Chapter 191: Solid Waste Collection Fees

§ 191-1 Authority to adopt user fees.

Pursuant to the City of Lackawanna's home rule powers, the City of Lackawanna hereby establishes user fees to fund the public collection of solid waste. There shall be fees for all users. "Users" shall be defined as any person, resident, commercial establishment or other entity for which the City collects solid waste. Except as provided herein, each user shall pay a fee for each unit said user owns for which the City collects solid waste.

The Council shall have the power to enact appropriate authorizing ordinances or resolutions for user fees for the public collection of solid waste, and the Commissioner of Public Works is hereby authorized to adopt appropriate rules and regulations pursuant to this section and pursuant to local laws, ordinances or resolutions adopted pursuant to this section. The fees charged pursuant to this section shall be in such amounts as shall apportion the entire cost of the solid waste collection and disposal services and among the users of such services in a fair and equitable manner. The factors for such apportionment may include the cost of collecting solid waste, the fees charged to the City for disposal of solid waste, administrative and labor costs, capital costs for maintaining the system, the frequency of collection, the type of waste collected, revenues derived from recycling, other sources of revenue, fixed and incremental costs of service, and other appropriate factors.

§ 191-2 Public collection of solid waste.

No person, except City employees in the performance of their official duties and City contractors, shall engage in the collection of residential solid waste. No solid waste collector or regulated substance collector shall collect residential solid waste unless authorized by the Commissioner.

The Department of Public Works shall collect and dispose of solid waste originating in the City, as further limited by this chapter. The City shall not collect infectious waste, regulated materials, regulated medical waste or hazardous waste. The Commissioner may promulgate regulations covering the items of collection and disposal of solid waste as he or she may deem necessary, provided that such regulations are not contrary to the provisions of this chapter.

Solid waste shall not be accumulated except in accordance with the regulations of the Commissioner and prepared by owners and occupants in accordance with the provisions of this chapter.

§ 191-3 User fees established.

There shall be established user fees for collection of solid waste. The user fee for the 2014-2015 budget year shall be $155 per user. Thereafter, the fees shall be set by the Council.

All users shall be billed for public solid waste collection and disposal services.

All user fees shall be due on the same day that the corresponding City tax bills shall be due, and if not received by said due date, there shall be added to that bill a collection processing charge at the rate of 2% per month from the due date on the total amount owing until paid in full, and any fees, charges, and costs of collection, including (without limitation) attorney's fees, will be in addition to the amount owing.

The bill shall be rendered as an annual statement with provision for both payment in its entirety of the annual amount stated or by payment of a semiannual statement. If the owner chooses to pay the semiannual installment, that semiannual payment must be made on or before August 31 and on or before January 31.

In the event a user fee bill is referred to a collection agency, the collection agency's charges shall be added to the fees with interest due and owing.

Any user who owns multiple units may, on or before August 31, request an exemption for a unit which is not occupied, provided he makes a sworn affidavit under penalty of perjury that a unit is unoccupied and that the unit shall not be occupied during the fiscal year for which the user fee applies. Said unit shall be subject for a semiannual, random inspection by Code Enforcement to determine whether said unit is occupied. The owner of such a unit shall be required to inform the City within five days of said unit being occupied. The user fee for such a unit shall be prorated so the owner shall pay the user fee for said unit for the time that said unit is occupied. Failure to comply with the provisions of this section shall be punishable by a fine of $2,500, together with the portion of the user fee which accrued while the unit was occupied.

§ 191-4 Unpaid user fees.

Unpaid user fees, including interest, costs, administrative and legal expenses and collection charges incurred, shall be the personal liability of the owner and shall also be a lien upon the real property in connection with which solid waste collection is offered as and from the due date for services billed and to be offered in the fiscal year commencing on that date. Notwithstanding any ordinance or local law to the contrary, this lien shall be superior to any and all other liens, excepting those for general taxes and local assessments, which lien can be enforced by foreclosure proceedings instituted at the expiration of one year from the date of the creation of the lien, in addition to and notwithstanding any and all other remedies available to the City for the collection of unpaid user fee bills.

§ 191-5 Special Revenue Fund.

The Comptroller shall establish and maintain a separate fund to record and report the financial activity related to the public collection and disposal by the City by of refuse, recyclable and other solid waste material as designated by the Commissioner and shall be known as the "Special Revenue Fund." This fund shall be maintained on the same fiscal year as that of the City. Notwithstanding any other law to the contrary, the fees, charges, late fees, interest and other costs and disbursements charged and collected pertaining to public collection of solid waste shall be paid into the Special Revenue Fund.

§ 191-6 Effective date.

[Amended 7-19-2016]

This chapter shall take effect upon its filing with the Secretary of State or August 1, 2014, whichever is later.