbage or rubbish into the borough for removal by the borough's authorized
garbage collector nor permit any other person to deposit garbage or rubbish
with said owner's or occupier's garbage or rubbish for collection
by the borough's authorized garbage collector.
Any person violating any provisions of this Article shall, upon conviction
thereof before any District Justice, be sentenced to pay a fine for each and
every such violation of not more than six hundred dollars ($600.) and costs
of prosecution and, in default of payment of such fine and costs, be sentenced
to imprisonment in the Beaver County Jail for not more than thirty (30) days.