[Ord. 2005-11, 7/7/2005, § 2; as amended by Res.
2005-44, 7/7/2005, § 1]
1.
The following words and phrases, when appearing in the text of this
Part shall have the meanings given to them in this section, unless
the context clearly indicates otherwise:
A.
Commercial Activities and Establishments. The following definitions
shall apply for the purposes of these regulations regardless of either
the form of ownership or tenancy, or the physical arrangement of the
structure.
(1)
Structures or property consisting of four or more residential
apartment dwellings, condominium complexes, and mobile home parks,
whether owned or rented, shall be deemed to be commercial or business
establishments, not residential establishments, for the purposes of
these regulations.
(2)
MSW
MSW BILLING
MSW CHARGES
MSW SERVICES
PROPERTY
RESIDENTIAL ESTABLISHMENT
TOWNSHIP
If a commercial activity occupying
over 50% of the area of the structure occurs in a residential establishment,
then the entire residential establishment, structure or property shall
be deemed to be a commercial or business establishment, not a residential
establishment, for the purposes of these regulations.
"Municipal solid waste," as defined by the Pennsylvania Solid
Waste Management Act, 35 P.S. § 6018.103 et seq., and the
Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction
Act, 53 P.S. § 4000.101 et seq., each as amended to date.
The bills, invoices, notices and documents issued by Lower
Macungie Township to property owners at periodic intervals to state
the amounts and terms of payment of MSW charges on account of their
property.
All fees, costs, and expenses, including penalty charges,
administrative fees, and fees for services, which are assessed or
imposed by Lower Macungie Township against a property for any and
all MSW services provided or offered by the Township to that property.
Any and all collection and disposal of MSW, and collection
and recycling of recyclable materials, which is provided or offered
by Lower Macungie Township to a property.
Residential establishment.
Any premises utilized primarily as a residential dwelling,
whether owned or rented in any manner, including but not limited to:
The Township of Lower Macungie.
[Ord. 2005-11, 7/7/2005, § 3; as amended by Res.
2005-44, 7/7/2005, § 2; and by Ord. 2011-12, 10/6/2011]
1.
The cycles for MSW billing for MSW charges is hereby established
on a quarterly basis.
2.
The MSW billing for MSW charges shall begin on the owner's date
of acquisition of the property and shall be reflected on the next
quarterly billing cycle. The quarterly MSW billing may be in combination
with the quarterly sewer billing with the MSW charges and sewer charge
listed separately.
3.
The MSW charge amount to be paid by the owner or occupant of each
residential establishment for the quarterly collection period shall
be established by a fee schedule adopted by a resolution of the Board
of Commissioners of the Township.
[Ord. 2005-11, 7/7/2005, § 4]
1.
To Whom Sent. The MSW billing for MSW charges shall be sent to the
owner of the residential establishment at the last known address.
2.
Commencement. The MSW billing for MSW charges shall begin on the
owner's date of acquisition of the property and shall be reflected
on the next quarterly billing cycle.
[Ord. 2005-11, 7/7/2005, § 5]
1.
Quarterly Basis. The cycle for MSW billing for MSW charges is hereby
established on a quarterly basis.
2.
Quarterly MSW Billing. The MSW billing shall be issued to the property
owners on or about 15 or 30 days in arrears of each cycle. This shall
be known as the "quarterly MSW billing." The quarterly MSW billing
shall state the amount of the MSW charges for the MSW billing and
any past due amounts incurred during any quarterly MSW billing.
[Ord. 2005-11, 7/7/2005, § 6]
1.
Content. The Township staff is authorized to issue MSW billings for
MSW charges in a format which states the amounts of the MSW charges
for the quarterly MSW billing and any past due amounts incurred during
any quarterly MSW billing, together with any applicable penalty charges
as provided by this Part or by regulation.
2.
Format. MSW billings shall be in a format which is appropriate and
convenient for the Township staff to prepare, issue, compile, and
record.
[Ord. 2005-11, 7/7/2005, § 8; as amended by Ord.
2012-07, 10/18/2012]
1.
Lien. All MSW charges shall constitute a lien on the property charged
with the payment thereof, from the date of issuance of the quarterly
MSW billing for those MSW charges, but conditioned upon payment of
the MSW charges.
2.
Actions. If the MSW charges are not paid within 30 calendar days
after the same become due and payable, an additional sum of 5% shall
be added to such net bill, which net bill, plus such additional sum,
shall constitute the gross bill. Payment made or mailed and postmarked
on or before the last day of such 30 calendar day period shall constitute
payment within such period. If the end of such 30 calendar day period
shall fall on a legal holiday or on a Sunday, payment made on or mailed
and postmarked on the next succeeding business day which is not a
legal holiday, shall constitute payment within such period.
|
If the MSW charges are not paid within 60 calendar days after
the same become due and payable, subject to the conditions set forth
above, the bill, in addition to bearing the aforesaid 5% charge, shall
also bear interest at the rate of 10% per annum from the due date
until the date of payment.
| |
|
The Township may take any or all of the following actions:
|
A.
The Township may terminate all MSW services to the property charged,
by reason of nonpayment of MSW billings and MSW charges.
B.
The Township may file a municipal lien against the property charged,
including costs of filing and reasonable attorney's fees for
unpaid MSW charges.
C.
The Township may commence a civil action before any court of competent
jurisdiction to recover the amount of MSW charges including costs
of filing and reasonable attorney fees for unpaid MSW charges.
D.
If reasonable attorney fees are assessed or imposed in connection
with the collection of such account, the Township shall comply with
the relevant provisions of the Municipal Claims Act found at 53 P.S.
§ 7106 especially including the requirement that at least
30 days prior to assessing or imposing attorney fees, a notice of
such intent must be sent to the property owner by United States certified
mail, return receipt requested, postage prepaid.
|
If within 30 days of mailing the notice in accordance with Subsection 2D, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney fees in connection with the collection of a delinquent account, the Township shall, by United States first class mail, mail to the owner the notice required by Subsection 2D.
|
[Ord. 2005-11, 7/7/2005, § 9; as amended by Ord.
2011-12, 10/6/2011]
The MSW charges for each quarterly MSW billing may be established
at any time before the start of that particular quarterly MSW billing
by a resolution of the Board of Commissioners of the Township.
[Ord. 2005-11, 7/7/2005, § 10]
Prorating. If MSW services are first provided to a property
owner during any quarterly MSW billing, then the MSW charges and MSW
billings may be prorated on a per diem basis from the time that the
MSW services commence until the start of the next following quarterly
MSW billing, at the sole discretion of the Township, and may be included
on the following quarterly MSW billing.
[Ord. 2005-11, 7/7/2005, § 12; as amended by Ord.
2011-12, 10/6/2011]
If MSW service to a property is terminated for any reason, an
administrative fee for coordinating the termination and/or restoration
of MSW services shall be an additional MSW charges, and shall be paid
before MSW services are restored to that property. The amount of this
additional MSW charges shall be established as part of a fee schedule
adopted by resolution of the Board of Commissioners of the Township.
[Ord. 2005-11, 7/7/2005, § 13; as amended by Ord.
2011-12, 10/6/2011]
1.
If any check, money order, credit charge slip, or similar type of
payment for MSW charges or MSW billings is returned marked "uncollected"
or similarly for any reason, including, but not limited to, insufficient
funds, refusal to honor the payment, closed account, or lack of valid
signature, etc., then an additional service fee for handling and rebilling
shall become an additional MSW charge against that property, and shall
be paid as provided herein.
2.
The amount of this additional MSW charge shall be established as
part of a fee schedule adopted by a resolution of the Board of Commissioners
of the Township.
[Ord. 2005-11, 7/7/2005, § 14; as amended by Ord.
2011-12, 10/6/2011]
The fee schedule established by this Part may be amended, revised,
and updated for any subsequent quarterly MSW billing by a resolution
of the Board of Commissioners of the Township, approved before the
start of the affected quarterly MSW billing.
[Ord. 2005-11, 7/7/2005, § 15]
1.
Prior MSW Charges. Any MSW charges assessed for MSW billings before
the effective date of this Part shall continue and remain in full
force and effect until paid in full, together with any applicable
penalty charges.
2.
Part. The provisions of the Part hereby adopted, insofar as they
are the same as those ordinances in force immediately prior to the
enactment of this Part, are intended as a continuation of such Part,
and not as a new enactment.
[Ord. 2005-11, 7/7/2005; as added by Res. 2005-44, 7/7/2005,
§ 3]
The quarterly MSW billing payment shall be due within 30 days
from the date of the bill. Any payment made after 30 days will be
penalized at the rate of 5% quarterly on the unpaid balance.
[Ord. 2005-11, 7/7/2005; as added by Res. 2005-44, 7/7/2005,
§ 4]
To request MSW services to commence, the owner of a residential
establishment shall submit an executed moving permit.
[Ord. 2005-11, 7/7/2005; as added by Res. 2005-44, 7/7/2005,
§ 5]
If requested by the Township, commercial activities and establishments,
including residential properties consisting of four or more residential
apartment dwellings, condominium complexes and mobile home parks shall
provide proof of service with a private MSW hauler by completing and
submitting Form C to the Township.
