[Ord. No. 3-2020, 9/14/2020]
The provisions of this chapter and rules and regulations of the office of building inspection interpreting such provisions shall become effective as hereinafter specified.
[Ord. No. 3-2020, 9/14/2020]
This chapter is hereby declared to be remedial and shall be constructed to secure the beneficial interests and purposes thereof, which are public safety, health and welfare, by providing a system of specifications, regulations and licensing to ensure that the location of waste dumpsters within a public right-of-way does not impede or endanger the free flow of pedestrian or vehicular traffic within the municipality; it is the intent and purpose to further protect the health, safety and welfare of the general public of the municipality.
[Ord. No. 3-2020, 9/14/2020]
1.
Interchangeability. Words used in the present tense include the future; words used in the masculine gender include the female and neuter; and the singular number includes the plural and the plural the singular.
2.
Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
3. CARTWAY CONSTRUCTION WASTE DUMPSTER DUMPSTER GARBAGE NONCONSTRUCTION WASTE DUMPSTER PERSON PORTABLE STORAGE DEVICE PUBLIC RIGHT-OF-WAY RUBBISH SIDEWALK SIDEWALK AREA TEMPORARY DUMPSTER TREE LAWN TREE LAWN AREA
Definitions. As used in this chapter, the following terms shall have the meaning indicated:
That portion of the right-of-way designated for vehicular use. This shall include both opened and unopened streets.
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.
A metal storage receptacle used to temporarily store debris or garbage, and which is then emptied of its contents or removed with its contents to a dumpsite; said term shall be inclusive of construction and nonconstruction waste dumpters.
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
A unit designed for the deposit of all types of rubbish materials, excluding garbage, generated at sites other than building construction, repair or demolition.
Any individual, firm or partnership, association, or corporation.
Any item placed in a street that is not a motor vehicle as defined by the Pennsylvania Vehicle Code, or a temporary dumpster, including, but not limited to, containers commonly known as "portable storage devices" or "PODS®."
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.
Nonputrescible solid waste consisting of both combustible and noncombustible waste such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar items.
That portion of the sidewalk area which is paved for pedestrian use.
That area extending from the curbline to the property line which is designated by the Municipal Engineer's office for pedestrian use.
Any dumpster used or intended as a disposal facility for construction, renovation, or demolition projects, special events, seasonal use, or other purposes not permanent in nature.
That portion of the tree lawn area which is grass and/or tree-lined.
That area extending from the curbline to the sidewalk area which is designated by the Municipal Engineer's office for grass.
[Ord. No. 3-2020, 9/14/2020]
Regulations applicable to the permit requirements for the placement of construction or nonconstruction waste dumpsters upon a public right-of-way are as follows:
1.
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 dumpster without first obtaining a permit from the Wyoming Borough Manager or their designee. 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.
2.
A permit shall be requested with the Borough Manager or their designee, 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.
3.
All permits issued shall cover only the work set forth in the permit request; however, in the event that it is necessary to replace a dumpster upon a public right-of-way prior to the completion of said work, additional permits shall not be required.
4.
The placement of only one dumpster per job site upon a public right-of-way shall be permitted at any one time.
5.
No permits shall be issued by the Borough management if, in their opinion, the location and placement of this dumpster will create a safety hazard to the use of the sidewalk area, tree lawn area or cartway by pedestrians or vehicles.
6.
Upon the issuance of a dumpster permit by the Borough Manager, the permit must be displayed in a conspicuous place in front of the premises plainly visible to passersby 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.
7.
A permit for portable storage units is not required under this chapter.
[Ord. No. 3-2020, 9/14/2020]
A fee of $25 shall be paid for each dumpster permit issued by the Borough management or their designee. All permits pursuant to this chapter shall be valid for 30 days from the date of issue. If a dumpster remains on the property past 30 days of the date of issuance of the permit, a new permit must be obtained, or it shall be considered in violation of the terms of this chapter.
[Ord. No. 3-2020, 9/14/2020]
A construction dumpster shall be permitted to be placed upon a public right-of-way for a maximum period of 30 days during building construction, repair or demolition projects for which a building permit was secured from the Borough Manager or their designee. The Borough management or the Chief of Police for cause shown (i.e., such as inclement weather conditions which prohibit or delay work or other valid reasons of similar nature) shall have the discretion to approve a time extension for a dumpster; however, under no circumstances shall a dumpster be permitted to be placed upon a public right-of-way exceeding 30 days. Also, in no event shall a full dumpster be allowed to remain in the public right-of-way, notwithstanding the time period specified above, for more than 24 hours.
[Ord. No. 3-2020, 9/14/2020]
A nonconstruction waste dumpster shall be permitted to be placed upon a public right-of-way for a maximum of 30 consecutive days. The Borough management or Chief of Police for cause shown (i.e., such as inclement weather conditions which prohibit or delay work or other valid reasons of similar nature) 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 exceeding 30 days. Also, in no event shall a full nonconstruction waste dumpster be allowed to remain in the public right-of-way, notwithstanding the time period specified above, for more than six hours.
[Ord. No. 3-2020, 9/14/2020]
A portable storage unit shall be permitted to be placed upon a public right-of-way for a maximum of 30 consecutive days. The Borough management or Chief of Police for cause shown (i.e., such as inclement weather conditions which prohibit or delay work or other valid reasons of similar nature) shall have the discretion to approve a time extension for a portable storage unit; however, under no circumstances shall a portable storage unit be permitted to be placed upon a public right-of-way exceeding 30 days.
[Ord. No. 3-2020, 9/14/2020]
Regulations applicable to the placement of construction or nonconstruction waste dumpsters upon a public right-of-way are as follows:
1.
The placement of a portable storage unit, 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.
2.
A portable storage unit, construction or nonconstruction waste dumpster placed upon a public right-of-way shall not extend into a cartway, nor impede or endanger the free flow of pedestrian or vehicular traffic.
3.
A portable storage unit, construction or nonconstruction waste dumpster placed upon a public right-of-way shall not be placed within 15 feet of a crosswalk at an intersection.
4.
A portable storage unit, construction or nonconstruction waste dumpster placed upon a public right-of-way shall not be placed within 15 feet of a fire hydrant.
5.
A portable storage unit, 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 passersby and kept there for the duration of the permit.
6.
A portable storage unit, 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 placed in operation on the dumpster side nearest the travel lane of the public right-of-way from sunset to sunrise.
7.
No public right-of-way shall be closed for the purpose of location or utilization of a portable storage unit, construction, or nonconstruction waste dumpster.
8.
The location and utilization of a portable storage unit, 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.
9.
The placement of a portable storage unit, construction or nonconstruction waste dumpster shall not extend into the sidewalk area any more than 1/3 the width of the sidewalk area, but in no case more than three feet.
10.
The placement of a portable storage unit, construction or nonconstruction waste dumpster shall not extend into the tree lawn area unless approved by the Borough management or Chief of Police.
11.
Where a portable storage unit, construction or nonconstruction waste dumpster is placed upon a portion of public right-of-way within a parking meter zone, authorization from the Wyoming Police Department to bag the meter or meters must be secured for all affected meters, at a fee of $10 per day, Monday through Saturday, per meter.
12.
The location and utilization of a portable storage unit, construction or nonconstruction waste dumpster placed upon a public right-of-way shall follow all other federal, state, and local statutes, rules, and regulations applicable thereto.
[Ord. No. 3-2020, 9/14/2020]
Neither a portable storage unit, nor a dumpster shall not be permitted to be placed upon a public right-of-way for the disposal of garbage as defined in this chapter.
[Ord. No. 3-2020, 9/14/2020]
1.
Whenever the placement of a portable storage unit, dumpster or portable storage unit 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 Borough management, Chief of Police, or their designees, 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 that the same be made safe and secure or removed within 48 hours after notice has been issued relative to the unsafe or hazardous condition.
2.
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 portable storage unit, or dumpster to which it relates. Such mailing and posting shall be deemed adequate service.
3.
If the person served with a notice to make safe and secure or remove the construction or nonconstruction waste dumpster should fail, within the time frame specified by The Borough management or Chief of Police, or their designees, to comply with the requirements thereof, The Borough management or Chief of Police, or their designees, when authorized by the Mayor, the Mayor's designee or Wyoming Town Council, whichever is deemed appropriate, may have said waste dumpster removed from the public right-of-way. Any costs incurred shall be paid by the Borough of Wyoming.
4.
The Municipal Solicitor 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 municipality in the performance of having said waste dumpster removed from the public right-of-way.
5.
Any person aggrieved by the actions of the the Borough management, Chief of Police, or their designees, may take an appeal to the Board of Appeals within 10 municipal working days from the date notice to make safe and secure or remove the waste dumpster is mailed. The Board of Appeals shall convene a hearing as prescribed in this chapter.
[Ord. No. 3-2020, 9/14/2020]
1.
Any person who shall violate any of the provisions of this chapter shall after having been served written notice shall be liable to a fine of not less than $200 for each offense, and not more than $600 for each offense. Each day that said violation of unsafe condition shall continue shall constitute a separate offense.
2.
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 less than $200 per each offense and not more than $600 for each offense. Each day that said violation or unsafe condition shall continue shall constitute a separate offense.
[Ord. No. 3-2020, 9/14/2020]
1.
There is hereby established an Appeals Hearing Board to hear all appeals provided for under this chapter. The initial appointment of the Hearing Board Officers shall commence the term of service and shall continue until December 31 of the year following the appointment. Thereafter, all appointments shall be from January 1 through December 31. The Appeals Board shall be comprised of the following:
A.
One individual of the administrative branch of the municipal government to be designated by the Mayor;
B.
One member of the legislative branch; a Council member, to be designated by the Town Council; and
C.
One resident of the Borough of Wyoming, who is not a member of the legislative or administrative branch of the municipal government of Wyoming. This person shall be appointed to serve by the Mayor, with the approval of Council.
2.
All appeals under this chapter must be made in writing to the Board of Appeals and directed to them, care of the Municipal Secretary, addressed to the municipal building. Such appeals shall be made in writing and received by the Board of Appeals as indicated above no later than the 10th municipal business day from the date the notice of license suspension or revocation is mailed. Said written appeal must specify the decision that is being appealed and state the reason or reasons thereof and specify any facts in support of said appeal. This written appeal must be accompanied by an affidavit. Also, the appeal must be accompanied by a fee of $250, payable in advance to the Borough of Wyoming for each appeal to be taken to cover the costs of the notices of hearing, the hearing and in particular, the cost of a stenographic record of the hearing. This fee shall be refundable to the appellant in such instances where the Board of Appeals reverses the decision of the Borough management, Chief of Police, or their designees.
3.
The Board of Appeals shall schedule, within 30 days after a notice of appeal has been filed as stated above, a hearing. The appellant or his representative shall have the right to appear and be heard. Any member of the Hearing Board shall have the authority to administer oaths to any person who is to give testimony at any hearing before the Board. A stenographic record of the hearing shall be made by the Hearing Board. A written decision shall be made by the Appeals Board within 20 municipal business days after the conclusion of said hearing. The decision of the Appeals Board on such appeals shall be in writing and contain findings of fact and conclusions of law. Said decision shall be served on the appellant and The Borough management. Service of said decision can be made by personally handing a copy to the individuals or by regular mail, postage prepaid.
4.
Appeals from the Board can be taken within 30 days of the date of the decision of the Board to the Court of Common Pleas of Luzerne County. Said appeal to the Court of Common Pleas will be limited to the Court reviewing the record made at the hearing given by the Appeals Board, and the scope of review shall be limited to whether or not the Appeals Board abused its discretion in rendering its decision. The Appeals Board can only be reversed by the Court of Common Pleas of Luzerne County if it is determined by said Court that the Appeals Board had in fact abused its discretion. Appeals beyond the Court of Common Pleas of Luzerne County shall be governed by the applicable rules and laws pertaining to the same.