A. 
Nothing contained in this chapter shall be construed to interfere with or in any way modify the provisions of any existing contracts which are in force in the Borough of Hanover on the effective date of this chapter.
B. 
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, storage, transportation, processing and disposal of recyclables shall be entered into after the effective date of this chapter, unless such renewal or such contract shall conform to the requirements of this chapter.
A. 
No person shall violate any portion of this chapter.
B. 
Prosecution under this chapter shall be instituted by any Borough official and shall be filed in the name of the Borough of Hanover, York County, Pennsylvania.
C. 
Enforcement shall be by an action brought before a Magisterial District Judge in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, as calculated under Chapter 1, Article I, General Penalty, as amended. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 454(c) relating to trial in summary cases.
D. 
In addition to or in lieu of an enforcement action before a Magisterial District Judge, the Borough may enforce this chapter in equity. In the event an abatement notice has been issued, which is being violated, or in any other appropriate circumstance, any Borough official is hereby authorized on behalf of the Borough to institute an action in equity for an injunction to enforce compliance herewith and/or to restrain continuous violations of this chapter.
E. 
For purposes of this section, the doing of any act or thing prohibited by any provision of this chapter, or the failure to do any act or thing as to which any provision of this chapter created an affirmative duty, shall constitute a violation of this chapter, punishable as herein stated.
F. 
In addition to all remedies at law or in equity provided by the ordinances and Code of the Borough of Hanover and the laws of the Commonwealth of Pennsylvania, the Borough shall be authorized to cease providing municipal waste and recyclables collection, removal and disposal services to property owners who fail to pay for such services at the rates and in the manner provided herein or by resolution of the Borough Council or who are otherwise in violation of applicable Borough ordinances, regulations, or resolutions. This subsection shall not allow property owners to avoid participation in the Borough's municipal waste collection program or avoid liability for the fees established thereunder by ceasing to pay said fees or otherwise being in violation of applicable Borough ordinances, regulations and/or resolutions.
[Added 12-28-2011 by Ord. No. 2180]
This chapter repeals the previously enacted Ordinance No. 916 (Chapter 71) and any other ordinance or part thereof with which it may conflict.
This chapter shall become effective five days from the date of enactment.
[Added 12-28-2011 by Ord. No. 2180]
A. 
Beginning January 1, 2012, the fees imposed by the Borough of Hanover for the collection, removal and disposal of municipal waste and recyclables and the tipping fees imposed for the disposal of solid waste at the Borough transfer station shall be in accordance with rates to be established by resolution(s) adopted from time to time by the Council of the Borough of Hanover. The fees imposed for special pickups at individual properties shall be set and administered as set forth in Subsections C through G below.
[Amended 7-22-2015 by Ord. No. 2225]
B. 
The materials to be collected by the Borough under its recyclables collection program shall be established by resolution(s) adopted from time to time by the Council of the Borough of Hanover.
C. 
The Borough shall require payment in advance of cost recovery fees for the cost of providing public works services for special pickups of municipal waste at individual properties. The Borough's good faith estimate of costs will be provided upon request of the property owner or occupant of the property at which the special pickup is desired after Borough staff consults with the Borough Department of Public Works. A minimum disposal fee equal to the rate for one hour of special labor shall be the minimum fee estimated/imposed. The Borough Council may from time to time establish by resolution the appropriate minimum disposal fee and the rate for special labor for a special pickup. Requests for special pickups can be made at the Borough of Hanover Municipal Building at 44 Frederick Street, Hanover, Pennsylvania, in person and by phone at (717) 637-3877 or by calling the Borough Department of Public Works at (717) 632-3939.
[Added 7-22-2015 by Ord. No. 2225]
D. 
The Borough shall provide the good faith estimate of costs prior to the property owner or occupant scheduling the special pickup of municipal waste at an individual property. Upon scheduling a date and time for a special pickup of municipal waste, the property owner or occupant shall be required to remit payment of the entire amount estimated and requested by the Borough. No such special pickup of municipal waste will be scheduled without remittance, in full, of the payment requested by the Borough.
[Added 7-22-2015 by Ord. No. 2225]
E. 
Within 15 days of the execution of the special pickup by Borough staff, the Borough will provide a statement of the costs incurred by the Borough as a direct result of the special pickup. The Borough's actual costs shall be no less the minimum disposal fee set forth in Subsection C hereof.
[Added 7-22-2015 by Ord. No. 2225]
F. 
Should the actual costs of the special pickup exceed the costs estimated by the Borough and payment remitted by the property owner or occupant, the Borough shall issue an invoice to the property owner or occupant for whom the special pickup was executed for the balance of the costs, which invoice shall be paid within 30 days of the invoice date. Failure of a property owner or occupant to pay said invoice within 30 days of the invoice date shall subject the property owner or occupant to penalties as established in this chapter or as otherwise set forth in the Code of the Borough of Hanover and/or the laws of the Commonwealth of Pennsylvania. In addition, any invoice for a special pickup of municipal waste which has not been paid within 30 days of the invoice date shall accrue interest at the rate of 6% per annum.
[Added 7-22-2015 by Ord. No. 2225]
G. 
Should the actual costs of the special pickup total an amount less than that of the estimate provided by the Borough and payment remitted by the property owner or occupant for whom the special pickup was executed, the Borough shall issue a refund to the property owner or occupant for the balance of the overpayment within 30 days of the date of Borough statement of costs provided to the property owner or occupant.
[Added 7-22-2015 by Ord. No. 2225]