[HISTORY: Adopted by the City Council of the City of Pittston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-9-1991 by Ord. No. 1991-6; amended in its entirety 1-21-2015 by Ord. No. 2014-15]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Recyclable cans will be as follows: aluminum cans (i.e.,
beer, soda); tin (steel) cans; all-food cans, such as vegetables,
fruit, pet food, juice, coffee, etc. No paint cans, fuel cans, kerosene
cans, or cans holding corrosive or hazardous chemicals and/or waste.
[Amended 2-17-2021 by Ord. No. 2-2021]
Must have stands, ornaments, and lights removed and cannot
be in plastic bags.
[Added 2-17-2021 by Ord. No. 2-2021]
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Paper which has been shaped or wrinkled into parallel grooves
and ridges, including cardboard.[1]
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences. No shredded
paper.
[Amended 2-17-2021 by Ord. No. 2-2021]
A dwelling unit in a house or row of houses, a "dwelling
unit" being defined as a building thereof with exclusive culinary
and/or sanitary facilities, designed for occupancy and use by one
person or one family.
A private garbage hauler engaged by a commercial, residential
or institutional establishment who is licensed by the City of Pittston.
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers, and nursing homes.[2]
Recyclable magazines will be glossy publications, including
catalogs and phone books.
Any properties having four or more dwelling units per structure,
not previously afforded municipal waste collection.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
As used herein, shall be deemed to include paper of the type
commonly referred to as "newsprint" and distributed at stated intervals,
usually daily or weekly, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Magazines and periodicals, as well as all other products of any nature,
are not considered newspaper.
Will include aerosol spray cans, foil and paint cans.
Will include pizza boxes, tissue boxes, cereal boxes and
detergent boxes.
Will include hard- and soft-covered books.
Will include motor oil bottles, plastic cups, flowers, pens,
toys, plastic wrap or Styrofoam.
Recyclable plastic will be bottle and jar containers only;
example: milk, water, soda, detergent and shampoo.
Material having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans, bimetal cans, corrugated paper, magazines, computer printout
paper, computer tab cards, office paper, steel cans, newspaper and
plastic.
[Amended 2-17-2021 by Ord. No. 2-2021]
Official appointed in accordance with Pittston City Code, § 7-2F.
[Added 11-16-2022 by Ord. No. 12-2022]
Includes leaves; tree branches not more than four feet in
length and four inches in diameter tied in bundles; and grass clippings.
[Added 2-17-2021 by Ord. No. 2-2021]
A.
There is hereby established a resource recovery program for the mandatory
separating of recyclables from garbage and rubbish in the City of
Pittston.
B.
Residential, multifamily properties, commercial establishments, public
and private institutions, municipal establishments and community activities
are required to adhere to the regulations as listed in this article.
C.
Recycling
Coordinator. Except as otherwise noted, this article shall be administered
by the City Recycling Coordinator as directed by the City Administrator.
[Added 11-16-2022 by Ord. No. 12-2022]
[Amended 2-17-2021 by Ord. No. 2-2021; 11-16-2022 by Ord. No. 12-2022]
B.
Collection agent. Residential recycling will be collected by the Pittston City Streets and Sanitation Department or a contractor designated by the City Council. Only the collection agent authorized by the City Council is authorized to collect the City's residential recycling. Violations are as set forth in § 412-8.
C.
Curbside
recycling streams. There shall be three separate curbside recycling
streams: dual-stream, yard waste, and Christmas trees, as follows:
(1)
Dual-stream
recycling.
(a)
Residents and businesses participating in the Pittston City recycling
program shall separate their recycling as follows:
(b)
Collection dates for each stream shall be as set forth in the published annual recycling calendar for the City of Pittston. All items placed for collection shall be reasonably clean so as to ensure the integrity of the recycling stream and prevent the attraction of rodents and/or vermin. No food or leaking fluids shall be in any container placed for recycling. Necessary changes based on the recycling market shall be approved by the City Administrator and communicated in accordance with the public information system set forth in § 412-7.
(2)
Yard
waste recycling shall include grass clippings, tree branches not more
than four inches in diameter and four feet in length, and leaves.
Branches must be bundled with twine in piles not more than four feet
long and four feet high. Yard waste placed for collection at the curb
must be placed in a manner that does not obstruct the flow of traffic,
interfere with parking, driveways or obstruct public sidewalks.
(3)
Christmas
tree recycling. The City Street Department will hold an annual collection
of used Christmas trees on dates specified by announcement on the
City website, recycling calendar, and newspaper of general circulation.
Trees placed for collection must have all decorations and light strings
removed and cannot be attached to a stand or encased in a plastic
bag. Additionally, trees must be placed for collection in a manner
that does not obstruct the flow of traffic, interfere with parking
or driveways, or obstruct public sidewalks.
(4)
Drop-off
recycling programs.
(a)
Glass drop-off recycling. Residents and commercial establishments
may drop-off clear and colored glass at the Pittston City Street Department
facility in accordance with procedures approved by the City Administrator
and posted for public notice. Glass containers must be empty, clean,
and with lids removed. Based on market conditions and grant funding,
the City Administrator may expand or reduce the drop-off glass recycling
program.
(b)
Electronics drop-off recycling. From time to time, the City may offer
an electronics drop-off recycling program for City residents. Regulations
based on vendor requirements and available grant funding will be approved
and promulgated by the City Administrator before each event.
(c)
Yard waste drop-off recycling: From time to time, subject to appropriations,
the Pittston City Street Department, with the approval of the City
Administrator, may offer residential yard waste drop-off for City
residents at the Pittston City Street Department Facility. Such programs
are subject to regulations as promulgated by the City Administrator
to ensure adherence to all recycling regulations and the approved
budget.
D.
Prohibitions. The following cannot be included in recycling: food, garbage or rubbish; sewage; cans or lids for paint, varnish, or other overcoating cans either empty or filled; hazardous waste/materials; plastic bags; wire; medical waste or medical waste containers; dirt; rocks; entire bushes or shrubs; tree trunks; building wood; and any other items as specified by the Superintendent of the Department of Streets and Sanitation and/or City Administrator. No glass containers of any kind. The City reserves the right to amend at any time what items can be collected as recycling based on current recycling industry standards and state laws and regulations. Any changes to what can be collected as recycling will be communicated to the public in accordance with § 412-7.
E.
Proper procedures for recycling. Recycling must be placed curbside for collection no later than 5:00 a.m., prevailing time, and no earlier than after 5:00 p.m., prevailing time, the day before the collection day. Recycling must be placed curbside in open containers to be collected. No container may weigh more than 30 pounds. Newspapers, magazines, and other paper must be bundled in paper bags or tied with twine so as to not blow around and cause litter. Any recycling found to be contaminated with any items in § 412-3D shall result in the entire container being left behind, and the property owner is then responsible for disposal. Yard waste, single-stream commingled recycling and Christmas trees cannot be collected in plastic bags. Recycling of any type placed for collection cannot obstruct public sidewalks or driveways or interfere with the safe flow of traffic. Any recycling out for collection that spills or is spilled is the responsibility of the property owner to clean up.
Multifamily housing properties are required to recycle all materials contained in § 412-3 of this article and to provide for the proper collection, storage and disposal by a private hauler who is licensed by the City of Pittston and to provide the City with the necessary reports with regard to recyclables and landfill tonnage.
A.
High-grade office paper, aluminum and corrugated paper and leaf waste
shall be kept separate from other refuse. Further, these materials
must be stored in an area free from exposure to the elements and shall
be safe from vermin.
B.
Each commercial, institutional and municipal establishment shall
arrange with a licensed independent contractor for private collection
of the aforementioned recyclables, as well as for collection of remaining
solid waste.
C.
Reporting requirement. Each commercial, industrial, institutional
and municipal establishment is required to submit an annual calendar-year
recycling report to the City Recycling Coordinator on a form provided
by the Recycling Coordinator. This report shall meet all requirements
of Act 101, the Municipal Waste Planning, Recycling and Waste Reduction
Act,[1] and shall include the type of recycling by designated
category, total weight recycled by designated category, and disposal
site for each category by name and address of the recycling company.
These reports must be submitted by the deadline set by the Recycling
Coordinator or shall constitute a violation.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
D.
Report violation. Failure to submit the report required in § 412-5C within 10 days of the date required shall constitute a violation of this article. The Recycling Coordinator will report to the City Administrator the names of all subject to reporting who have not submitted the report. At the direction of the City Administrator, the Code Enforcement Officer shall issue nontraffic citations to each violator, with penalties prescribed in § 412-10.
A.
Membership.
The City Council may, by resolution, be a member of the Greater Pittston
Regional Compost Commission and, if a member, shall appoint a representative
to said Commission by resolution and the Commission's bylaws.
B.
The member
so designated shall ensure that all appropriate information on Commission
operations is provided to the City Administrator, Recycling Coordinator,
City Council and Superintendent of the Department of Streets and Sanitation.
C.
Yard waste
and Christmas trees taken by the City of Pittston to the Greater Pittston
Regional Compost Commission facility may be subject to additional
requirements of the Commission, and any such requirements shall be
adopted by the City for recycling taken there.
[Amended 11-16-2022 by Ord. No. 12-2022]
A.
The City
Recycling Coordinator, as directed by the City Administrator and subject
to the availability of budget appropriation by the City Council, shall
inform the public on recycling by printed publications, an annual
recycling calendar, newspaper articles and advertisements, and news
releases.
B.
The City
Administrator shall ensure that recycling information is posted on
the City website.
C.
Grant funding.
At the direction of the City Administrator, the Recycling Coordinator
shall prepare and administrate grant funds received by the City for
support of the recycling program. All grants are subject to authorization
and appropriation by the Pittston City Council.
A.
From the time of placement of recyclables at the curb or in recycling
shelters for collection in accordance with the terms hereof, items
shall be and become the property of the City of Pittston or its authorized
agent. It shall be a violation of this article for any person unauthorized
by the City of Pittston to collect or pick up or cause to be collected
or picked up any such items. Any and each such collection in violation
hereof from one or more locations shall constitute a separate and
distinct offense, punishable as hereinafter provided.
B.
It shall be unlawful for a person to collect, remove or dispose of
solid waste which contains mandated recyclables combined with other
forms of solid waste.
C.
This section shall be enforced by the City Police Department and/or
Code Enforcement Officer as directed by the City Administrator.
The residential recycling collection schedule for single-stream
commingled, yard waste and Christmas trees will be set by an annual
recycling calendar prepared by the Recycling Coordinator in consultation
with the Superintendent of the Department of Streets and Sanitation
and approved by the City Administrator. The schedule may be amended
by the City Administrator due to weather conditions or emergencies
or administrative circumstances.
A.
A nontraffic citation shall be issued by the Police Department or
Code Enforcement Officer to each person who shall violate any of the
provisions of this article.
B.
Upon conviction, the offender shall be sentenced to pay a fine of
not less than $150 and not more than $1,000 and pay, in addition,
all court costs and City-incurred legal fees associated with the prosecution.
C.
Each day the offense continues may be deemed a separate offense.
Upon default of the payment of the fines and/or costs, the offender
shall be sentenced to imprisonment for not more than 90 days per offense.
[Adopted 3-19-2003 by Ord. No. 2003-1]
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
The residue from the burning of wood, coal, coke, and other
combustible materials for the purposes of residential heating and
cooking. It shall not include the cinders produced in steam-generating
plants.
The City, its contracted hauler or any City-licensed private
hauler.
Any item too large to be placed into a regular garbage bag as defined in this article but not prohibited under § 412-14 that may be collected by the City pursuant to the fee schedule set by the City for bulk refuse items.
[Added 1-19-2022 by Res. No. 12700]
Any property in the City used for other than residential
purposes, whether or not such purpose is for profit, and including
but not limited to restaurants, hotels, cafes, clubs, dormitories,
cafeterias, dealers in consumable foodstuffs and industrial or manufacturing
entities of any nature whatsoever. "Commercial establishment" shall
also include residential units which are located outside of the City
of Pittston boundaries.
A dwelling unit in a house or row of houses or building,
a "dwelling unit" being defined as a building thereof with exclusive
culinary and/or sanitary facilities, designed for occupancy and use
by one person or one family (household).
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
more than a minimum amount of free liquids. It shall not include food-processing
waste from commercial canneries, packing plants, or similar industries,
nor large quantities of condemned food products.
A natural person, firm, partnership, association or corporation.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, spaces, grounds and buildings.
Garbage, ashes and rubbish as herein defined.
Any group of properties owned by a person (as defined) and
containing a minimum of six equivalent dwelling units.
Any building containing six or more equivalent dwelling units.
Included shall be all individual EDUs which number a minimum of six
and all owned by a single legal entity.
All waste materials not included in garbage and ashes, except
rubbish from building construction or reconstruction, street construction
and maintenance refuse, industrial refuse, dead animals, abandoned
large machinery or vehicles or such other waste materials as are not
commonly produced in homes, stores and institutions.
A.
All refuse accumulated in the City shall be collected, conveyed and disposed of by the City, and the cost of such service shall be paid as provided in the schedule of fees set forth in § 412-15 hereof. It shall be unlawful for any person to collect, convey over any of the streets or alleys of the City or dispose of any refuse accumulated in the City without first being licensed by the City. Collectors of refuse from outside of the City shall have the right to haul such refuse over City streets, if such collectors comply with the provisions of this section as to their equipment and vehicles. Commercial enterprises may elect refuse removal by a private licensed hauler or utilize the City's service through a negotiated contract.
B.
The collection and disposal of refuse in the City of Pittston shall
be under the supervision of the Street Department Superintendant,
as directed by the City Administrator. He shall have authority to
make regulations concerning the days of collection, type and location
of waste containers and such other matters pertaining to the collection
and disposal as he deems advisable and to change and modify the same
after notice as required by law, provided that such regulations are
not contrary to the provisions hereof. An aggrieved person shall have
the right to appeal against any regulation made by the Street Department
Superintendant to the City Administrator, who may confirm, modify
or revoke any such regulation.
[Amended 1-21-2015 by Ord. No. 2014-15; 1-19-2022 by Res. No. 12700]
C.
Commercial enterprises at which place refuse is accumulated and who desire personally to collect and dispose of that refuse, and persons who desire to dispose of waste material not included in the definition of "refuse" and collectors of refuse from outside of the City who desire to haul over the streets of the City shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. Such disposal shall be made outside the City limits, unless otherwise expressly authorized by City Council. The Street Department Superintendant shall have authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over City streets by collectors of refuse from outside of the City as he may deem necessary, subject to the right of appeal as set forth in Subsection B hereof.
[Amended 1-21-2015 by Ord. No. 2014-15]
D.
Ownership of refuse material set out for collection shall be vested
in the City. The ownership of all material placed on the City Dump
shall be vested in the owner of the dump premises.
E.
City residents who own and operate a commercial business within the City limits and who have contracted with a licensed private hauler for such business and who desire to use such facility for the disposal of their personal household garbage may do so. Such residents are required to comply with Article I, Recycling, of this chapter and must provide the City Recycling Coordinator with written documentation of weights of recyclables and garbage at the time designated in Article I, Recycling, of this chapter. Such residents are further required to serve written notice of their intentions to not utilize the City's service by February 1 of each year. This notice shall include the name and address of the commercial business, as well as the name and address of the City-licensed private hauler. It shall be the responsibility of the resident to verify the City license of the private hauler.
F.
An owner of a "nonbillable EDU," defined as any EDU which is determined
and found to be nonbillable by and through the policies and procedures
currently in place and the practice followed by the Wyoming Valley
Sanitary Authority, shall be exempt from the fees established by File
of Council No. 3 (1997) and from the standard billing and payment
obligation set forth therein. All EDUs determined and found to be
billable by the policies and procedures followed by the Wyoming Valley
Sanitary Authority shall be required for the payment of all fees and
payment obligations as established in File of Council No. 3 (1997).
The City Treasurer/Tax Collector shall rely on the WVSA billable EDUs
listing for the City of Pittston as a checks and balances for the
City's billable EDUs. This amendment and the exclusion created herein
shall be applied retroactively to January 1, 2002, and shall be determined
and authorized by the City Treasurer/Tax Collector. Any and all appropriate
refunds authorized and approved by the City Treasurer/Tax Collector
shall be made in accordance herewith.
A.
Separation of refuse. Garbage, ashes and rubbish shall each be placed
and maintained in separate containers.
B.
Preparation of refuse.
(1)
All garbage, before being placed in garbage cans for collection,
shall have drained from it all free liquids and may be wrapped in
paper.
(2)
All rubbish shall be drained of liquid before being deposited for
collection.
(3)
Tree trimmings, hedge clippings and similar material shall be cut
to a length not to exceed four feet and securely tied in bundles not
more than two feet thick before depositing for collection.
C.
Refuse containers.
(1)
Garbage receptacles.
(a)
Garbage receptacles shall be made of metal or durable hard plastic,
must be watertight, and be provided with tight-fitting covers.
(b)
No person shall use for the reception of garbage any receptacle
having the capacity of more than 30 gallons, nor exceeding 30 pounds
in weight.
(c)
All garbage receptacles shall be kept as sanitary as possible
and shall be thoroughly cleansed by the occupant after garbage is
removed by the collector.
(2)
Ash receptacles shall be of metal and have a capacity of not more
than 10 gallons.
(3)
Rubbish receptacles shall be of a suitable kind which can be easily
handled by one man, such as a plastic bag.
(4)
Refuse receptacles.
(a)
All refuse receptacles shall be provided by the owner, tenant,
lessee or occupant of the premises.
(b)
All refuse receptacles shall be maintained in good condition.
Any receptacle that does not conform to the provisions of this article
or that may have ragged or sharp edges or any other defect liable
to hamper or injure the person collecting the contents thereof shall
be promptly replaced upon notice. Failure to comply may be deemed
a violation of this article and, additionally, may result in refusal
to collect or the removal of the defective receptacle as refuse.
D.
Storing of refuse.
(1)
No person shall place any refuse in any street, alley or other public
place or upon any private property, whether owned by such person or
not, within the City except in proper receptacles for collection or
under an express approval granted by the City Council. No person shall
throw or deposit any refuse in any stream or other body of water.
(2)
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and is prohibited. Failure to remove any
existing accumulations of refuse within 30 days after the effective
date of this article shall be deemed a violation of this article.
(3)
It shall be unlawful for any person, other than the occupants of
the premises on which refuse receptacles are stored, or the collector
to remove the covers of any of the contents of refuse receptacles.
E.
Points of collection. Refuse receptacles shall be placed for collection
at ground level on the property, not within the right-of-way of a
street or alley, and accessible to and not more than 10 feet from
the side of the street or alley from which collection is made.
A.
Frequency of collection. Refuse will be collected at least once each
week.
B.
Special refuse problems.
[Amended 1-19-2022 by Res. No. 12700]
(1)
Contagious disease refuse. The removal of wearing apparel, bedding
or other refuse from homes or other places where highly infectious
diseases have prevailed shall be performed under the supervision and
direction of the Street Department Superintendent and the health officer/agent.
Such refuse shall not be placed in containers for regular collections.
(2)
Inflammable or explosive refuse. Highly inflammable or explosive
materials shall not be placed in containers for regular collections
but shall be disposed of as directed by the Street Department Superintendant
at the expense of the owner or possessor thereof.
(3)
Liquid
paint. Liquid paint cannot be collected.
[Amended 3-21-2007 by Ord. No. 2007-4]
The fees for the collection and disposal of refuse placed for
collection at ground level and not more than 10 feet distant from
the side of the streets or alley from which collection is made shall
be as follows:
A.
Each property owner shall be responsible for the payment of each
equivalent dwelling unit (EDU) owned by them.
B.
The fees for each residential EDU shall be as follows:
[Amended 6-17-2009 by Ord. No. 2009-5; 4-21-2010 by Ord. No.
2010-1; 1-19-2011 by Ord. No. 2010-13; 3-16-2011 by Ord. No.
2011-2; 12-21-2011 by Ord. No. 2011-22; 12-19-2012 by Ord. No.
2012-17; 3-19-2014 by Ord. No. 2014-6[1]]
(1)
Property owners in the City of Pittston are required to purchase
a minimum of 60 stickers at a fee as set by resolution of the City
Council for each residential EDU. The late fee for the minimum of
60 stickers shall be as set by resolution of the City Council.
|
NOTE: Late fees for the City of Pittston are effective
July 15 of each calendar year.
|
(2)
Additional stickers may be purchased from the City Treasurer's office
in sheets of six stickers for an amount as set by resolution of the
City Council.
C.
There will be no discounts for early payments. Property owners who
make payments within 30 days after the due date shall be assessed
a late fee as set by resolution of the City Council. Property owners
who make payments after 90 days of the due date shall be assessed
a late fee by a collection agency authorized by the City of Pittston,
in an amount as set by resolution of the City Council.[2]
D.
Modification. All fees identified in this article can be modified
by resolution by the City Council of the City of Pittston.
[Added 3-19-2014 by Ord. No. 2014-6]
E.
Bulk refuse
item fees. The Superintendent of the Street Department is authorized
to promulgate a list of standard fees based on the actual cost of
collection and disposal to be charged by the City to residents for
the collection of bulk refuse items as defined in this article. This
fee list shall be maintained in the City Treasurer's Office. Payment
is required in full to the City Treasurer before collection. The City
reserves the right to reject for collection any item that in the Street
Department Superintendent's opinion is beyond the capacity and or
capability of the Street Department to safely collect and dispose
of.
[Added 1-19-2022 by Res. No. 12700]
[Added 3-21-2007 by Ord. No. 2007-4]
No refuse, garbage, rubbish, recyclables, and/or ashes may be
placed for collection for longer than 24 hours prior to the scheduled
collection date. Special permission may be granted to place the garbage/refuse,
rubbish, ashes, and/or recyclables for collection for a period longer
than 24 hours before the scheduled collection date, provided that
a written request is made to and approved by the City Administrator.
All such requests must be received by the office of City Administrator
at least one week prior to the scheduled collection date.
[Added 3-21-2007 by Ord. No. 2007-4; amended 2-17-2021 by Ord. No. 2-2021; 1-19-2022 by Res. No. 12700]
The City Administrator may order that collection services for
delinquent accounts be suspended, directing the City Solicitor and
Code Enforcement Officer to take all necessary enforcement actions.
[Amended 3-21-2007 by Ord. No. 2007-4; 4-21-2010 by Ord. No.
2010-1]
A.
For general violations, any person, whether as principal, agent, or employee, violating or assisting in violations of Chapter 412, Article II, shall be cited by the Police Department or Code Enforcement Officer for said violation and, upon conviction before a Magisterial District Judge, be sentenced to pay a fine of not less than $100 nor more than $1,000, as well as all court costs and City-incurred legal and prosecution costs and fees, and, upon default of payment of the fine and/or costs, be sentenced to imprisonment in the county jail for a period of not more than 30 days. Each day and each occurrence of violation may be cited as a separate offense. For failure to remit in full the required fee set forth in § 412-15, at the direction of the City Administrator, the property owner shall be issued a nontraffic citation for failure to pay the required fee and, upon conviction before a Magisterial District Judge, shall be sentenced to pay a fine of not less than the amount of the § 412-5 fee owed, all court costs and City-incurred prosecution costs and a fine of not less than $50 and not more than $300, and, upon failure to remit payment of the fine and/or costs in full within 90 days, the City Administrator shall direct the City Solicitor to file liens as provided in § 412-18B.
[Amended 2-17-2021 by Ord. No. 2-2021; 1-19-2022 by Res. No. 12700]
B.
In addition, the City, individually or by and through its agent,
designee or assign, may, at its discretion, collect delinquent fees
by an action of assumpsit in the name of the City against the owner
of the property charged. The City of Pittston may, by distress or
writ of execution, levy on personal property on the premises and sell
said property to satisfy the account or file a lien in the nature
of a municipal lien. Additionally, the City Council, at its discretion,
may authorize and/or designate a third-party collection agency as
collector of the delinquent account(s). Such accounts assigned to
and designated for collection through a third-party collection service
may be assessed additional collection charges up to and including
an additional 30% late penalty/collection fee. Additionally, any and
all costs associated with collecting the delinquent refuse fees, including
but not limited to the aforesaid collection agent fees, costs, court
fees, attorneys' fees, filing fees, etc., incurred in any such action
shall be paid by the property owner.
The City Administrator may approve collection from certain commercial
properties where unique circumstances make it impracticable to be
serviced by a private hauler. It will be the responsibility of the
City Administrator to set the costs of commercial accounts, as well
as the costs of bulk items, and the method of billing for the same.
