[HISTORY: Adopted by the Board of Supervisors
of the Township of North Codorus as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-17-1992 by Ord. No. 125-6-92]
Wherever in this article the following terms
are used, they shall have the meanings respectively ascribed to them
in this section:
The residue from the burning of wood, coal, coke or other
combustible materials for the purpose of heating and cooking.
The person with whom the Township has contracted to collect,
remove and dispose of garbage, ashes and refuse and recyclable material
under the provisions of this article, and the persons employed by
the collector for that purpose.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, fruit, vegetables and parts thereof, and all
other articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
Every natural person, firm, copartnership, association or
corporation.
Includes colored and clear glass, bimetal (tin) cans, aluminum
cans, plastic (PET) bottles and other such materials.
A general term which shall mean all matter and materials
which are discarded or rejected by the owners or producers thereof
as waste, and shall include all items of solid waste, but shall exclude
all residual waste, agricultural waste and hazardous waste, as the
terms "solid waste," "residual waste," "agricultural waste," and "hazardous
waste" are defined in the Solid Waste Management Act, Act of July
7, 1980, P.L. 380, No. 97, Section 101 et seq. (35 P.S. § 6018.101
et seq). "Refuse" shall further exclude debris from household renovations,
whether interior or exterior; dirt; rock; lead pipe; limbs or the
trunks of trees greater than three inches in diameter.
The supervision of the collection, removal and
disposal of garbage, ashes and refuse and recyclable material, to
include the collection of fees, shall belong to the Township, and
the Township is hereby vested with full authority to make all necessary
rules and regulations not contrary to law and in conformity with this
article that it shall, from time to time, deem advisable to accomplish
the ends and purposes of this article.
A.
It shall be unlawful for any person, other than such
as are duly authorized by the Township, to collect and haul ashes,
garbage or refuse of any nature within or from the Township, for a
person other than himself. Authorization to collect and dispose of
refuse for persons other than oneself shall be accomplished as hereinafter
set forth.
B.
The Township shall award a contract to one person
as the Township collector for a period of not less than one year,
who, during the length of the contract, shall have the exclusive right
and obligation to collect and haul all refuse within the Township.
The only exceptions shall be:
[Amended 6-15-2010 by Ord. No. 218-06-2010]
(1)
Business
and commercial establishments and apartment buildings containing more
than three dwelling units.
(2)
An owner or occupant of a residential dwelling unit who provides to the Township a copy of a contract with a licensed refuse hauler approved by the York County Solid Waste Authority for the nonresidential disposal of waste (such as for a business, commercial establishment, or apartment building containing more than three units), and who proves to the satisfaction of the Township Manager that the hauler will permit the disposal of his or her residential waste pursuant to that contract. Nothing in this Subsection B(2) is intended to, nor shall it, permit the owner or occupant of any residential dwelling unit to contract with a hauler other than the Township's exclusive contract hauler for the direct collection, hauling, or disposal of the refuse from that dwelling unit.
Any person, being in control of a residential
premises or apartment building containing three or fewer dwelling
units who permits any person except himself or the collector to collect
or remove any garbage, ashes, refuse or recyclable material from such
premises shall be guilty of a violation of this article.
Every person desiring the collector to collect,
remove and dispose of garbage, ashes and refuse shall provide containers
in accordance with agreements reached between the Township and the
collector and shall be subject to such rules and regulations as the
Township shall, from time to time, establish.
The provisions of this article shall not apply
to any employee of the Township engaged in the performance of his
duties.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
[Adopted 5-21-1996 by Ord. No. 137-5-96]
North Codorus Township has adopted its Refuse Disposal Ordinance, as amended by Ordinance No. 125-6-92, North Codorus Township Code § 154-1 et seq.,[1] pursuant to which a contract is established periodically
with one refuse collector for the collection and disposal of refuse
within or from the Township. A fee or charge for the collection and
disposal of refuse, together with reasonable administrative and similar
expenses, is hereby imposed upon all real estate, and the owners thereof,
situate within North Codorus Township, in York County, Pennsylvania,
from which refuse is collected for disposal or recycling under and
pursuant to said contract provided by the Township.
The fee or charge for the collection and disposal of refuse imposed by § 154-8 hereof shall be for each dwelling, business, educational, industrial and commercial unit situate upon said real estate served by such contract, and shall be at such rates, and with such discounts or early payment, as the Township Supervisors shall from time to time establish by resolution.
The following definitions shall apply for imposing
the foregoing refuse fee or charge upon each unit:
A.
Each room, group of rooms, apartment, building or
other enclosures occupied or intended for occupancy as separate living
quarters by a family or other group of persons living together or
by a person living alone shall constitute one dwelling unit.
B.
A business, educational, industrial or commercial
unit shall include, but not be limited to, the following, inter alia:
(1)
A building under one roof, one side of a double house
having a solid, vertical partition wall, or a combination of buildings
or other enclosures, occupied by an individual, partnership, unincorporated
association, joint venture, corporation or other entity as one party,
or intended for occupancy, as a separate business, educational, industrial
or commercial establishment.
(2)
In the event a building or a combination of buildings
within the same enclosure, contain more than one such establishment
or the facilities or layout for more than one such establishment or
any combination of the same, each office or suite of offices, shop,
store, repair or service station, warehouse space, or other similarly
contained facility or layout located in such building or buildings
shall constitute one such unit.
[Amended 2-17-2009 by Ord. No. 208-02-2009; 11-20-2012 by Ord. No.
249-11-2012]
A.
The refuse
fees and/or charge(s) imposed by this article shall be due and payable
no later than 30 days from the date of billing. Failure to remit timely
payment shall result in the assessment of a penalty in the amount
of 10% on the delinquent amount together with any and all costs and
fees associated with the collection of the delinquent amount.
B.
Any delinquent
amount shall be considered a lien against the real estate so served
and shall be filed against said real estate in the Office of the Prothonotary
of York County, Pennsylvania. Further, it shall be entered and collected
in the manner as set forth by the Pennsylvania Municipal Claims and
Tax Lien Law, 53 P.S. § 7101, et seq. Interest shall be assessed
in the manner and to the maximum extent permitted by law.
C.
In addition to the refuse fees/charges and penalties identified herein, attorney fees shall be assessed and collected in accordance with Chapter 84, entitled Claims, Municipal.
D.
The Township
reserves the right to pursue any other method of collection, or avail
itself of any other legal remedy(ies), including immediate termination
of service, as determined in its sole and ultimate discretion.
