[Adopted 8-30-1982 by Ord. No. 389, approved
8-30-1982]
As used in this article, the following terms
shall have the meanings indicated:
All putrescible (or decayable) wastes, except sewage and
body wastes, including vegetable and animal offal and carcasses of
dead animals, and all such substances accumulated on or removed from
all public and private establishments and properties, including residences,
but excluding recognizable industrial by-products, discarded wood
and lumber, grass clippings, weeds and leaves.
Any individual, firm, partnership, company, corporation,
association, society or group.
A building or part thereof designed to be used or used as
living quarters which has separate and private sanitary, cooking and
eating facilities for one family, which may consist of any number
of individuals living together as a single housekeeping unit and maintaining
a common household living within such building or part thereof.
General dry material produced routinely by household, commercial
or industrial establishments, such as paper, cans, bottles and other
containers and ashes.
Includes bushes, branches, Christmas trees, lawn rakings
and similar waste materials, bulky objects such as discarded household
appliances, equipment, furniture or construction waste, but excluding
batteries, tires and hazardous wastes.
[Amended 10-9-1989 by Ord. No. 425, approved
10-9-1989]
[Amended 10-9-1989 by Ord. No. 425, approved
10-9-1989]
A.
The Borough of Conway by and through its employees,
agents or contractors shall collect, remove and dispose of all garbage,
rubbish and trash from each residential building in the Borough of
Conway containing three or fewer residential dwelling units at the
curb or accessible alley abutting the property.
B.
The collection, removal and disposal of garbage, trash
and rubbish shall occur approximately once each week.
[Amended 11-9-1987 by Ord. No. 415, approved
11-9-1987]
A.
There is imposed upon each residential dwelling unit
covered by this article a service charge of $11.50 per month upon
the availability and opportunity of having certain garbage, rubbish,
trash and recycling removed by the Borough or its agent from each
residential dwelling unit in the Borough. Said service charge of $11.50
per month shall begin to accrue from and after January 1, 2007. As
long as the Borough is securing a third party to perform its garbage
and recycling collection, this service charge will vary with every
contract term it awards to the lowest bidding or most appropriate
contractor. Thus, hereinafter, this service charge per unit will be
set by resolution as opposed to ordinance.
[Last amended 12-20-2006 by Ord. No. 511, approved
12-20-2006]
B.
The service charge set forth in Subsection A above shall be billed in advance, every four months, and shall be due and paid in full on or before the last day of the four-month period.
C.
A discount of one month's service charge from the
total service charges for a twelve-month period will be granted for
the payment in advance of the total service charges for a residential
dwelling unit for the succeeding twelve-month period.
D.
The owner of record of each residential dwelling unit
covered by this article shall be billed and is immediately and primarily
liable and responsible for the payment of the garbage, trash, rubbish
and recycling collection service charge. The obligation to pay the
service charge shall be suspended or terminated only when the water
service to the residential dwelling unit is terminated, the residential
dwelling unit is vacant and no garbage, rubbish, trash or recyclable
materials are generated, disposed or removed.
All service charges imposed by this article
remaining unpaid after they become due shall be subject to a penalty
of 10% of the amount of the service charge and shall bear interest
on the amount of the unpaid service charge and penalty at the rate
of 10% per year. The costs of collection, including reasonable attorney's
fees, shall be added as an additional penalty.
The service charge imposed by this article shall
be a lien on the property served by the Borough of Conway, and such
lien may be collected and enforced in accordance with law.
[Amended 11-9-1987 by Ord. No. 415, approved
11-9-1987[1]]
Any person, corporation, partnership, owner
of record or resident convicted before the District Justice of violating
any of the provisions or requirements of this article, or any person,
corporation, partnership, owner of record or resident who shall fail,
neglect or refuse to pay the service charge and penalties imposed
by this article, or any person, corporation, partnership, owner of
record or resident who shall knowingly and willfully refuse and fail
to pay the service charge, shall be subject to a fine of not more
than $100 or to undergo imprisonment of not more than 30 days for
the nonpayment of such service charge, penalty and costs within 10
days of the imposition thereof. Such fine or penalty shall be in addition
to any other penalty imposed by any other section of this article.
[1]
Editor's Note: Section 3 of this ordinance
provided an effective date of January 1, 1988.
The Council of the Borough of Conway shall have
the power and authority at any time and from time to time to make
such other rules and regulations with respect to the collection, removal
and disposal of garbage and the manner and procedure of billing and
collection as the Council of the Borough of Conway in its sole discretion
may determine.
