[Ord. 620, 1/6/1992]
This Part is adopted in conformance with and pursuant to authority
granted by Section 1202(2), (8) of the Borough Code, 53 P.S. §46202(2),
(8), as amended.
[Ord. 620, 1/6/1992]
The following words used in this Part shall have, unless the
context clearly indicates otherwise, the meanings given to them in
this Section:
BOROUGH
The Borough of Selinsgrove, Snyder County, Pennsylvania.
COUNCIL
The Council of the Borough of Selinsgrove, Snyder County,
Pennsylvania.
GARBAGE
Any discarded animal or vegetable matter.
PERSON
A natural person, firm, partnership, association, corporation,
trust or any entity with legal responsibilities. Whenever used in
any clause prescribing or imposing a fine or imprisonment, or both,
“person” shall mean, as applied to associations, the partners
or members thereof and, as applied to corporations, the officers thereof.
[Ord. 620, 1/6/1992]
This Part is enacted to promote the general health, welfare
and safety of the community by establishing a Borough service by which
residents may conveniently and legally dispose of certain items of
refuse which they may otherwise find inconvenient to dispose of legally
and, in imposing a fee for the service, by generating funds to help
pay for the service.
[Ord. 620, 1/6/1992]
Once a year, on certain days to be announced and specified by
the Borough for the various sections of the Borough, the Borough shall
collect certain refuse from residential establishments where such
refuse has been placed at the curbside for collection in accordance
with any rules and regulations pertaining thereto. This collection
of refuse may be referred to as “Cleanup Day(s).”
[Ord. 620, 1/6/1992; as amended by Ord. 679, 5/3/1999; by Ord. 708, 12/2/2002; and by Ord.
825, 10/3/2016]
A per-quarter fee of in an amount as established, from time
to time, by resolution of Borough Council is imposed upon each residential
and commercial establishment within the Borough for use of the refuse
collection service established by this Part to help pay for its cost.
This fee must be paid whether or not the refuse collection service
is used by the establishment. An establishment shall be equivalent
to the dwelling unit that quarterly receives a water bill from the
Borough for water service, and the fee shall be billed quarterly with
that water bill. A bill for refuse collection services that is unpaid
after its due date shall be delinquent and shall be subject to a one-time
only penalty of 25% of the amount due. In order for the establishment
to cure the delinquency, the establishment must pay the delinquent
bill, together with the penalty. Failure to pay delinquent bills for
two quarters may result in a lien being imposed against the delinquent
establishment in the amount of the delinquent bills and penalties,
together with interest, attorney’s fees and court costs provided
for in the Pennsylvania Municipal Claim Law, 53 P.S. §7101
et seq. The procedure for imposition and schedule for the amount of attorney’s fee set forth in §
26-112 of Chapter
26, “Water,” shall apply hereto, which Section is incorporated herein by this reference. The Borough Council may from time to time, by duly adopted resolution, change the amount of the fee imposed here, which change in fee shall have full force and effect as a part of this Part.
[Ord. 620, 1/6/1992]
By duly enacted resolution, the Council may from time to time
make further rules and regulations and impose other fees or charges
pertaining to the refuse collection service established by this Part,
which rules, regulations, fees and charges shall have full force and
effect as part of this Part.
[Ord. 620, 1/6/1992]
The Borough shall give notice of a collection under this Part
by publication in newspaper of general circulation in the Borough
not more than 30 and not less than seven days beforehand.
[Ord. 620, 1/6/1992; as amended by Ord. 825, 10/3/2016]
Any person who violates any provision of this Part, especially who does not pay the fee imposed in §
20-306, shall, 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 less than $25 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in enforcement proceedings 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. In addition to these penalties, the Borough shall have whatever other recourse in law or equity it may have to enforce this Part. Upon filing of a municipal claim to secure payment of the fee imposed in §
20-306, a 5% attorney’s commission and 10% annual interest shall be due.