[Adopted 1-11-1984 by Ord. No. 164 (Ch. 20, Part 2, of the 1994 Code)]
[Amended 4-9-1986 by Ord. No. 187; 6-11-1986 by Ord. No. 189; 12-14-1994 by Ord. No. 94-5]
A fee or charge per annum for the collection of refuse and garbage is hereby imposed upon each residential and commercial customer or user entitled to service by the Township or the contractor for the Township who collects garbage and refuse.
[Added 6-11-1986 by Ord. No. 189; amended 5-10-2000 by Ord. No. 00-01; 2-13-2008 by Ord. No. 2008-03]
A. 
Bills for the refuse collection fee will be mailed to the customer or user at the owner's last address as shown on the records of the Township. The owners of the property serviced shall be primarily liable for the payment of the refuse fee.
B. 
Bills shall be rendered on an annual, semiannual or quarterly basis, as the Township shall from time to time establish by resolution. Said bills may be in the form as the Township may determine and may be combined with the same form as the Township uses to collect sewer service and maintenance charges.
C. 
If the full amount of the bill is not paid within 30 days from the date of the billing, a penalty of 10% shall be added to the amount due, and the amount of the billing and the amount of the penalty shall become the gross amount due.
[Amended 2-9-2011 by Ord. No. 2011-02]
D. 
Refuse charges imposed by the this article shall be a lien on the property serviced, and any such charges which remain unpaid shall be filed as a lien against the aforesaid property in the office of the Prothonotary of York County, Pennsylvania, and shall be entered and collected in the manner provided by law for the filing and collection of municipal claims. The liened amount shall include all penalties, interest as aforesaid, and all costs and attorneys' fees which shall be approved and adopted by resolution of the Board of Commissioners, as amended from time to time.
[Amended 2-9-2011 by Ord. No. 2011-02; 6-13-2012 by Ord. No. 2012-14]
E. 
Failure of any owner to receive a bill for refuse charges due to the failure of such owner to notify the Township of his correct address, or failure of any owner to receive a correct bill for refuse charges by reason of the failure of such owner to notify the Township of the use or uses and occupancy of the improved property or any portions thereof, shall not excuse nonpayment or failure to pay the amount which would be properly applicable to the use or uses and occupancy of the improved property.
F. 
The Township shall charge a fee of $10 for the certification of any refuse charge account. The Township is authorized to establish rules and regulations for the collection of the certification fee. The fee may be amended from time to time by resolution of the Board of Commissioners.
[Added 6-11-1986 by Ord. No. 189]
The Township shall have the right by resolution to modify the amount of the refuse collection and disposal charge established hereby. Such modifications shall be made on a calendar-year basis at the time of and in conjunction with the budgetary process for a succeeding calendar year.
[Added 6-11-1986 by Ord. No. 189]
Each owner of improved property shall give the Township written notice of his address, any change of address, and change of ownership and of the use or uses and occupancy of such owner's improved property, or any part hereof, or any changes in such use or uses and occupancy.
[Amended 6-11-1986 by Ord. No. 189; 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
Any person who shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, shall be sentenced to a term of imprisonment not to exceed 30 days. The Township Solicitor is authorized to take the appropriate legal proceedings to effect collection of said sums due or to impose the same as liens as provided for by law upon any property owned by persons utilizing the said garbage and refuse service located within the Township of Spring Garden.
[Added 1-14-2015 by Ord. No. 2015-01]
The Township shall be authorized to contract for refuse, garbage and recycling collection and require the contractor to bill and collect all refuse and garbage fees and charges. In the event the Township so elects to do so, the following billing and collection procedures shall be applicable and any regulations otherwise set forth in Article II contrary hereto shall not apply:
A. 
Each owner of a residential dwelling unit within the Township to which the contractor provides refuse, garbage and/or recycling collection shall be required to pay to the contractor a monthly, quarterly or semiannual fee for the collection, transportation and disposal of refuse and garbage as established by a contract to be entered into between the Township and the contractor pursuant to public bidding requirements. The Township accepts no responsibility whatsoever for the collection of the fee to be charged to the owner of each residential dwelling unit. The contractor shall be solely responsible for the collection of the monthly, quarterly or semiannual fees.
B. 
All fees which remain unpaid 30 days after the invoice date shall be deemed to be delinquent. All delinquent accounts shall have added to them a penalty of $10. Thereafter, the fee of $10 shall be imposed once during each quarter that the delinquent balance remains unpaid. The Township or contractor is authorized to waive such penalty in whole or in part, if either party believes it is in the best interest of the Township to do so.
C. 
If the owner of a residential dwelling unit shall fail to pay any charges or fees after the same become delinquent, the contractor is authorized to file a civil suit against the owner for the collection of refuse fees, related charges, penalties, and costs of collection, including reasonable attorney's fees, and an administrative fee of $50.