[Ord. 2010-01, 1/18/2010, § 1]
This Part shall be known as the "2010 Lower Mount Bethel Township
Refuse and Recycling Collection Ordinance."
[Ord. 2010-01, 1/18/2010, § 2]
This Part is enacted pursuant to the authority conferred by
the Second Class Township Code, Act 1995-60 of 1995, November 9, P.L.
350, No. 60, § 1, as amended, 53 P.S. § 65101
et seq.
[Ord. 2010-01, 1/18/2010, § 3; as amended by Ord.
2012-03, 12/10/2012, § 1]
The following words when used in this Part shall have the following
meanings, unless the context clearly indicates otherwise:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
Discarded furniture and large household appliances, including,
but not limited to, refrigerators, washing machines, bathtubs, sinks
and commodes.
A location readily accessible by the refuse or recycling
collector of the Township, adjacent to the curb (or adjacent to the
roadway if there is not a curb), where each person affected by this
Part places refuse for collection.
A deduction of a set amount or percentage from the annual
refuse collection fee.
The period of time (days) when a deduction of a set amount
or percentage may be deducted from the annual refuse collection fee.
The storage, collection, disposal or handling of refuse and/or
recycling.
One or more rooms including a kitchen designed as a single habitable unit for occupancy exclusively by one family for the purpose of cooking, eating, living and sleeping. Such definition of dwelling unit is for the purposes of this Part only and shall have no impact on any other ordinance, including without limitation, the Township Zoning Ordinance [Chapter 27].
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Any natural person, association, partnership, firm or corporation.
All solid wastes, including ashes, garbage and rubbish, excluding
body and medical wastes.
The residential waste and recycling bill issued annually
by the Township.
Glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
Lower Mount Bethel Township, Northampton County, Pennsylvania.
[Ord. 2010-01, 1/18/2010, § 4]
Pursuant to the Second Class Township Code, 53 P.S. § 65101
et seq., the Board of Supervisors of Lower Mount Bethel Township hereby
reaffirms the establishment of its refuse and recycling collection
program for curbside collection from all dwelling units within Lower
Mount Bethel Township. This curbside collection shall not apply to
any commercial, municipal or industrial establishment. The Township
may decide to enter into an exclusive contract with a refuse hauler
to collect all refuse and recycling within the Township.
[Ord. 2010-01, 1/18/2010, § 5]
The Township is herby authorized, from time to time, to supplement,
clarify and detail the provisions of this Part with those rules and
regulations not inconsistent herewith. Such rules and regulations
may include but are not limited to provisions concerning dates, times
and places of pickups, containers and quantities, pre-collection and
collection procedures, charges, billings, exonerations and enforcement.
[Ord. 2010-01, 1/18/2010, § 6; as amended by Ord.
2012-03, 12/10/2012, § 1]
1.
Place of Collection. For collection purposes, refuse and recycling
containers shall be placed at ground level, curbside, on the property,
not within the cartway of a street or alley in such a manner as is
easily accessible from the side of the street or alley from which
collection is made. All refuse and recycling shall be placed curbside
in such a way that it can be handled conveniently and will not be
disseminated by wind or otherwise while awaiting collection. No refuse
and recycling containers shall be placed for collection earlier than
6:00 a.m. of the day prior to a scheduled collection date. No refuse
or recycling containers shall remain curbside or in the vicinity of
the cartway of the street or alley beyond 6:00 p.m. of the day following
a scheduled collection date.
2.
Frequency of Collection. Refuse shall be collected one time per week
and recycling shall be collected one time every other week on the
same day as refuse collection. Bulky rubbish shall be collected in
accordance with those rules and regulations established pursuant to
this Part.
[Ord. 2010-01, 1/18/2010, § 7]
It shall be the duty and responsibility of every owner of a
dwelling unit to pay a refuse collection fee for the collection and
disposal of refuse and recycling. No agreement between an owner and
occupant or other person shall relieve the owner of a dwelling unit
from liability for payment of the refuse collection fee. The amount
of the refuse collection fee shall be in such amounts and calculated
in such manner as may be established from time to time by resolution
of the Township. The refuse collection fee shall be reviewed annually
and adjusted as deemed necessary in the sole discretion of the Board
of Supervisors to ensure that all costs involved in the collection
and disposal of refuse and recycling, including administrative costs
of the Township, are recovered by the refuse collection fee. The Township
may, by resolution, set any applicable discount and discount period
on an annual basis.
[Ord. 2010-01, 1/18/2010, § 8]
The above fee shall be designated on the sanitation assessment
bill sent by the Township to the dwelling unit owner. The refuse collection
fee shall be due on or before the date(s) established by resolution
of the Township from time to time. A late fee of 10% will be added
to all refuse collection fees paid after the due date(s) provided
by resolution. Failure to receive a bill will not exempt the dwelling
unit owner from payment of the refuse collection fee due.
[Ord. 2010-01, 1/18/2010, § 9]
The Township shall collect, by suit or otherwise, all refuse
collection fees, late fees, interest, court costs, reasonable attorneys'
fees, fines and penalties due and unpaid in any manner permitted by
law. If for any reason any fee is not paid when due, the dwelling
unit owner shall be liable for all costs of collection, including
court costs and reasonable attorneys fees.
[Ord. 2010-01, 1/18/2010, § 10]
Unpaid refuse collection fees imposed by this Part, together with sums contemplated by §§ 20-109 and 20-111 hereof, shall be a lien on the property serviced by the refuse and recycling collector contracted by the Township, and such refuse collection fees which shall be delinquent may be filed as a lien against the property so serviced. Said lien shall be filed in the manner provided by law in the office of the Prothonotary of Northampton County, Pennsylvania and shall be collected in the manner provided for by law for the collection of municipal claims.
[Ord. 2010-01, 1/18/2010, § 11; as amended by Ord. No. 2018-01, 4/2/2018]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs,
including reasonable attorneys' fees and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 90 days.
Each day that a violation of this Part continues or each section of
this Part which shall be found to have been violated shall constitute
a separate offense.
[Ord. No. 2020-03, 3/2/2020]
This Part may be known as the "Act 20 Ordinance for the Collection
of Delinquent Sanitation Fees" and may be referenced by that title.
[Ord. No. 2020-03, 3/2/2020]
Hereinafter, for every delinquent sanitation fee claim, charge,
tax, assessment, levy or obligation owed to Lower Mount Bethel Township,
there shall be added to such claim, charge, tax, assessment, levy
or obligation such attorneys' fees, costs, charges, and expenses incurred
in the collection process subsequent to proper notification to ratepayers
of the intent to impose attorneys' fees on such delinquent sanitation
fees. Such additional charges shall be collected in addition to such
interest and penalties as are allowed by law. The additional charges
shall further be collected in the same manner and with the full authority
as other municipal claims of any nature, and shall be deemed to be
a municipal claim and collectable and lienable as such.
[Ord. No. 2020-03, 3/2/2020]
Any such attorney fees and costs as are authorized by § 20-202 of this Part shall be reasonable, and the same are hereby established as fee rates which are attached hereto and made a part hereof as Schedule "A."[1] Said Schedule "A" of fees is hereby deemed and approved
to be reasonable, fair, and necessary in order to allow the Township
to collect such sanitation fees due to it. This Schedule "A" may be
amended by a duly enacted ordinance from time to time.
[1]
Editor's Note: Schedule "A" is on file in the Township
offices.
[Ord. No. 2020-03, 3/2/2020]
Any person or entity empowered to collect delinquent sanitation
fees on behalf of the Township is authorized and directed to add the
attorney fees and costs for such collection to the delinquent sanitation
fees, as are incurred to the extent allowed and set forth on Schedule
"A." Such attorney fees and costs collected pursuant to this Part
shall be in addition to any claim, penalty, interest, costs or fees
already part of the delinquent sanitation fee account or assessment.
[Ord. No. 2020-03, 3/2/2020]
Attorney fees and costs incurred to the extent set forth on
Schedule "A" shall be added to all unpaid or delinquent sanitation
fees arising or imposed subsequent to the date of enactment and adoption
of this Part, or which become delinquent or are re-determined to be
delinquent subsequent to such date. Prior to the time when such attorney
fees and costs are added to any underlying claim for sanitation fees,
the collector shall first give the ratepayer such notice as required
by law. The collector shall so notify the ratepayer by sending such
notice to the property owner's or ratepayer's last known
address by mailing notices in the manner prescribed by the Act of
the Pennsylvania General Assembly, known as "Act 20 of 2003," and
codified at 53 P.S. § 7106 and 53 P.S. § 7143,
also known as the "Municipal Claims and Tax Lien Law."[1]
[1]
Editor's Note: The full Municipal Claims and Tax Lien Law
is codified at 53 P.S. §§ 7101 through 7505.
