[Amended 12-18-1997 by Ord. No. 1570]
As used in this chapter, the following terms shall have the
meanings indicated:
The products of burned coal, wood or other combustible materials.
Such items as large appliances, furniture, trees and limbs
over 36 inches in length, but less than 72 inches in length, and over
three inches in diameter, but less than eight inches in diameter,
pipes and automobile parts, excluding dirt, concrete and demolition
debris.
Churches, schools, banks and personal care homes, day-care
homes, stores, markets, apartments or other dwellings with more than
six units, restaurants and any place other than dwelling units where
solid waste is produced. "Commercial houses" shall also include those
multiple-use buildings containing more than six residential units
in addition to a commercial unit or units.
A building or structure or manufactured home designed or
used for residential occupancy, including single-family dwellings,
duplexes, multifamily dwellings and owner-occupied home occupations,
including apartments with six or less units, but not including hotels
or lodging homes and boardinghomes.
Every refuse accumulation of animal, fruit or vegetable matter
that attends the preparation, use, cooking, dealing in or storing
of meat, fish, food, fruit or vegetables.
Household goods, household refuse, crockery, broken glass,
rags, grass clippings and other similar debris, hedge cuttings and
shrubbery trimmings bundled, boxed or otherwise contained, furnace
pipe, incinerator refuse and ashes of all kinds and descriptions,
wood not over 36 inches in length, all rubbish, debris, waste, litter,
scrap, packing, excelsior, straw, metal cooking utensils, toys, porcelain,
carpeting, leather, rubber, shoes, clothing, cardboard, tree trimmings
bundled, newspaper and magazines, trees and tree limbs under 36 inches
in length and three inches in diameter and whole Christmas trees,
tires, but no automobile parts.
All garbage, rubbish, ashes and bulk.
A facility which receives and processes or temporarily stores
solid waste at a location other than the generation site and which
facilitates the transportation or transfer of solid waste to a processing
or disposal facility. The term includes a facility that uses a method
or technology to convert part or all of the waste materials for off-site
reuse. The term does not include a collection or processing center
that is only for source-separated recyclable materials, including
clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade
office paper, newsprint, corrugated paper and plastics.
All garbage, household rubbish and ash collection and disposition
in the City of Washington shall hereafter be conducted solely by the
City.
[Amended 11-14-2002 by Ord. No. 1703]
It shall be the duty of every person owning or occupying any
dwelling unit, or part thereof, in the City of Washington, as covered
by this article, where any solid waste shall be collected or accumulated,
to comply with all of the regulations pertaining to the storing or
disposal of solid waste.
A.
Every such person shall provide, or cause to be provided, at all
times, containers for holding garbage, household rubbish and ashes.
It is the responsibility of every such person whose solid waste is
collected to maintain any containers used for the outside storage
of solid waste in a manner which does not attract vermin, insects
or otherwise create a health hazard. Metal or nonmetal containers
must have a handle on the outside and a capacity of not less than
seven gallons nor more than 35 gallons. Plastic bags, if properly
bound and not torn, may be placed at the premises' collection site
at the appropriate time for collection. Said containers shall be of
such construction to be conveniently handled, lifted and emptied,
when full, by one person. Every such container shall be maintained
in good condition and shall be replaced by such occupant or owner
of the premises when it becomes out of repair or when its condition
becomes unsanitary or offensive.
B.
Every such person shall cause all solid waste from his or her premises
to be put in the containers provided for that purpose, as aforesaid.
No person shall place, or cause to be placed, in any container receptacle
any substance other than solid waste, as above defined.
C.
Every such person shall keep his or her private area which is the
collection site for solid waste free from all obstructions, i.e.,
ice, snow and other such materials and all other such accumulations.
D.
Every such person shall place his or her containers at the alley
side adjacent to that person's property or at the curbside if
no alley exists. Solid waste may be stored at the rear of the property
but shall not be placed alley side or on the curb before 6:00 p.m.
the day before scheduled pickup during those weeks when Eastern daylight
savings time prevails. Solid waste may be stored at the rear of the
property but shall not be placed alley side or on the curb before
3:00 p.m. the day before scheduled pickup during those weeks when
Eastern standard time prevails. No containers shall be kept or placed
at any time on fire escapes, basements, balconies, streets, sidewalks
or any other public place. Any dispute as to where solid waste is
to be placed for pickup shall be resolved by the Health Officer of
the City of Washington or as determined by the policies and procedures
as adopted by the Mayor and Council of the City of Washington, from
time to time, as amended by resolution or pursuant to a policy authorized
by a majority vote of Mayor and Council of the City of Washington.
E.
No can used for the storage of solid waste shall be filled so full
that the cover will not fit down tightly or be so full that material
overflows from the container.
F.
Every person owning or occupying any dwelling unit, or part thereof,
in the City of Washington with six or more dwelling units where any
solid waste shall be collected or accumulated, may elect to have their
solid waste collected and disposed of as commercial or industrial
establishments or commercial houses may dispose of solid waste. In
such cases, said owners or occupiers shall provide their own dumpster
or other receptacle approved by the City, which shall be screened
or otherwise covered and shall be located at the rear of the subject
property so as to prevent the attraction, harborage or breeding or
insects or rodents and to eliminate conditions harmful to public health
or which create safety hazards, odors, unsightliness or public nuisance.
In the event that said owners of six or more dwelling units shall
elect this optional form of solid waste collection, said individual(s)
or entity(ies) shall make application with the City of Washington
and provide the information reasonably requested by the City, on forms
provided by the City of Washington. Said application shall be submitted
to the City of Washington Health Officer, who shall determine if said
application shall be granted. The Health Officer shall comply with
all rules and regulations adopted by the City Council from time to
time with regard to such application process.
[Amended by Ord. No. 1851; 8-6-2015 by Ord. No. 1871]
City Council for the City of Washington, upon proper meeting
and taking all necessary steps incident thereto required to effectuate
the adoption and passage of action to set fees for collection and
disposal of solid waste, shall designate the fees for collection of
solid waste and designated recyclables. The responsibility for the
payment of the yearly assessment shall be that of the individuals
or entities who are the record owners of the real estate upon which
said dwelling units are located and the occupant of said property
at the time the assessment is made or at any time during the calendar
year in which the assessment is made.
The collectors for the City of Washington will remove promptly,
in as clean a manner as possible, all solid waste and return the solid
waste containers and receptacles to the premises from which they have
been removed.
Solid waste shall be collected at least once every week during
each of the calendar months.
Solid waste shall be collected from the dwelling units between
the hours of 6:00 a.m. and 6:00 p.m. on the scheduled date for collection.
Solid waste, as hereinbefore mentioned, to be collected shall
be collected, removed and disposed of under this article by a responsible
person, persons, entity, firm or corporation under contract with the
City, in a vehicle of substantial construction, watertight and provided
with covers, which shall be closed at all times save when solid waste
is being placed therein. Failure to adhere to this requirement may
result in citation and fine by the Health Officer or police and/or
revocation of a license hereunder.
[Amended 8-6-2015 by Ord.
No. 1871]
A.
Solid waste to be collected, removed and disposed of by the duly
empowered and authorized collector of the City of Washington shall
be collected from occupied dwelling units only and not from commercial
houses.
B.
Where a dwelling unit is under the same roof and is an integral part
of the building wherein a business is located and the individual or
individuals operating said business live in said dwelling unit, collection
shall not be made from said dwelling unit and it shall be treated
as a commercial or industrial establishment or commercial house.
C.
If a dwelling structure is vacant, the owner of said structure must
declare it to be vacant by no later than 20 days prior to the date
that the solid waste bill is due to the City of Washington in accordance
with this article by notifying the City in writing. Any owner claiming
a property to be vacant bears the burden of proof in asserting that
a property is vacant. Any property owner declaring a property to be
vacant shall sign an affidavit with the City declaring the vacancy,
which shall be subject to the Pennsylvania Crimes Code, Unsworn falsification
to authorities.[1] Every claim of vacancy shall be investigated by the City
of Washington Code Enforcement Officer who shall report any and all
findings to the City Treasurer. Any property owner who fails to declare
a vacancy by the date prescribed by this article shall be required
to pay the solid waste charges attributable to said property in full
without proration, as if the property was occupied.
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904.
Contracts under this article shall, from time to time, be let
to the lowest responsible bidder, after due advertisement, according
to law, for such period as Council may deem proper, which contract
may contain, in addition to the requirements of this article, such
other provisions not in conflict herewith as may be deemed advisable
to incorporate therein, and such contract or contracts shall be executed
by the Mayor and City Clerk of the City Council on behalf of the City
and shall contain a provision requiring the successful contractor
to give a performance bond of 50% of the amount of the contract with
approved corporate surety.
[Amended 12-18-1997 by Ord. No. 1570]
A.
The depositing of any solid waste, as defined herein, or grass and
hedge clippings, bottles, cans, food receptacles, garden rubbish or
other waste matter, or offal by any person, firm or corporation upon
any street, lane, alley, river, stream or other public place or upon
any private lot, yard, garden or other private place within the City
limits, whether owned by such offender or not, not in accordance with
the provisions of this article is hereby declared to be a nuisance,
detrimental to the public health and safety and to the inhabitants
of the City, and the same is hereby prohibited.
B.
It shall be unlawful for any person to place or deposit any household
waste container into any public waste receptacle in the City of Washington.
C.
No person, firm or corporation shall accumulate solid waste upon
any lot within the City of Washington, except for a reasonable quantity
thereof, placed in one or more covered containers while awaiting transportation
to a landfill.
City Council for the City of Washington, pursuant to the aforementioned § 294-4 hereof, may set forth rules and regulations for the implementation of collection fees for solid waste and designated recyclables and thereby provide for the collection of said fees.
[Amended 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
Council or the Department of Public Health with Council's
approval shall have the power to make, from time to time, such rules
and regulations as may be deemed necessary to carry out and enforce
the provisions of this article.
