[Adopted 3-12-2024 by Ord. No. 1388]
The following words and phrases shall have the meanings prescribed
hereunder when used in this article.
Containers or receptacles that are placed in the public right-of-way
for the temporary storage and/or transport of waste, debris, or personal
belongings, and which are moveable or transportable with the use of
special vehicles or equipment. Dumpsters are generally used for the
purpose of collecting and temporarily storing residential and commercial
waste materials and debris until the same can be transported to a
landfill or other waste management facility, and shall include all
such types of receptacles, whether metal, plastic, or other materials,
such as synthetic dumpster bags. Portable storage units are generally
used for the temporary storage and/or transport of personal property
for future use. Dumpsters and portable storage units placed on private
property and garbage cans used for regular trash pickup are excluded
from this definition and shall be exempt from this article.
Any individual, partnership, corporation, association, or
other entity that is capable of asserting rights or assuming obligations
under the laws of Pennsylvania.
Sidewalks, streets, alleys, or other spaces that are held
open and passable to the public in the Borough of Sewickley.
A.
No person shall place or cause to be placed any dumpsters or portable
storage units in any public right-of-way unless and until said person
has obtained a permit issued by the Sewickley Borough Code Enforcement
Officer. The duration of such permit shall be for a definite number
of days, and the validity of the permit shall be contingent upon compliance
with this article.
B.
Any person seeking a permit must first complete an application on
a form prescribed by the Borough and submit the completed application
to the Sewickley Borough Code Enforcement Officer along with an application
fee in the amount of $50, or as may be amended from time to time by
resolution of the Borough Council. If granted, the application fee
shall be applied to the initial thirty-day permit fee, or shall be
returned in full to the applicant if the application is denied.
C.
The application shall include the following information:
(1)
Specifications of the dumpster or portable storage unit, including
exterior dimensions and maximum gross weight.
(2)
Purpose for use and type of contents (i.e., temporary storage of
household items, disposal of residential/commercial construction debris,
etc.).
(3)
Proposed address or location for placement in the public right-of-way.
(4)
Proposed date range that it will remain in the public right-of-way.
(5)
Name, address, and telephone number of the applicant.
(6)
Company name, address, and telephone number of dumpster or portable
storage unit owner to serve as an additional designated contact person.
D.
Within 10 days after submission of a completed application and application
fee, the Sewickley Borough Code Enforcement Officer shall review the
application and may conduct an inspection of the proposed location
to determine compliance with the requirements of this article and
to determine in his/her discretion whether the intended use of the
dumpster or portable storage unit is reasonably likely to pose any
threat to the health, safety, or welfare of the public.
(1)
If the Code Enforcement Officer determines that the intended use
fails to comply with the requirements of this article and/or is reasonably
likely to pose any threat to the health, safety, or welfare of the
public, then:
(a)
The permit may be denied by the Code Enforcement Officer; or
(b)
The Code Enforcement Officer may prescribe additional conditions
as may be necessary in his/her discretion to facilitate compliance
with this article and to alleviate any perceived threat to the health,
safety, or welfare of the public. Examples of additional conditions
include limitations on the size of the unit, alternative dates/locations,
additional safety measures, etc.
(c)
The denial of a permit or the imposition of additional conditions
may be appealed by the applicant by writing to the Borough Manager
within 30 days of the date of notice of such decision by the Code
Enforcement Officer, upon receipt of which the Borough Council will
hold a hearing pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
(2)
If the Code Enforcement Officer determines that the intended use
satisfies the requirements of this article and is not likely to pose
any threat to the health, safety, or welfare of the public, or prescribes
additional conditions as set forth above, then the permit may be granted,
subject to the following:
(a)
The applicant shall pay a permit fee equal to $50 for the issuance
of a thirty-day permit. Prior to expiration of the thirty-day permit
period, the applicant shall either cause the dumpster or portable
storage unit to be removed or the applicant must submit a written
request to the Code Enforcement Officer to obtain a thirty-day permit
extension for the additional fee of $50. Any requests for extensions
beyond the second thirty-day permit period must be made in writing
prior to the expiration of the permit period and shall be for a definitive
number of days at the fee of $10 per day.
A.
The placement of a dumpster or portable storage unit upon a street
or alley shall not extend into the travel lane of traffic and must
be placed at least 20 feet from all intersections, and 10 feet from
any driveways on the same side of the street (with the exception of
the applicant's driveway).
B.
Any dumpsters or portable storage units placed upon a street or alley
shall bear 360° reflective markings with sufficient reflective
capacity to provide reasonable warning to approaching traffic from
a distance of at least 100 feet.
C.
All dumpsters or portable storage units must be maintained in a safe
and sanitary manner to assure that the contents may not be invaded
or removed by weather, animals, or trespassers, and must not disturb
adjacent properties with noxious odors, noise, airborne pollutants,
or any other such nuisance.
D.
All dumpsters must be removed from the Borough within 24 hours of
reaching full capacity. A dumpster is considered filled to capacity
when its contents extend above the top edge of any wall of the dumpster
or beyond the edges of any doors, hatch, or other opening in the roof
or any wall of the dumpster.
E.
After any dumpster or portable storage unit is removed, the applicant
shall reasonably clean and restore the location to the condition as
it existed prior to the placement of the unit, including the proper
repair of any damaged surfaces. Such restoration must be completed
within 24 hours of removal. If the area is not cleaned and restored
within 24 hours of removal, Borough officials may cause the area to
be cleaned and restored. Such reasonable costs and expenditures incurred
by the Borough shall be in addition to applicable fines and penalties.
F.
The dumpster or portable storage unit owner may be held jointly responsible
for any and all damage to streets, sidewalks, curbs, public rights-of-way,
or other public improvements which results from the placement, service,
operation, use or removal of the dumpster or portable storage unit.
G.
The applicant shall assume all risk of damage, and the Borough shall
not be liable for any damage to any dumpster or portable storage unit
caused by the Borough in the performance of any public function, including
the removal of units and any other efforts for the abatement of violations
of this article.
The Borough reserves the right to revoke a permit for a dumpster
or portable storage unit for good cause, including, but not limited
to, violations of this article, snow removal, street cleaning, Borough
maintenance/repairs, public safety concerns, or other municipal purpose.
In such a case that the Borough requires the immediate removal of
a dumpster or portable storage unit, notice will be provided to the
applicant to remove the unit within a designated time frame of not
less than 24 hours, and upon compliance, the applicant shall be refunded
the prorated balance of the permit fee for the remaining number of
permitted days.
A.
Any person found by the Sewickley Borough Police Department or Code
Enforcement Officer to be in violation of this article or who permits
a violation of this article shall be subject to prosecution under
the Borough Code, 8 Pa.C.S.A. § 3321 et seq., and upon being
found liable therefor, shall pay a fine of not less than $50 and not
more than $600, plus costs, including, but not limited to, the costs
of abatement of the violation, court costs, and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings and in
the abatement of the violation. Each day a violation exists shall
constitute a separate offense, and each section of this article that
is violated shall also constitute a separate offense.
B.
In addition to or in lieu of the foregoing remedies, the failure
to remove a dumpster or portable storage unit shall constitute a nuisance
pursuant to the applicable provisions of the Borough Code, 8 Pa.C.S.A.
§ 101 et seq., and the Municipal Claim and Tax Lien Law,
53 P.S. § 7101 et seq.
C.
If the penalties and costs provided by this article, or the penalties
and costs allowed by any other remedy in law or equity, are not paid
by the person(s) found to be liable, the Borough may initiate a civil
action for collection of any penalty, cost, claim, judgment, or lien
against persons or property in accordance with the Pennsylvania Rules
of Civil Procedure and/or the Municipal Claim and Tax Lien Law, 53
P.S. § 7101 et seq.
D.
The remedies provided herein shall be cumulative, and nothing shall
preclude the Borough from enforcing this article in equity in the
Court of Common Pleas of Allegheny County, or in any other manner
allowed by law.
All ordinances or parts of ordinances in conflict with the terms
of this article are hereby repealed and rescinded only to the extent
of such conflict.
If any provision, section, sentence, clause, or part of this
article is held to be invalid, such invalid provisions are deemed
to be severable and shall not affect or impair any remaining provision,
section, sentence, clause, or part of this article, which shall continue
in full force and effect.
It is the intent of the Sewickley Borough Council, by adoption
and enactment of this article, that:
A.
This article shall be integrated and incorporated into the Sewickley
Borough Code of Ordinances.
B.
The paragraph headings, section numbers, internal references, and
format of the provisions of this article may be altered or omitted
as necessary to be fully integrated with and incorporated into the
Sewickley Borough Code of Ordinances.
C.
The Sewickley Borough Code of Ordinances shall be revised and amended
to reflect and give effect to the provisions set forth hereunder.
This article shall be effective immediately upon adoption or
as soon thereafter as allowed by law.
