[Amended 12-18-1997 by Ord. No. 1570]
As used in this chapter, the following terms shall have the meanings indicated:
ASHES
The products of burned coal, wood or other combustible materials.
BULK
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.
COMMERCIAL HOUSES
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.
DWELLING UNIT
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.
GARBAGE
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 RUBBISH
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.
SOLID WASTE
All garbage, rubbish, ashes and bulk.
TRANSFER FACILITY
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.
[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.
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.