[Adopted 5-18-2000 by Ord. No. 942]
For the purposes of this article, the following terms shall have the meanings indicated:
DUMPSTER
Any container for refuse or recyclable materials including a trash compactor used in the course of doing business to store refuse with a gross volume of more than one cubic yard used by any person licensed pursuant to this article in the conduct of licensee's business, which are constructed of fire resistive metal, the lids of which are securely attached to the body of the dumpster and when closed, for a secure seal. Further, there shall be no holes in the bottom of said dumpster except for a drainage hold, which must be kept plugged with dumpster in not being cleaned.
ENGINEER
The Engineer for the Borough of Media.
LICENSE AGREEMENT
A written agreement between the Borough of Media and the owner or business granting said owner or business a license to use the public streets or right-of-way in connection with said business as outlined in said agreement.
PUBLIC STREET or RIGHT-OF-WAY
Any street, road, lane, court, cul-de-sac, alley, public way or public square either for or intended for public use, and shall include the cartway, sidewalk, gutter and/or the right-of-way area owned in fee by the Borough.
STAIRWAY
Any means of ingress or egress onto a property or building, having more than four risers and includes every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches above the floor or grade.
STAIRWELL
Any means of ingress or egress onto a property or building which shall be below the floor or grade of the property and has more than four risers.
UTILITY EQUIPMENT BOX
All boxes and conduit bodies used as outlet, junction or pull boxes for utilities.
From and after the passage of this article, it shall be unlawful for any property owner or business to place or erect dumpsters, stairways and/or stairwells or utility equipment box to be on or in the public streets or rights-of-way of the Borough unless the property owner or business utilizing said dumpster, stairway or stairwell or utility equipment box enters into a license agreement with the Borough in the form as may be mandated, from time to time, by the Borough.
A. 
Dumpster. Any dumpster placed in the Borough public street or right-of-way shall be housed within an enclosure constructed in accordance with the specifications as set forth by the Engineer and be placed at the location as specified by the Engineer for each specific business or owner. At a minimum, said dumpsters shall be enclosed within a wooden shadow box fence reinforced with tubular steel with a height at least equal to that of the dumpster it is shielding and no higher than six inches in excess of the height of the dumpster that it is shielding, made of treated lumber with suitable gates and shall be set on a four-inch 3,500 psi concrete pad with wire reinforcement. Said fence shall be supported by four-inch-by-four-inch treated wooden posts. Two or more businesses may share a dumpster.
[Amended 4-19-2007 by Ord. No. 1025]
B. 
Stairways or stairwells. Any stairway or stairwell placed in the Borough public street or right-of-way shall be constructed in accordance with the specifications as set forth by the Engineer and be placed at the location as specified by the Engineer for each specific business or owner.
C. 
Utility equipment box. Any utility box which is placed in or overhangs into the Borough public street or right-of-way shall be housed within an enclosure constructed in accordance with the specifications as set forth by the Engineer for each specific business or owner in accordance with the specifications set forth by the Engineer and the latest edition of Article 370 - Outlet, Device, Pull and Junction Boxes, Conduit Bodies and Fittings of the National Electric Code.
Each owner or business utilizing said dumpster, stairway or stairwell or utility equipment box shall enter into a license agreement with the Borough prior to placing or constructing said dumpster, stairway or stairwell or utility equipment box in the public street or right-of-way. Said license agreement shall be in the form mandated, from time to time, by the Borough. However, at a minimum, the license agreement shall be revokable at the will of the Borough; the owner or business shall indemnify and hold harmless the Borough of any and all injuries or claims that result from said dumpster, stairway or stairwell or utility equipment box being in the public street or right-of-way; and the owner or business shall provide proof of liability insurance coverage naming the Borough as an additional named insured.
A. 
Any property owner or business who, in the sole discretion of the Code Enforcement Office of the Borough, shall be in violation of this article shall have 48 hours from receipt of written notice of said violation to cure said violation.
B. 
Failure to cure said violation of this article within such time period shall subject both the property owner and business in violation hereof a fine of not more than $100, plus costs of prosecution. Each day said property owner or business is in violation of this article shall be considered a separate and distinct violation.
C. 
Upon failure to cure said violations, and in addition to any fines, the Borough shall have the immediate right to take such steps necessary to cure the violations and/or remove the offending structure or item within the public street or right-of-way or otherwise protect the public from a dangerous or unsafe condition without liability for damages to or loss of any such property on the part of the Borough and without compensation to the owner or business. All costs incurred in correcting said violation shall be assessed as a fine against the owner or business.