[Adopted 12-3-1959 (Ch. 73 of the 1976 Borough Code)]
As used in this article, the following terms shall have the
meanings indicated:
The residue from coal or other fuel.
The animal or vegetable refuse from the use of foodstuffs,
such as meats, fish, fowl, fruits or vegetables, and shall include
waste vegetables from gardens. It shall not include the bodies of
dead animals or the excreta from animals or humans, solid or liquid,
or bottles, containers and cans.
Includes bottles, clothes, rags, shoes, leather, carpets,
broken glass, crockery, tin cans, metals, rubber, discarded Christmas
trees, gutter sweepings, cut grass, leaves, such floor sweepings as
may accumulate in connection with the ordinary conduct of private
dwellings and like materials and, when tied in separate bundles, paper,
small branches from shrubs and vines. It shall not, however, include
any material whatsoever in the nature of earth, stone, sand, lumber,
brick, plaster or other substances that may accumulate as a result
of building operations, nor will it include garbage or dead animals.
The Borough Council of the Borough of Penndel, Bucks County,
Pennsylvania, shall enter into a contract for the minimum period of
one year, which said period shall commence on the first day of January
and shall terminate on the 31st of December. Such collection provided
by the Borough shall be made in accordance with the regulations hereinafter
set forth. Fee collection shall be in accordance with regulations
hereinafter set forth.
Regulations governing the collection of garbage, rubbish and
ashes provided by the Borough shall be as follows:
A.
Collections shall be made from every residence in said Borough at
least one time each week; provided, however that, if that day of the
week is a legal holiday, that collection shall be made on the next
day. Such collections shall not be made earlier than 6:00 a.m. nor
later than 6:00 p.m. prevailing time.
[Amended 10-5-1981]
B.
Garbage containers. Garbage shall be placed in metal containers having
tight-fitting lids. The weight of such containers, together with the
content of such containers, shall not exceed 50 pounds.
C.
Rubbish and ash containers. Ashes or rubbish, when practical, shall
be placed in containers, preferably of metal, which containers, together
with their contents, shall not weigh more than 50 pounds. Papers shall
be tied in separate bundles and laid alongside the containers. Trimmings
(small branches from bushes, shrubs, vines, etc.) not in a container
shall likewise be tied in separate bundles and laid alongside the
containers. Christmas trees may be put out for collection whole during
the first two weeks of January of each year of the contract, and the
collector may collect the same in open vehicles. The collector shall
not be under any obligation to collect Christmas trees at any time
other than the periods hereinabove specified; provided, however, that
the collector may, at his option, designate a certain day or days
during such periods for the collection of Christmas trees and, upon
the collector's giving reasonable notice as may be calculated
to inform residents of the designated day or days, collect Christmas
trees on that day or days only, and the collector shall be under no
obligation to collect Christmas trees at any other time if he shall
exercise the option herein set forth.
D.
Ashes and rubbish shall not be mixed with garbage.
E.
Limitation on amount to be collected. In any one collection at any
residence, there shall be not more than four containers containing
not more than 50 pounds per container, including garbage, rubbish
and ashes, for each place of residence. A place of residence shall
be construed to be a set of rooms occupied by a single family unit
as a home. When single buildings shall contain more than one such
unit, the applicable weight limits for the building shall be the weight
limit for each place of residence multiplied by the number of units
in such building.
[Amended 3-9-1976; 11-4-1985 by Ord. No. 85-3]
F.
Location of containers. Receptacles/containers shall be placed between
the sidewalk and the curb by 6:00 a.m. on the scheduled day of collection
but shall not be so placed prior to 5:00 p.m. on the day before collection.
In areas where there are no sidewalks or curbs, containers shall be
placed near the edge of the cartway of the street upon which the residence
fronts, having due regard that such containers shall not interfere
with traffic on the street or obscure the vision of persons using
the street. Containers shall be removed from the edge of the street
as soon after collection as may be practical under the circumstances.[1]
G.
Collection vehicles. Vehicles used for the collection of garbage,
rubbish and ashes shall be modern, sanitary and of tight construction,
so as to prevent liquids from running therefrom and to prevent garbage,
rubbish and ashes from falling therefrom, and shall have bodies which
are completely and tightly enclosed, except for loading ports, which
loading ports may be tightly closed when such vehicles are not being
loaded.
H.
Manner of collections. All collections shall be made without unnecessary
noise. It shall be the duty of the collector to make the collection
in a neat and orderly manner and to leave empty containers in an upright
position with lids placed on garbage containers. Loading ports shall
be tightly closed when the vehicle is not being loaded.
I.
Disposal of matter collected. It shall be the sole responsibility
of the collector to secure a place or places to dispose of or dump
garbage, rubbish and ashes, and the Borough shall have no responsibility
or liability whatsoever in obtaining such disposal place or places
or in the manner in which the collector disposes of the matter collected.
In securing such disposal place or places, the collector shall not
violate any ordinances or resolutions of the Borough of Penndel.
[Amended 3-9-1976; 11-7-1977]
Advertising for bids for the collection of garbage, rubbish
and ashes in the Borough of Penndel, as herein regulated, shall be
once a week for two successive weeks in a newspaper of general circulation
in the Borough, said advertisements appearing in the months of September
and/or October of the years in which the existing contracts for garbage
collection expire.
[Amended 3-9-1976]
Bids shall be received at the next public meeting of the Borough Council following the last advertisement required by the provisions of § 340-4. The acceptance of bids shall only be made by public announcement at the meeting at which bids are received or at a subsequent meeting, the time and place of which shall be publicly announced when bids are received. The contract may be awarded to the lowest responsible bidder by resolution, which resolution shall authorize the execution of the contract in the name of and on behalf of the Borough of Penndel, Bucks County, Pennsylvania, with the signature of the President of the Borough Council, and shall be attested with the signature of the Borough Secretary and by affixing thereto the Seal of the said Borough. Nothing herein contained shall be construed to require that any such bid be accepted or any contract awarded, and there is hereby expressly reserved to the Borough Council of said Borough the right to reject any and all bids or to waive such informalities in bids as may lawfully be waived. The bid papers and instructions to bidders shall be on file at the office of the President of the Borough Council and may be examined at that place Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m.
[Amended 11-4-1985 by Ord. No. 85-3]
The provisions of this article shall apply to the collection
of garbage, rubbish, ashes and refuse provided by the Borough and
the fee collection regulations for the same. Other collections may
be made under and subject to the provisions and regulations of other
ordinances and resolutions of the Borough.
[Added 11-4-1985 by Ord. No. 85-3]
A.
Fee. The Borough Council may from time to time impose reasonable
fees and charges for the collection of ashes, garbage, rubbish and
refuse. Said fee shall be set from time to time by resolution of the
Borough Council, based upon the cost of the collection contract, the
cost of fee collection and a reasonable reserve to cover unanticipated
expenses and uncollected fees.
B.
Collection. The fee shall be collected by such person and in such
names as designated from time to time by the Borough Council. Said
person may be a Borough employee.
C.
Costs, penalty, and interest to be added to unpaid refuse collection
charge.
[Amended 7-2-2018 by Ord.
No. 2018-3]
(1)
Penalty. Fees not paid within 30 days from the due date shall be
subject to a penalty of 10% if not paid within 30 days after they
are due unless otherwise reduced by resolution of the Borough Council.
If not paid within 60 days after becoming due, the bill plus the penalty
shall bear interest from the due date at the rate of 10% per annum
or fraction thereof until paid.
(2)
The reasonable and necessary out-of-pocket charges, costs, expenses,
commissions and fees incurred in collection, such as, but not limited
to, postage, title searches, prothonotary fees and sheriff fees, shall
be added to the unpaid claims.
(3)
Attorney's fees, as established by a fee schedule approved from
time to time by resolution of the Borough Council, shall be added
to the unpaid claims.
(4)
Every claim of the Borough for unpaid refuse collection charges,
together with penalties and interest, as well as other out-of-pocket
charges and attorney's fees described in this section, shall,
as provided by law, become a lien upon the property served, and, if
not paid within 60 days from the due date, may, at the discretion
of Borough Council, be filed as a municipal claim in the Court of
Common Pleas for Bucks County and collected in the manner provided
by law for the filing and collection of municipal claims, or may be
collected by an action in assumpsit commenced by the Borough against
the owner.
D.
Collection procedures to recover attorney's fees and costs.
[Amended 7-2-2018 by Ord.
No. 2018-3]
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The following collection procedures are hereby established in
accordance with the Municipal Claims and Tax Liens Act:[1]
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(1)
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Borough or its designee
shall mail or cause to be mailed, by certified mail, return receipt
requested, a notice of such intention to the property owner or owners
or other entity liable for the account.
(2)
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the Borough or
its designee shall mail or cause to be mailed, by first-class mail,
a second notice to the property owner.
(3)
All notices required by this subsection shall be mailed to the property
owner's last known post office address as recorded in the records
of the Bucks County Board of Assessment, or its successor entity.
(4)
Each notice as described above shall include the following:
(a)
The type of charge, the date it became due and the amount owed,
including penalty and interest;
(b)
A statement of the Borough's intent to impose or assess
attorney fees within 30 days after the mailing of the first notice,
or within 10 days after the mailing of the second notice;
(c)
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account; and
(d)
The place or manner of payment for accounts and the name and
telephone number of the Borough representative designated as responsible
for collection matters.
(5)
The procedures set forth in this subsection shall only apply to a
claim to include attorney's fees and costs and shall have no
bearing on a claim for the underlying municipal claim.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
E.
Enforcement. In addition to the penalties otherwise provided by this
article, the Borough shall be entitled to pursue all common law and
statutory remedies available to it to ensure the collection of this
fee, including but not limited to an action in assumpsit, filing a
municipal lien and other proceeding in accordance with the Municipal
Claims Act.[2]
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or imprisonment for a term not to exceed 30
days, or both, at the discretion of the court. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.
