[Adopted 12-29-2009 by Ord. No. 5-2009]
A.
8 Pa.C.S.A. § 1202(8) provides that the Borough has the
specific power to make regulations for the care and removal of garbage
and other refuse material, including the imposition and collection
of reasonable fees and charges therefor.
B.
This article provides for the establishment of a system for garbage
collection services, payment for this service, the exemption of certain
units and the establishment of penalties for violations of the article,
all of which are in furtherance of the Borough's obligation to provide
for the health and welfare of the Borough of Summit Hill and its residents.
As used in this article, the following terms shall have the
meanings indicated:
Any residue resulting from the burning of wood, coal or other
combustible material.
Items of refuse only picked up during fall/spring cleanup,
including, but not necessarily limited to: tires, tires rims, auto
body parts (not including gas, oil or batteries), refrigerator, freezers,
vending machines, dehumidifies, water colors, water coolers, heat
pumps, washers, dryers, and stoves, provided all doors are taken off
and chemicals removed. This definition all includes "dried-up" paint/paint
cans.
The storage, collection, disposal or handling of any garbage,
rubbish, ashes and refuse being collected under this article.
The semiannual collection of certain items of refuse not
collected during the ordinary weekly collection process along with
twice the number of refuse normally collected during weekly collection
services.
All animal, fish, fruit, vegetation matter and wastes created
and/or resulting from the handling, preparation, cooking and consummation
of food.
Any unit including rooms, apartments, houses, or other dwellings
capable of being occupied as living quarters unless otherwise exempt
as set forth in this article.
Any structure or cluster of structures under one ownership
housing in excess of 25 household units.
Any unit not occupied as living quarters but capable of being
occupied for other commercial, business, retail or industrial purposes,
including, but not limited to: restaurants, bars, public services
facilities, nonprofit organizations, professional offices, retail
stores, schools and all other establishments not specified herein
unless otherwise exempt as set forth in this article.
The record owner of any real estate from which garbage, rubbish,
ashes and refuse is collected, including but not limited to corporations,
LLCs, partnerships, trusts, associations and natural persons.
Any solid wastes, except body wastes, including garbage,
ashes and rubbish.
Any and all glass, metal, paper, rags, planting growth, solid wastes, cartons, clothing, shoes, straw, tin cans, plastics, grass, weeds, brick, tile, china, seashells, lawn trimmings, baskets, furniture/furnishings or other waste materials which result from the ordinary conduct of housecleaning. This definition shall not include those items which are the subject of the Article I of this chapter.
Any one item of the following which may be placed with the
weekly collection refuse: Christmas tree, furniture, one container
of house debris from structural renovations.
A.
The cost of the services provided by the Borough of Summit Hill for
the collection and disposal of refuse under this article shall be
fixed from time to time by the Borough Council of Summit Hill and
shall be borne and paid by the owner of premises from which refuse
is required to be collected and from any owner who is not exempt from
payment.
B.
The Borough Council is hereby authorized to contract for the performance
of the services provided by this article and to award a contract therefor
from time to time for such period of time as shall be determined by
the Borough Council. The contract shall require the contractor to
assume all responsibility for the collection of refuse in the Borough
of Summit Hill in accordance with the provisions of this article and
any regulations, orders, and specifications provided under the authority
thereof, and to convey, dump and dispose of all such refuse at a place
approved by the Commonwealth of Pennsylvania, Department of Environment
Protection and any and all other governmental agencies, federal, state
and local, which are required to give approval for the collection
and disposal of garbage and to fix and regulate in a manner not inconsistent
with the terms of this article, and the manner, method and time of
collecting and conveying refuse, the type of equipment required for
the purpose and price to be paid for the performance of said contract
and the time or times for the payment thereof.
C.
Unless otherwise exempt, all household and nonhousehold units within
the Borough of Summit Hill shall dispose of all refuse by the municipal
collection services contracted for by the Borough of Summit Hill,
and no household or nonhousehold units shall transport or dispose
of refuse by any means not approved by the Council.
D.
No garbage, rubbish, ashes or refuse shall be dumped or disposed
of within the limits of the Borough of Summit Hill.
A.
Separation of refuse. All garbage, rubbish, ashes and refuse shall
be included in the regular municipal collection service unless included
in the Borough's recycling program. It shall not be necessary for
any refuse to be separated unless it is as a result of compliance
with the recycling program.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Preparation of refuse.
(1)
All garbage, rubbish and unrecyclables, before being placed in cans
for collection, shall have drained from them all free liquids.
(2)
Tree trimmings, hedge clippings and similar materials shall be cut
to length not to exceed five feet and must be securely tied in bundles
not more than two feet thick before being deposited for collection.
C.
Refuse containers.
(1)
Receptacles for garbage and rubbish shall be made of metal or plastic,
must be water tight and be provided with a tight fitting cover.
(2)
No person shall use for the disposal of garbage, rubbish or refuse
any receptacle having a capacity of more than 20 gallons.
(3)
All receptacles for garbage, rubbish and refuse shall be kept as
sanitary as possible in light of the use to which they are put.
(4)
Ash receptacles shall be of metal or plastic and have a capacity
of not more than 20 gallons.
(5)
All receptacles used for the collection of garbage, rubbish and refuse
and ashes shall be maintained in good condition.
(6)
All receptacles used for the collection of garbage, rubbish and refuse
and ashes shall be supplied by the owner, tenant, occupant or lessee
of the premises.
A.
Point of collection. All refuse receptacles shall be placed for collection
at ground level on the property not within the right-of-way of a street
or alley and accessible to and not more than 10 feet from the side
of the street or alley from which collection is made.
B.
Limitation on quantity.
(1)
It is the intent of this article to provide for reasonable accumulation
and collection of refuse during the collection period for the standard
charge customarily set for the service provided.
(2)
No reduction in charges shall be made to any owner based on not maximizing
the services provided for by the Borough.
C.
Time for placement for collection. No garbage, rubbish, ashes or
refuse shall be placed or allowed to be placed for collection on any
street, alley, sidewalk or curb or between the sidewalk or curb prior
to 12:00 p.m. on the day preceding the scheduled collection day at
that location. Empty receptacles shall be removed from the area from
which collection occurred by 7:00 p.m. following collection.
A.
It shall be unlawful for any person to collect any refuse from any
of the streets or alleys of the Borough of Summit Hill or dispose
of any refuse accumulated in said Borough in any manner not approved
of in this article, any contract awarded or subsequent regulations.
B.
It shall be unlawful for any person to place any refuse in any street,
alley, or other public place or upon private property, whether owned
by such person or not, within the Borough, unless in proper receptacles
for collection. No person shall throw or deposit any refuse in any
stream or other body of water or on any Borough street or other public
property.
C.
It shall be unlawful for any person to allow any accumulation of
refuse on any property in the Borough of Summit Hill other than for
the purpose of collection in the manner provided by this article,
any contract awarded or by special regulation of the Borough Council.
Any unauthorized accumulation of refuse on any property is hereby
declared to be a nuisance and is prohibited. Failure to remove unauthorized
accumulation of refuse within five days of notice to the owner shall
be deemed a violation of this article.
D.
It shall be unlawful for any person, other than the occupants of
the property on which refuse receptacles are stored, or the collector,
to remove the covers of any of the refuse receptacles or to remove
the refuse stored in such containers.
E.
It shall be unlawful to place in any containers provided for regular
collection any wearing apparel, bedding, or refuse from premises where
highly infectious or contagious diseases have prevailed, or any highly
inflammable or explosive refuse.
F.
It shall be unlawful to dump, burn, bury or destroy or otherwise
dispose of refuse within the jurisdictional limits of the Borough
of Summit Hill.
H.
It shall be unlawful for any person to place a refuse for collection at a location other than where permitted in § 415-29A.
I.
It shall be unlawful to place refuse created at one property for
collection at another property.
A.
The fees for the collection and disposal of refuse shall be determined
each year by resolution of the Council of the Borough of Summit Hill.
B.
All bills for the collection and disposal of refuse shall be awarded
either monthly, quarterly, semiannually or annually, as determined
by the Council of the Borough of Summit Hill.
C.
All bills rendered will be due on the date set forth on the bill.
D.
All bills shall be payable at the Borough Municipal Building, 40
West Amidon Street, Suite 3, Summit Hill, Pennsylvania, or any other
location designated by the Borough.
E.
In the event an owner pays the entire annual bill or pays quarterly
through the use of the Borough's electronic billing (e-billing) program,
the owner shall be entitled to a 5% discount on the entire amount
paid; electronic billing must be selected by January 1 of the billing
year.
[Amended 1-14-2013]
F.
All bills whether rendered monthly, quarterly, semiannually, or annually
shall be considered delinquent if not paid by the due date set forth
on the bill. Any bill not paid by the due date will be classified
as delinquent and subject to a penalty of 20% of the base value of
the bill.
[Amended 1-14-2013; 2-27-2017 by Ord. No. 3-2017]
G.
If a delinquent account, including all penalties, is not paid in
full within 60 days from the due date, the Borough shall have the
right to:
(1)
Forward the delinquent account to the Borough Solicitor or collection
agency of such unpaid accounts and penalties, including the filing
of a municipal claim against the subject property;
(2)
File an action in assumpsit for such unpaid accounts;
(3)
Seek an additional penalty of 25% of the unpaid accounts and delinquency
penalties to cover the costs of attorney fees.
[Amended 7-22-2019 by Ord. No. 2-2019]
H.
All bills for collection and disposal of refuse shall be rendered
to the owner of the property, notwithstanding that the owner may not
occupy the property. In the event the property is a rental property,
it shall be the responsibility of the owner of the property to seek
payment from the tenant, lessee or occupant. The Borough of Summit
Hill will not render garbage bills to anyone other than the owner
of the property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Carbon County.
