City of Pittston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pittston 8-18-2010 by Ord. No. 2010-6. Amendments noted where applicable.]
GENERAL REFERENCES
Material collection containers — See Ch. 314.
Property maintenance — See Ch. 370.
Solid waste — See Ch. 412.
As used in this chapter, the following terms shall have the meanings indicated:
CARTWAY
That portion of the right-of-way designated for vehicular use. This shall include both opened and unopened streets.
CONSTRUCTION WASTE DUMPSTERS
A unit designed for the deposit of waste materials at building construction, repair or demolition sites, commonly located on a temporary basis on a public right-of-way abutting the site and transportable to and from the site for purposes of disposal of its contents by means of a carry vehicle.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
NONCONSTRUCTION WASTE DUMPSTERS
A unit designed for the deposit of all types of rubbish materials, excluding garbage, generated at sites other than building construction, repair or demolition.
PERSON
Any individual, firm or partnership, association or corporation.
PUBLIC RIGHT-OF-WAY
The width of a strip of land between property lines set aside for public use or ownership as a street, alley, crosswalk, easement or other facility.
RUBBISH
Nonputrescible solid waste consisting of both combustible and noncombustible waste such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar items.
SIDEWALK
That portion of the sidewalk area which is paved for pedestrian use.
SIDEWALK AREA
That area extending from the curbline to the property line which is designated by the City Engineering Office for pedestrian use.
TREE LAWN
That portion of the tree lawn area which is grass and/or tree lined.
TREE LAWN AREA
That area extending from the curbline to the sidewalk area which is designated by the City Engineering Office for grass and/or trees.
Regulations applicable to the permit requirements for the placement of construction or nonconstruction waste dumpsters upon a public right-of-way are as follows:
A. 
It shall be unlawful for any person to place upon, cause to be placed upon or permit to remain upon a public right-of-way a construction or nonconstruction waste dumpster without first filing with the Code Enforcement Office an application in writing and obtaining a formal permit. The duration of such permit shall be stated thereon, and the continued validity of such permit shall be contingent upon full compliance with the regulations set forth in this chapter.
B. 
An application for a permit shall be filed with the Code Enforcement Office by the property owner or a licensed contractor employed in their respective field by the property owner in connection with the placement of a construction or nonconstruction waste dumpster. An application must be signed by the property owner, and, in the case of a permit being issued to a licensed contractor employed by the property owner, an application for a permit must also be signed by the contractor.
C. 
All permits issued shall cover only the work set forth in the permit application; however, in the event that it is necessary to replace a construction or nonconstruction waste dumpster upon a public right-of-way prior to the completion of said work, additional permits shall not be required.
D. 
The placement of only one dumpster per job site upon a public right-of-way shall be permitted at any one time.
E. 
No permits shall be issued by the Code Enforcement Office if, in its opinion, the location and placement of this construction or nonconstruction waste dumpster will create a safety hazard to the use of the sidewalk area, tree lawn area or cartway by pedestrians or vehicles.
F. 
Upon the issuance of a construction or nonconstruction dumpster permit by the Code Enforcement Office, the permit must be displayed in a conspicuous place in front of the premises, plainly visible to passerby and kept there for the duration of the permit. The applicant is responsible for the maintenance of this permit and, should it be destroyed or removed, must immediately obtain another copy.
A fee in an amount to be established from time to time by resolution of City Council shall be paid for each construction or nonconstruction waste dumpster issued by the Code Enforcement Office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A construction waste dumpster shall be permitted to be placed upon a public right-of-way for the duration of a specific building construction, repair or demolition project for which a building permit was secured from the Code Enforcement Office.
A nonconstruction waste dumpster shall be permitted to be placed upon a public right-of-way for a maximum of five consecutive days. The Code Enforcement Office shall have the discretion to approve a time extension for a nonconstruction waste dumpster; however, under no circumstances shall a nonconstruction waste dumpster be permitted to be placed upon a public right-of-way for a period exceeding 30 days.
Regulations applicable to the placement of construction or nonconstruction waste dumpsters upon a public right-of-way area are as follows:
A. 
The placement of a construction or nonconstruction waste dumpster upon a public right-of-way must be temporary in nature and must be one that can be readily removed from the right-of-way.
B. 
A construction or nonconstruction waste dumpster placed upon a public right-of-way shall not extend into a cartway or impede or endanger the free flow of pedestrian or vehicular traffic.
C. 
A construction or nonconstruction waste dumpster placed upon a public right-of-way shall not be placed within 20 feet of a crosswalk at an intersection.
D. 
A construction or nonconstruction waste dumpster placed upon a public right-of-way shall not be placed within 15 feet of a fire hydrant.
E. 
A construction or nonconstruction waste dumpster placed upon a public right-of-way shall bear the owner's name and telephone number displayed in a conspicuous place plainly visible to passerby and kept there for the duration of the permit.
F. 
A construction or nonconstruction waste dumpster placed upon a public right-of-way shall bear reflective markings in sufficient positions and with sufficient reflective capacity to provide reasonable warning to approaching nighttime traffic of its location, and a standard barricade light shall be in operation on the dumpster side nearest the travel lane of the public right-of-way from sunset to sunrise.
G. 
No public right-of-way shall be closed for the purpose of location or utilization of a construction or nonconstruction waste dumpster.
H. 
The location and utilization of a construction or nonconstruction waste dumpster upon a public right-of-way shall not be such as to constitute a safety hazard to person or property.
I. 
The placement of a construction or nonconstruction waste dumpster shall not extend into the sidewalk area any more than the width of the sidewalk area, but in no case more than three feet.
J. 
The placement of a construction or nonconstruction waste dumpster shall not extend into the tree lawn area unless approved by the Code Enforcement Office.
K. 
Where a construction or nonconstruction waste dumpster is placed upon a portion of public right-of-way within a parking meter zone, authorization from the Pittston City Police Department to bag the meter or meters must be secured for all affected meters, at a fee as set by resolution of the City Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
The location and utilization of a construction or nonconstruction waste dumpster upon a public right-of-way shall be in compliance with all other federal, state and local statutes, rules and regulations applicable thereto.
A nonconstruction waste dumpster shall not be permitted to be placed upon a public right-of-way for the disposal of garbage as defined in § 217-1 of this chapter.
A. 
Every person engaged in the business of construction and/or nonconstruction waste dumpsters shall, before engaging in such occupation, obtain a license therefor from the Code Enforcement Office after the submission of the following documents:
(1) 
A certificate of insurance naming the City of Pittston as certificate holder, establishing the said hauling contractor is currently covered by a reputable insurance company acceptable to the Office of Code Enforcement and the City of Pittston, covering said hauling contractor in the amount of not less than $300,000, being single limit or split limit for bodily injury and property damage. Said certificate shall be for continuous coverage. In the event that the insurance is canceled, the Office of Code Enforcement shall be notified, in writing, within 30 working days by said insurance company.
(2) 
A certificate of worker's compensation insurance naming the City of Pittston as certificate holder. In the event that a hauling contractor is not obligated to maintain worker's compensation insurance because he does not employ individuals, he shall be required to file a contractor affidavit form with the Office of Code Enforcement, affirming that he is not obligated to maintain worker's compensation insurance.
(3) 
Their federal or state employer identification number.
(4) 
An indemnity agreement in a form acceptable by the City Attorney promising to indemnify, save harmless and defend the City of Pittston, its officials, agents, servants and employees and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys' fees, for or on account of any injury to any person or death at any time resulting from such injury or any damage to any property which may arise or which may be alleged to have arisen out of or in connection with the placement or utilization of the waste dumpster in the public right-of-way. A license shall not be transferable or assignable. Every person licensed under this chapter shall give immediate notice of any change in his home or business address.
B. 
Every person engaged in the business of construction and/or nonconstruction waste dumpsters shall, before engaging in such occupation, pay an annual license fee in an amount to be established from time to time by resolution of City Council.
C. 
All construction and/or nonconstruction waste dumpster hauling contractor licenses shall be issued solely by the Code Enforcement Officer and shall be valid for one licensing year and renewed annually. Prior to renewing a license, a hauling contractor must submit the following documents to the Office of Code Enforcement:
(1) 
A certificate of insurance naming the City of Pittston as certificate holder, establishing that said hauling contractor is currently covered by a reputable insurance company acceptable to the Office of Code Enforcement and the City of Pittston, covering said hauling contractor in the amount of not less than $300,000, being single limit or split limit for bodily injury and property damage. Said certificate shall be for continuous coverage. In the event that the insurance is canceled, the Office of Code Enforcement shall be notified, in writing, within 30 working days by said insurance company.
(2) 
A certificate of worker's compensation insurance naming the City of Pittston as certificate holder. In the event that a hauling contractor is not obligated to maintain worker's compensation insurance because he does not employ individuals, he shall be required to file a contractor affidavit form with the Office of Code Enforcement, affirming that he is not obligated to maintain worker's compensation insurance.
(3) 
Their federal or state employer identification number.
D. 
In the event that a licensed construction and/or nonconstruction waste dumpster hauling contractor fails to renew his license at the specified time established by the City, the City will provide written notification within seven working days after the date their license has expired, giving the hauler 45 days to renew said license. The hauling contractor will be required to pay, in addition to the normal license fee, a late charge in an amount as set by resolution of the City Council, made payable to the City of Pittston.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Suspension of license.
(1) 
Any construction and/or nonconstruction waste dumpster hauling contractor license issued to any person may be suspended by the Code Enforcement Officer if, after a thorough and proper investigation, it is determined that:
(a) 
Said license was partially or wholly procured by or through nondisclosure, misstatement or misrepresentation.
(b) 
If previously imposed, penalty shall not have met with full compliance.
(c) 
The holder of said license has repeatedly and/or willfully violated any of the provisions of this chapter. "Repeated violations" is hereby defined as a minimum of three separate offenses within a period of five years under this chapter for which the licensee or offender has either pleaded guilty or has been found guilty by a Magisterial District Judge or other court of competent jurisdiction.
(2) 
The Code Enforcement Officer, prior to invoking a suspension of a license, shall first cause to be served upon said licensee, by certified or registered mail, a written notice of suspension or revocation of license, as the case may be, setting forth in specific terms and language the nature of the repeated violations, the times thereof and places of occurrences.
(3) 
On a first offense, a hauling contractor's license shall be suspended for a period of one to three months. On a second offense, a hauling contractor's license shall be suspended for a mandatory six months. A third offense shall constitute an immediate revocation of a hauling contractor's license.
(4) 
If, during the time of suspension, a hauling contractor's license is eligible for renewal, said contractor will be exempt from meeting the license renewal provisions as defined in Subsection C above for the entire time period said license is suspended. Within 30 working days from the date the suspension is removed by the Code Enforcement Office, the license renewal provisions as defined in Subsection C shall apply. In the event that the hauling contractor fails to renew his license within 30 working days from the date the suspension was removed, the provisions outlined in Subsection D shall apply.
F. 
Revocation of license. Any construction and/or nonconstruction waste dumpster hauling contractor's license issued to any person may be immediately revoked by the Code Enforcement Officer if, after a thorough and proper investigation, it is determined that:
(1) 
The holder of the said license has willfully or negligently damaged or caused to be damaged the City's public right-of-way.
(2) 
The holder of said license has willfully or negligently placed a construction waste dumpster in a public right-of-way which has created a dangerous or unsafe condition which poses a threat to the safety and welfare of pedestrian and/or vehicular traffic.
(3) 
The holder of said license has repeatedly and/or willfully ignored the stop-work order(s) issued by the Code Enforcement Officer.
G. 
Use of license by another prohibited. No person licensed under these provisions shall allow a permit to be issued in his or its own name for use by a person not licensed as required herein to place construction or nonconstruction waste dumpsters within the City's public right-of-way under penalty of forfeiture of his or its license.
A. 
Whenever the placement of a construction or nonconstruction waste dumpster shall have been declared a safety hazard to the use of the sidewalk area, tree lawn area or cartway by pedestrians or vehicles by the Building Inspector or his designee, the Code Enforcement Officer or his designee shall serve or cause to be served upon the owner or other person who may have a vested or contingent interest in said waste dumpster a written notice describing the unsafe or hazardous condition and ordering the same made safe and secure or removed within 48 hours after notice has been issued relative to the unsafe or hazardous condition.
B. 
If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice and order shall be sent by registered mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the construction or nonconstruction waste dumpster to which it relates. Such mailing and posting shall be deemed adequate service.
C. 
If the person served with a notice to make safe and secure or remove the construction or nonconstruction waste dumpster should fail to do so within the time frame specified, the Code Enforcement Officer or his designee, when authorized by the Mayor, the Mayor's designee or Pittston City Council, whichever is deemed appropriate, may have said waste dumpster removed from the public right-of-way. Any costs incurred shall be paid out of the City treasury on certification by the Code Enforcement Officer or his designee.
D. 
The City Attorney or other prosecuting authority shall institute proper actions against the owner of the construction or nonconstruction waste dumpster for the recovery of costs incurred by the Code Enforcement Officer or his designee in the performance of having said waste dumpster removed from the public right-of-way.
A. 
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, after having been served with written notice, be liable to a fine of not more than $1,000 for each offense. Each day that said violation or unsafe condition shall continue shall constitute a separate offense and shall be liable to a fine of not more than $1,000.
B. 
The owner of a building, structure or premises where the violation of this chapter shall be placed or shall exist and the contractor employed in connection therewith and who may have assisted in the commission of such violation shall each be guilty of a separate offense and, upon conviction thereof, shall be liable to a fine of not more than $1,000 for each offense. Each day that said violation or unsafe condition shall continue shall constitute a separate offense and shall be liable to a fine of not more than $1,000.
Any person aggrieved by the enforcement of this chapter may file a written request for an appeal hearing before the Building Code Appeals Board (see Chapter 7, Article II), which shall hold a hearing and render a decision per the operating policies of the Board.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).