[Adopted 9-9-1980 by Ord. No. 1477; amended in its entirety 12-12-2017 by Ord. No. 2587]
For the purpose of this article, the following definitions shall be applicable:
AGENCY
Professional company advertised and registered in the Commonwealth of Pennsylvania to post collection, accept payment and set payment provisions for collection of solid waste. The agency will be designated by the Borough Council and work with Borough Council through established ordinances and resolutions.
DWELLING UNIT
Any single-family house, an apartment in a duplex, an apartment in a multiple-family structure or other living quarters of whatsoever kind.
GARBAGE
Consists of any and all household waste capable of being containerized, but does not include dead animals, building materials, used or resulting from demolition, alterations, construction or repair of buildings. Garbage shall include, but is not limited to, unused or spoiled food, table breakage, bottles, cans, paper matter, wastebasket debris, etc. Garbage shall not include those items next defined under the definition of "rubbish."
OWNER
Any person who alone, jointly or severally with others, shall have legal title or equitable title to any dwelling unit, with or without accompanying actual possession thereof, and shall include his duly authorized agent or attorney, devisee, fiduciary and any person having a vested or contingent interest in the property in question.
PERSON
Includes a corporation, firm, partnership, association, organization, any other group acting as a unit, as well as individuals. Person shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this article prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as garbage or rubbish. Recycling items will be separated and collected for reusable materials other than a fuel for the operation of energy.
RUBBISH
Household goods, wastepaper, grass clippings, tree limbs, shrub cuttings, house ashes, plaster and loose wallpaper.
YEAR
The calendar year beginning the first day of January and ending the 31st day of December.
The owner of every dwelling unit within the Borough shall be responsible for providing sufficient garbage receptacles for each dwelling unit. Garbage receptacles shall be made of metal or plastic of a cylindrical shape and must be watertight, equipped with tight-fitting cover and strong handles. The maximum size of the receptacles shall be limited to 30 gallons. Receptacles shall be maintained in good condition and kept in as sanitary a condition as is compatible with their intended use.
The owner of every dwelling unit within the Borough shall be provided by the collection agency of record sufficient recycling receptacles for each dwelling unit. Recycling receptacles shall be made of plastic and of a color with identification as to identify the receptacle as recycling. Receptacles shall be maintained in good condition and kept in as sanitary a condition by the person of record at address.
There is hereby imposed a fee per year per dwelling unit for the removal of garbage and rubbish, in an amount as set by resolution of the Borough Council. Owners shall be responsible for the payment of said fee for each dwelling unit they own (i.e., if an owner owns a multiple-family dwelling containing four dwelling units, such an owner would pay a yearly fee accordingly).
A. 
Monthly billing. The annual fee shall be paid in monthly installments per dwelling unit upon the commencement of each month. All of the residents will be billed on a monthly basis from an agency designated by the Borough Council.
B. 
Schedule of payments.
(1) 
Payments will be in an amount per month as set by resolution of the Borough Council.
(2) 
A 10% discount will be given to senior citizens who own their dwelling unit and reside in the dwelling.
C. 
Method of payment. The agency designated by the Borough Council shall mail timely all bills for garbage and rubbish collection to all owners of dwelling units. Payment of the garbage and rubbish collection fee shall be made to the agency designated by the Borough Council. The agency designated by the Borough Council shall set qualified fee payment provisions.
If for any reason the fees provided for by this article are not paid when due, the agency designated by the Borough Council may immediately suspend garbage and rubbish collection at the dwelling unit in question until all outstanding fees, interest and penalties have been paid. Furthermore, any health hazards or nuisances created by the resultant accumulation of garbage and rubbish shall be the sole responsibility of the owner.
A. 
It shall be the duty of the agency designated by the Borough Council to collect and receive the fees, fines and penalties imposed by this article. It shall also be the duty of the agency designated by the Borough Council to keep a record showing the amount received from each person paying the fee and the date of such receipt.
B. 
The agency designated by the Borough Council is hereby charged with the administration and enforcement of the provisions of this article and any rules and regulations adopted pursuant thereto.
C. 
The Borough of Millvale maintains oversight over the appointed agency and can by notification to said agency administer and enforce provisions of this article and any rules and regulations adopted pursuant thereto.
If for any reason the fees provided for by this article are not paid when due, interest at a percentage rate determined by the agency designated by the Borough Council and a penalty of a percentage rate determined by the agency designated by the Borough Council in the amount of the unpaid fees shall be added and collected for late charges. Said penalty percentage rate shall only be changed once for each delinquent payment.
The agency designated by the Borough Council, on behalf of the Borough, or the Borough on behalf of the Borough, may sue for the recovery of fees due and unpaid under this article. Where suit is brought for the recovery of any such fee, the person liable therefor shall, in addition, be liable for the cost of collection and the interest and penalties herein imposed.
A. 
Any person, firm or corporation who violates a provision of this article, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, and, in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
B. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article found to have been violated. All fines and penalties for the violation of this article shall be paid to the Borough.
C. 
The Borough may also commence appropriate actions in equity, at law or other to prevent, restrain, correct, enjoin, or abate violations of this article.
This article and fees, penalties and interest provided for therein shall continue in full force and effect beginning upon adoption by Council and ending December 31 of the adoption year, and each year thereafter without annual reenactment.
The provisions of this article shall become effective upon adoption by Council and shall apply to all bills for garbage and rubbish services rendered on or after the adoption date.