[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.
