The Borough of Folcroft collects refuse from all residential
dwellings (as defined below) in accordance with certain rules and
regulations previously adopted by Borough Council; and Borough Council
does not intend by this article to change said rules and regulations,
but reserves the right to so change said rules and regulations in
the future; and the intent of this article is to adopt a fee for refuse
collection for the refuse now collected by the Borough of Folcroft
as well as a method of collection of said fee.
As used in this article, the following terms shall have the
meanings indicated:
REFUSE
All garbage, trash, ashes, glass, hedge waste, lawns scrapings,
tree clippings and paper tied together, excluding all building materials,
brick, stone, plaster, plasterboard, roofing shingles, wood and large
trees or logs, manure, offal or similar material.
Collection of all refuse shall be in accordance with the rules
and regulations previously adopted by Borough Council or any amendments
of said rules and regulations adopted in the future by Borough Council.
[Amended 2-13-1978 by Ord. No. 680; 2-12-1979 by Ord. No. 697; 12-14-1987 by Ord. No. 816; 12-12-1988 by Ord. No. 826; 12-11-1989 by Ord. No. 831; 12-10-1990 by Ord. No. 840; 12-12-1994 by Ord. No. 877; 12-16-1997 by Ord. No. 908; 12-13-1999 by Ord. No. 928; 12-13-2004 by Ord. No. 970; 11-21-2006 by Ord. No. 990]
A. Amount. Fees shall be in such amounts as established from time to
time by resolution of Borough Council. Only residential units will
be serviced by the Borough collector. The owner of any structure or
unit consisting of three or more dwelling units is responsible for
collection from said units.
B. Responsibility for payment. The payment of the fee for each dwelling
unit shall be the responsibility of the owner of the real estate.
C. Time due. The fee shall be due and payable within 60 days from the
time of delivery of said bills. After the sixty-day period, the fee
shall be considered delinquent. In the event of a delinquency, the
collection of said refuse shall be stopped without further notice,
and a penalty of 10% shall be added to the amount then due as a late
payment. If said account remains unpaid as of December 31 of the billing
year, interest at the rate of 6% per annum from the billing date shall
be computed on the principal of the bill and penalty, and added thereto.
The Tax Collector shall certify to the person in charge of directing
the collections that service on such delinquent accounts shall cease.
Service shall be resumed thereafter only upon payment of the annual
collection charge penalty and any interest due thereon. The Borough
Council may, for cause shown, specifically direct that collection
of refuse shall continue even if a fee is not paid. The stoppage of
service hereinbefore authorized for nonpayment of collection charges
shall be in addition to the right of the Borough to proceed for the
collection of said unpaid charges by an action in assumpsit or, at
the election of the Borough, in any other manner provided by law.
D. Payment of all fees shall be made to the Tax Collector of the Borough
of Folcroft.
E. The Borough shall be responsible for preparing and sending out all
bills for the collection of the fee as well as the collection of said
fee.
F. The Tax Collector shall receive a flat rate of compensation (salary)
on an annual basis to be paid in installments of $4,000. All costs
for preparation of bills and collection of said refuse fee, with the
exception of court costs and attorneys' fees, shall be paid by the
Borough.
[Amended 1-8-2009 by Ord.
No. 1008]