[HISTORY: Adopted by the Borough Council of the Borough of
Northampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-7-2011 by Ord. No. 1178]
This article shall be known as the "Borough of Northampton Municipal
Solid Waste Ordinance."
The following words, when used in this article, shall have the
following meanings ascribed to them except in those instances where
the context clearly indicated otherwise:
The residue from the burning of wood, coal, coke or combustible
materials.
The location and time for each customer in the Borough at
which collection services are performed, as hereinafter set forth.
The fruit and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods and the residue from
the fruit trees located on the premises.
Any solid waste which is within the definition of "hazardous
waste" set forth in Section 103 of the Solid Waste Management Act,
Act of July 2,1980, P.L. 380, No. 97.[1]
Any small business that pays a fee to the Borough for collection.
Examples include: insurance office, professional office, investment
office, small banks, etc.
A natural person, firm, co-partnership, association, school,
church, institution, or corporation, or other lawful entity.
A notice to the public or persons affected to be done by
newspaper of local distribution.
Newsprint, telephone books, aluminum cans, amber, green and
clear glass, PET/HDPE plastic beverage containers, large appliances
(white goods), and bimetal cans.
Garbage, ashes, rubbish and riffraff as herein defined.
Any person residing in the Borough.
Any single-family, double-family or apartment dwelling, churches,
convents, cemeteries, and buildings owned by the municipality.
All waste material which is too large for collection in a
twenty-gallon container. Examples include: furniture, toilets, sinks,
tubs. Will be limited to one item per week per resident. One bundle
construction debris per week not exceeding 50 pounds or three feet
in length.
Paper, rags, street sweepings, dead animals, excelsior, straw,
boxes, old clothes, old shoes, leather scrap, oil cloth, carpet, grass,
trash and any and all other inflammable waste materials which result
from the ordinary conduct of housekeeping.
Garbage, ashes, rubbish, riffraff, hazardous waste, white
goods, and recyclable materials.
Refrigerators, freezers, air conditioners, hot water tanks,
stoves, dishwashers, washers, dryers, and will be picked up on a call
to the Borough Office. All Freon must be professionally removed and
a sticker applied stating that all Freon has been removed.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
Storage of municipal waste. It shall be the duty of every owner of
property and every person occupying any dwelling unit, premises or
place of business within the Borough where municipal solid waste is
produced and is accumulated, by his own expense and cost, to provide
and keep at all times, a sufficient number of containers to hold all
municipal solid waste which may accumulate during the intervals between
collection of such municipal solid waste by an authorized solid waste
collector.
B.
Storage on residential properties.
(1)
Containers. All municipal solid waste accumulated by owners of each
property and/or the occupants of residential properties shall be placed
in containers for collection by an authorized collector. The containers
shall be durable, watertight, and made of metal or plastic. Securely
tied plastic bags may be used in cases where such bags can be used
without being torn open by domestic or wild animals. The size of each
such container shall not exceed a thirty-gallon capacity.
(2)
Location of containers. Each municipal solid waste container shall
be located so as to be accessible to the collector at ground level
and at a point on the curbline of the street, or within no less than
10 feet of the public street or alley right-of-way from which collection
from a vehicle can be made, unless specific alternate arrangements
are made with the collector. Failure to place containers at such locations
may result in discontinuance of service. Said containers shall be
removed from the above collection locations immediately after collection.
C.
Storage on commercial, institutional and industrial properties.
(1)
Containers. Storage of municipal solid waste on commercial, institutional
and industrial properties shall be placed in the same type of containers
as are required for residential properties except where the accumulation
for each commercial, institutional or industrial property precludes
their use, in which case such owner or occupant shall make special
arrangements with the authorized collector for the storing of such
additional quantities. Such special arrangements shall include the
following:
(a)
The type of special bulk container to be furnished by the collector
and as may be approved by the Borough.
(b)
The number of such containers shall be agreed to between the
collector and such owner or occupant of the commercial, institutional
or industrial property to be used in any collection period.
(2)
Location of containers. Containers for collection at commercial,
institutional and industrial properties shall be located on such premises
at a place agreed upon by such owner or occupant of the commercial,
institutional and industrial property and the authorized collector
and shall not be unsatisfactory to the Borough. Such locations shall
not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways or entrances and exits of public or private
buildings. Said containers shall be removed from the above collection
locations immediately after collection.
D.
E.
Transportation of solid waste. Any person transporting solid waste
within the Borough shall prevent or remedy any spillage from vehicles
or containers used in the transport of such solid waste.
F.
Disposal of municipal solid waste.
(1)
Designated facilities. All municipal solid waste produced, collected,
and transported from within the jurisdictional limits of the Borough
shall be, to the extent permitted by law, either recycled or disposed
of at Pennsylvania State-permitted disposal site(s) designated by
the collector.
(2)
If the Borough designates the disposal facilities as provided for
above, all authorized collectors and other interested persons shall
be informed by the Borough of the location and other information pertaining
to the designated disposal facilities to be used for the disposal
of municipal solid waste collected, transported, removed and disposed
of from within the Borough.
G.
Exclusions.
(1)
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting municipal solid waste
from hauling his own municipal solid waste on an irregular and unscheduled
basis, to a state-permitted disposal facility.
(2)
The provisions of this article do not apply to anything but the storage,
collection, transportation and disposal of municipal solid waste and
do not apply, therefore, to hazardous or residual solid waste as defined
by the Pennsylvania Solid
Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
H.
Regulations. Borough Council may, by resolution, from time to time,
authorize a collection point or container for use of residents of
the Borough for depositing such items of municipal solid waste, refuse,
and/or solid waste as may be designated in said resolution. It shall
be a violation of this section for any person other than such other
persons as may be designated in the resolution authorizing the collection
point or container to deposit any item at the collection point or
container and for any person to deposit at such collection point or
container any item other than such item designated in the resolution
authorizing the collection point or container.
I.
Collection reports. Solid waste collector is required to provide
to the Borough a monthly report for the mainstream solid waste collection
and a separate monthly report for the mainstream recyclable collection.
J.
Violations and penalties; remedies.
(1)
Any person who shall violate any provision of this section shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600; and/or imprisonment for a term not to exceed 30 days. Every
violator of the provisions of this section shall be deemed guilty
of a separate offense for each and every day such violation shall
continue and shall be subject to the penalty imposed by this section
for each and every such separate offense.
(2)
In addition to the foregoing penalty, the Borough may require the
owner or occupant of a property to remove any accumulation of solid
waste and should said person fail to remove such solid waste after
10 days following written notice, the Borough may cause the solid
waste to be collected and disposed of with the costs for such actions
to be charged to the owner or occupant of the property in a manner
provided by law; including, but not limited to, attorney fees, costs
and all municipal expenses expended to remediate the foregoing.
K.
Dumping and depositing of solid waste.
(1)
Depositing on street, highways and alleys prohibited. It shall be
unlawful for any property owner, real estate occupier, lessee, tenant,
householder or other person or persons to deposit, store, throw, place,
dump or cause to be deposited, stored, thrown, placed or dumped, any
garbage, rubbish or refuse on any street, state highway, federal highway
or private alley or other public property within the Borough.
(2)
Penalty. Any person, who shall violate any provision of this subsection
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600; and/or to imprisonment for a term not to exceed 30
days.
A.
Borough of Northampton, Northampton County, Recycling Program. The
Borough hereby establishes and implements a source separation and
collection program for recyclable materials in accordance with Act
101 (the Municipal Waste Planning, Recycling and Waste Reduction Act[1]). The source separation and collection program shall include
the following regulations:
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
Administration. The Borough Council shall establish and promulgate,
by resolution, reasonable regulations as to the manner, days and times
for the collection of recyclable materials in accordance with the
terms for the collection of recyclable materials in accordance with
the terms hereof and any other matters required to implement this
section. The Borough Council may inspect all containers, vehicles,
equipment, transfer stations, disposal sites books and records pertaining
to recycling, all authorized collectors, storers, processors and disposers
are subject to inspection by the Borough.
C.
Criminal penalties. Any person who violates any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine,
plus costs of prosecution, of $600.
A.
Imposed upon residents. The fees and payment intervals for collection
and disposal of solid waste and refuse within the Borough limits shall
be imposed upon the owner of each residential property, as provided
in the current fee schedule, which shall be amended and adopted by
resolution of Borough Council from time to time. Public notice of
the fee schedule shall be made by the Borough Council.
B.
Collection of fees. All such owners shall pay collection fees at
the following rates:
(1)
A base fee of $305 per year is due and payable on or before March
31 of the collection year.
(2)
Early payment discount. The base fee shall be reduced $25 if paid
on or before February 15 of the collection year.
(3)
Senior discount. Seniors who are of the age of 65, prior to the commencement of the collection year, who also own and live in their home, shall receive a discount of $30 from the base fee. Said payment is due and payable on or before March 31 of the collection year. Seniors who are entitled to receive said discount are also entitled to the early payment discount, as set forth in Subsection B(2) above.
(4)
If no payment is received on or before March 31, of the collection year, such payment shall be considered delinquent and shall be subject to collection procedures as set forth in Subsection C below.
(5)
If a property becomes subject to delinquency of the fee imposed by
this section during a calendar year, said property will be assessed
an initial 10% penalty. Interest will be assessed upon delinquent
municipal claims at a rate of 10% per annum, and added to the Borough's
claim.
(6)
Fees to be added to the unpaid claims. The Borough hereby approves
the following fee schedule for the collection of the unpaid claims,
which fees shall be added to the unpaid claims.
[Added 4-16-2015 by Ord.
No. 1201]
(a)
Notice expense. A charge, not to exceed $50 plus postage, shall
be added to the unpaid claims for providing notice of delinquency
pursuant to § 7101 of the Act. The Borough may hire a private
company to perform this service and add the amount of this charge
to the unpaid claims.
(b)
Legal fees.
|
Type
|
Fee
|
|---|---|
|
Initial review and sending first demand letter
|
$160
|
|
File lien and prepare satisfaction
|
$250
|
|
Prepare writ of scire facias
|
$250
|
|
Obtain reissued writ
|
$30
|
|
Prepare and mail letter under Pa. R.C.P. 237.1
|
$30
|
|
Prepare motion for alternate service
|
$250
|
|
Obtain vehicle identification number (VIN) for mobile home
|
$35
|
|
Prepare discovery in preparation for trial
|
$100
|
|
Prepare pretrial memorandum
|
$150
|
|
Prepare motion for judgment for want of sufficient affidavit
of defense pursuant to 53 P.S. § 7271
|
$150
|
|
Prepare default judgment
|
$175
|
|
Prepare writ of execution
|
$800
|
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
|
|
Continue sheriff sale
|
$50
|
|
Prepare petition to assess damages
|
$50
|
|
Prepare petition for free and clear sale
|
$400
|
|
Services not covered above
|
At an hourly rate between $60 and $275 per hour
|
(c)
Collection fees.
|
Type
|
Fee
|
|---|---|
|
Bookkeeping fee for payment plan of 3 months or less
|
$25
|
|
Bookkeeping fee for payment plan of more than 3 months
|
$50
|
|
Guaranteed payoff fee
|
$25
|
|
Handling fee for returned check
|
Bank charge, if any
|
(7)
Costs to be added to the unpaid claims. In addition to the fees set forth in Subsection B(6) above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, and sheriff fees, shall be added to the unpaid claims.
[Added 4-16-2015 by Ord.
No. 1201]
(8)
Credit card and debit card charges. The Borough and any attorney
or private collector collecting the unpaid claims on behalf of the
Borough are hereby authorized to accept payment of the unpaid claims
by credit card or debit card. Where payment is made by credit card
or debit card, any fees charged by the credit card or debit card company
and/or the credit card or debit card servicing agent shall be charged
immediately to the credit card or debit card used to make payment.
This applies to credit card or debit card payments made by mail, telephone,
over the internet, or in person.
[Added 4-16-2015 by Ord.
No. 1201]
(9)
Collection Procedures. The following collection procedures are hereby
established in accordance with the Act.
[Added 4-16-2015 by Ord.
No. 1201]
(a)
At least 30 days prior to assessing or imposing attorney fees
in connection with the collection of an unpaid claim 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 other entity liable for the account (the "property
owner").
(b)
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.
(c)
All notices required by this section shall be mailed to the
property owner's last known post office address as recorded in
the records or other information of the Borough or such other address
obtained by the Borough from the county tax assessment office.
(d)
Each notice as described above shall include the following:
[1]
The type of municipal claim or other charge, the year that it
became due and the amount owed, including penalty and interest;
[2]
A statement of the Borough's intent to impose or assess
attorney fees no earlier than 30 days after receipt of the first notice,
or no earlier than 10 days after receipt of the second notice;
[3]
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account; and
[4]
The place of payment for accounts and the name and telephone
number of the Borough's representative designated as responsible
for collection matter.
(10)
Related action. The proper officials of the Borough are hereby
authorized and empowered to take such additional action as they may
deem necessary or appropriate to implement this section.
[Added 4-16-2015 by Ord.
No. 1201]
(11)
Appointment of Solicitor. The Borough appoints Michelle R. Portnoff,
Esquire, as Solicitor for the limited purpose of collecting the unpaid
claims and hereby authorizes her, and attorneys under her supervision,
to sign any and all documents, including municipal claims and liens,
on behalf of the Borough.
[Added 4-16-2015 by Ord.
No. 1201]
(12)
Inconsistent ordinances. All ordinances or parts of ordinances
conflicting with any of the provisions of this section are hereby
repealed insofar as same affects this section.
[Added 4-16-2015 by Ord.
No. 1201]
(13)
Effective date. This section shall become effective immediately
upon adoption.
[Added 4-16-2015 by Ord.
No. 1201]
C.
Enforcement of collection.
(1)
All bills for solid waste collection and recycling shall be due and payable as set forth in the preceding Subsection B. Any payment deemed delinquent pursuant to Subsection B shall be a municipal lien on such property charged with the payment thereof and the proper officers of the Borough are authorized and directed to do all things and to take any action provided by law to enforce collection of delinquent fees established and imposed and otherwise to carry out the provisions of this section. In addition, the Borough may recover reasonable attorney's fees, court costs, and any other expense of the costs of collection of the fees imposed hereunder.
(2)
It is the intention of Borough Council that each separate provision
of this article shall be independent of all other provisions herein
and it is further the intention of said Council that if any of the
provisions herein of this article be declared to be invalid all of
the other provisions hereof shall remain valid and in force.
