[Amended 11-23-2011 by Ord. No. 6-2011]
The following words and phrases shall have the
indicated meanings when used in this chapter unless otherwise specified.
CITY'S CONTRACTOR
Any proprietor, partnership or corporation contracted by
the City of Monessen, or its designee, to collect and make proper
disposition of solid waste, recyclables or leaf wastes.
CLEANUP SERVICE
That specific solid waste collection service which provides
for a single building, the once-in-a-while hauling and disposal of
a substantially larger volume of solid waste than is permissibly placed
on curbside for routing weekly collection, and which is qualified
in terms of truckloads; which is usually but not necessarily generated
and accumulated over a period of months as opposed to days; and which
includes furniture or furnishings, appliances, or construction materials.
COLLECT/COLLECTION
Where it is used to describe the collection of solid waste,
recyclables, or leaf waste, shall mean the act of any person in traversing
to another person's place of abode or business and receiving or taking
possession of their solid waste, recyclables, or leaf waste, and subsequently
disposing the same material by landfilling, incinerating, composting,
marketing, or other method which serves to remove the material from
the place from which it was generated and to provide a destination
for the materials at a place other than where they were generated.
DELINQUENT ACCOUNT
An account for which the fee for that service period remains
unpaid, in full or in part, after December 31 of the year to which
the fee applies.
[Added 11-23-2011 by Ord. No. 6-2011]
DESIGNEE
Any person, committee, or municipal authority given charge
or authority by the City to develop or implement the City's solid
waste/recycling program.
FEE
The annual garbage collection fee as detailed in §
331-6.
[Amended 11-23-2011 by Ord. No. 6-2011]
HOUSEHOLD
One or more persons living within the same dwelling unit.
[Added 11-23-2011 by Ord. No. 6-2011]
LEAF WASTE
Organic plant materials and wastes including hedge, bush
and tree trimmings, leaves, and garden wastes, but not including grass
clippings.
MULTIUNIT STRUCTURE
A structure with more than one unit. The intended use of
the units within the structure may be exclusively residential, exclusively
business, or used or intended for another purpose, or a combination
thereof.
[Added 11-23-2011 by Ord. No. 6-2011]
OCCUPYING/OCCUPIED
To be found to be habitating or using or to have habitated
or used any building or portion of any building as living, working
or warehousing quarters, for any time whatsoever within the service
period.
OWNER
The person in whose name the property is last registered,
if registered according to law, or, if not registered according to
law, the person whose name last appears as an owner of record on any
deed or instrument of conveyance recorded in the office of the Recorder
of Deeds of Westmoreland County. In all other cases, "owner" shall
mean any person in open, peaceable and notorious possession of the
property, as apparent owner or owners thereof, or the reputed owner
or owners thereof, in the neighborhood of such property.
[Amended 11-23-2011 by Ord. No. 6-2011]
PERSON
A corporation, partnership, association, commercial entity,
industrial entity, or other business entity, as well as a natural
person, including the owner(s) of the premises, unless the text of
a section specifies otherwise.
[Added 5-19-2010 by Ord. No. 6-2010; amended 11-23-2011 by Ord. No.
6-2011]
RECYCLABLES/RECYCLABLE MATERIAL
Those waste items identified by the City or its designee
as recyclable and to be separated from solid waste in accordance with
the City's recycling program.
ROLL-OFF BOX SERVICE
Solid waste collection services, characterized by the utilization
of a collection vehicle having a chassis without a permanently affixed
container box, which is mechanically designed to carry and routinely
unload and load upon its chassis a 20 or 30 cubic yard container box,
which box is usually delivered to a place to be loaded and picked
up once loaded, and limited to only that service which is required
by any person for a specific cleanup or construction/demolition project
and not required for the routine collection and disposal of the indefinitely
recurrent generation of daily or weekly refuse from the day-to-day
operation of any dwelling unit or commercial enterprise.
SERVICE
Solid waste, recyclables, or leaf waste collection service.
SERVICE PERIOD
The period beginning January 1 and ending December 31, annually.
SOLID WASTE
All garbage, refuse, rubbish, ashes and grass clippings,
including, but not limited to, all items normally found around the
household.
TREASURER
The Treasurer of the City of Monessen and employees of the
Office of the City Treasurer of the City of Monessen.
UNIT
An area or collection of rooms which is self-contained and
intended for use by a single household, business or enterprise. The
definition applies whether or not the unit is occupied or unoccupied.
The following rules of construction and interpretation shall apply
to the assessment of the fee:
[Added 11-23-2011 by Ord. No. 6-2011]
A.
A single-family dwelling shall constitute one unit.
B.
In a multiunit structure, the number of units assessed with
the fee shall equal the total number of units within the structure.
C.
A nursing home, a personal care home, a boardinghouse and a
hotel shall constitute one unit, provided no cooking facilities exist
within individual rooms, apartments, suites, or other quarters in
such structures. The owner of such a unit shall be responsible for
disposal of solid waste and collection and disposal of recyclables
from the unit.
[Amended 12-23-2004 by Ord. No. 16-2004; 11-18-2009 by Ord. No. 7-2009; 11-23-2011 by Ord. No. 6-2011]
A. The fee is hereby levied upon each unit in the City for the purpose
of providing the monies necessary to provide collection service for
solid waste, recyclables and leaf waste for the service period from
January 1, 2012, to December 31, 2012, and subsequent service periods
until this section is amended.
(1) The fee shall be $155, if paid in full on or before January 31 of
the year to which the fee applies.
(2) The fee shall be $175, if unpaid on January 31 and if paid in full
by the last day of February of the year to which the fee applies.
(3) The fee shall be $195, if unpaid by the last day of February and
if paid in full between March 1 through December 31 of the year to
which the fee applies.
B. If a change of owner or change in occupancy of a unit occurs after January 1 of the current service period, and the fee for the current service period has not been paid, the owner shall pay the fee within 30 days after the date of the change of owner or occupancy of the unit in the applicable amounts set forth in Subsection
A(1),
(2) or
(3) above.
C. The Council of the City of Monessen is authorized to modify the fee
amount by ordinance or resolution at such times as Council may deem
appropriate.
[Amended 11-23-2011 by Ord. No. 6-2011]
A. The owner of a unit(s) on November 1 of the year prior to the current service period shall be responsible to pay the garbage fee levy according to the schedule set forth in §
331-6A, unless that owner produces a recorded deed identifying a different owner in whom title vested on or before January 1 of the current service period.
B. Upon a change of owner during the service period, the new owner shall be jointly and severally responsible with the prior owner for payment of the fee for the current service period in accordance with the schedule of payments in §
331-6A.
[Amended 11-23-2011 by Ord. No. 6-2011]
A. The City Treasurer shall administer and collect the fee. Persons responsible for paying the fee shall pay the fee to the "City of Monessen." The Treasurer shall issue bills to persons responsible to pay the fee as outlined in §§
331-6 and
331-7.
B. Any delinquent account is subject to collection as provided by law.
C. Neither the City Treasurer nor any other City official or employee
is authorized to grant any refund after the fee has been paid.
[Amended 11-23-2011 by Ord. No. 6-2011]
Nothing in this article is intended to prevent an owner from
seeking reimbursement of the cost of the garbage fee levy from any
tenant, lessee or occupant of a unit. Further, nothing in this article
shall be construed to prevent a transferor and transferee of a unit(s)
from prorating the fee for the current service period with the other
party to the transfer.
[Amended 11-23-2011 by Ord. No. 6-2011]
A. It is the responsibility of every person who is subject to paying
the fee, but who has not received a bill from the Treasurer, to notify
the Treasurer that he, she, or it is so subject and should receive
a bill.
B. The Treasurer's failure to issue a fee bill for a unit shall
not relieve the owner from payment of the fee, or from being subject
to all provisions of this article.