City of Coatesville, PA Article V Collection

§ 190-29 Fee collection schedule.

A. An additional charge as so designated under Chapter 108 of the City Code per 1/2 cubic yard or part thereof will be made for collection, transport and disposal of solid waste in excess of 1/2 cubic yard per week. The owner of each property in the City of Coatesville shall be charged the sum as per the fee defined in Chapter 108 of the City Code per unit for the collection, transport and disposal of up to 1/2 cubic yard of solid waste per week and for the collection, transport and disposal of recyclables consistent with the provisions of the City of Coatesville Recycling Ordinance, Chapter 190, Part 1, Article I, of the Code of the City of Coatesville. The City will also pick up 1/2 cubic yard of recycling.

[Amended 2-12-2001 by Ord. No. 1155-2001; 6-23-2014 by Ord. No. 1433-2014]

B. Billing.

[Amended 12-28-1998 by Ord. No. 1094-98; 2-24-2003 by Ord. No. 1210-2003; 12-22-2005 by Ord. No. 1271-2005; 4-12-2010 by Ord. No. 1333-2010; 6-23-2014 by Ord. No. 1433-2014; 11-27-2047 by Ord. No. 1497-2017]

(1) Bills for solid waste collection shall be included in the real estate bill issued by the City and will be sent out for the annual minimum charge established in Chapter 108 and sent to the owners at the beginning of any year (after January 15) to be paid in full by December 31 of the year of billing. The amount will be based upon whether the trash collection has been characterized under § 190-16 of this chapter as subject to standard collection service or qualified for private trash collection.

(2) The solid waste fees will be subject to a discount of 2% if paid in full by March 31. The solid waste fees can be paid in three equal installments of the face amount with payments due March 31, April 30 and May 31. Each installment payment must be made within the time specified, or the entire bill (the remaining unpaid portion of the bill) will be treated as delinquent, subject to procedures identified below.

(3) The bills mentioned in Subsection B(1) above, if not timely paid, will be subject to a late fee of 10%. Further, if this amount and the late fee are not paid within 30 days of demand for same, an additional increase of 30% over the amount then due shall be added to the bill as a delinquency charge, and the City shall be authorized to move forward with a collection action. In addition, the City shall be entitled to the recovery of any fees incurred by the City in its collection action, including legal fees, filing fees and costs (such as the fees for the filing of a municipal lien); and the City shall be entitled to interest at the maximum rate permitted for the municipal lien law and state law generally.

(4) Any multifamily, commercial, institutional or industrial unit owner who wishes to apply for a private hauler registration must complete an application, which will be automatically sent and billed based upon prior year applications, and obtain approval of same by the Codes Office of the City of Coatesville. The fees for such private hauler shall have an amount established by ordinance or resolution and found in Chapter 108 of the Code.

[Amended 6-23-20014 by Ord. No. 1433-2014]

C. The owner of the premises served shall be billed and responsible for the payment thereof. For nonpayment, the City shall have the remedy of suing, liening the property and any other remedy allowed by law, including but not limited to the delinquent procedures set forth by this Part 2.

[Amended 12-28-1998 by Ord. No. 1094-98]

D. All charges and penalties for collection, transport and disposal of solid wastes not paid by the last day of the current year may be liened as provided by the Pennsylvania Municipal Claims and Tax Liens Act, 53 P.S. § 7107.

[Amended 12-28-1998 by Ord. No. 1094-98; 2-12-2001 by Ord. No. 1155-2001]

E. The owner of each unit(s) for which there is a delinquent bill shall also be liable for any and all fees, charges, legal fees and costs, court fees and costs and all costs associated with collection efforts to collect delinquent accounts.

[Amended 12-28-1998 by Ord. No. 1094-98]

F. Where one use or business exists on multiple real estate parcels, provided that the owner is applying to the county to consolidate the multiple parcels into one parcel or if the owner makes application to consolidate the parcels within such reasonable time period as determined by the City, then the owner will be responsible for one unit charge.

G. [1]All trash fees (including any delinquent fees) must be paid in full before a rental property receiving collection will be issued a rental license under the provisions of Chapter 136 of the City Code.

[Added 6-23-2014 by Ord. No. 1433-2014]

[1] Editor's Note: Former Subsection G, regarding private collection, transport and disposal of solid waste was repealed 1-22-2001 by Ord. No. 1155-2001.

H. Property owners must make application for private hauler before April 15 of the current billing year. No applications will be accepted after the April 15 deadline.

[Added 11-13-2000 by Ord. No. 1147-2000; amended 2-12-2001 by Ord. No. 1155-2001; 12-22-2005 by Ord. No. 1271-2005]

I. All charges and penalties for collection, transport and disposal of solid wastes not paid by the last day of the current year may be liened as provided by the Pennsylvania Municipal Claims and Tax Liens Act, 53 P.S. § 7107.

[Added 2-12-2001 by Ord. No. 1155-2001]

J. Exemptions. The following classes of properties shall not be subject to the minimum fee or registration fee herein provided:

(1) Unimproved vacant lot.

(2) Properties on which the only improvement is private garages, not exceeding four individual units, which are used as an accessory use to a residential use.

(3) Authorities and governmental agencies of the City of Coatesville and vacant property titles in the Chester County Redevelopment Authority.

(4) Properties that are classified and declared by the Codes Department as uninhabitable and cannot receive a use and occupancy permit.[2]

[2] Editor's Note: Former Subsection J(5), regarding conditions for hardship, was repealed 6-23-2014 by Ord. No. 1433-2014.

K. Repealer. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

[Added 2-24-2003 by Ord. No. 1210-2003]

L. Severability.

[Added 2-24-2003 by Ord. No. 1210-2003]

(1) The provisions of this article are severable and, if any portion is held by a court of competent jurisdiction to be in violation of federal or state constitutional statute or statutory law, that portion is hereby repealed, and the decision of the court will not affect or impair any of the remaining provisions of this article. It is hereby declared to be the City Council’s intention that this article would have been adopted had such unconstitutional or ultra vires provision not been included.

(2) If any portion of the article shall be determined to be unconstitutional, illegal or unenforceable, then the portion and only that portion of this article which is deemed to be unconstitutional, illegal or unenforceable shall be severed from the remainder of this article, and all other terms thereof shall remain in full force and effect. This article shall be effective 30 days after publication following final adoption in accordance with the City Charter and the Third-Class City Code.

§ 190-30 Collection and transportation; registration of private haulers.

[Amended 3-25-1996 by Ord. No. 1012-96; 2-12-2001 by Ord. No. 1155-2001; 6-23-20014 by Ord. No. 1433-2014]

A. No person other than a registered hauler shall collect or transport solid waste as defined in this Part 2 generated whether anywhere or from any user in the City.

B. It shall be unlawful for any person to haul, transport, collect or remove any solid waste from any public or private property within the City without first registering to do so in accordance with the provisions of this Part 2.

C. Every person desiring to engage in, to continue to engage in or hereafter begin to engage in the business of collecting, removing or transporting solid waste from any property within the City shall first register with the City. Such registration shall be for a period of one year beginning September 1 of the year in which the registration occurs. All persons shall register by September 30 of each year. All registrations shall be for the year period (September 1 to August 31) or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for registration after the beginning of any one-year period.

D. The annual registration fee shall be as provided in Chapter 108, Fees. The City Council of Coatesville shall be authorized to promulgate rules and regulations governing the application and administration of the registration procedure, including amending the annual registration fee. At the time of registration, the collector or private hauler shall pay the City the annual registration fee then in effect as established by the City Council.

E. Standards for collection vehicles. The collection equipment and transportation vehicles used for the collection of municipal solid waste shall be of the closed metal-body type with an automatic compactor unit. Said vehicles shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids. Other types of vehicles may be used only for the collection of recyclable materials, bulk solid waste and collecting and transporting dumpsters, provided that such items are separately collected in accordance with other provisions of this Part 2 and the regulations adopted hereunder. The municipal solid waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or the creation of other nuisances. All collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.

F. Private haulers' insurance requirements. No person shall be entitled to register with the City as a collector and no registration shall be issued to any person desiring to collect or transport solid waste generated in the City unless such person or collector can show certificates of insurance as set forth below:

(1) Workers' compensation insurance as required by statute in such amounts as required by state law.

(2) Comprehensive general liability insurance at a minimum limit of $1,000,000 per occurrence and $1,000,000 in the aggregate annually for both bodily injury and property damage coverage.

(3) Comprehensive automobile liability insurance with limits of liability not less than $1,000,000 per occurrence. In instances where more than one vehicle will be utilized by the person in the City of Coatesville to collect or transport solid waste, then the person shall satisfy the City that comprehensive automobile liability insurance coverage is in effect for all vehicles to be used within the City for the collection and transportation of solid waste within the City.

(4) Owner's and contractor's protective insurance in amounts consistent with the minimum coverage required in Subsection F(2) above. The minimum insurance coverage shall be in such amounts that the Council may establish from time to time. Each and every policy of insurance required in this section shall carry with it an endorsement to the effect that the insurance carrier will convey to the City, by certified mail, written notice of any modifications, material alterations or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed at least 10 days prior to the date of any such modification, material alteration or cancellation.

G. Application requirements.

(1) Every person who shall apply for registration under this section shall, in applying therefor, state the type or types of refuse or recyclable material that will be collected, the manner and place of disposal for all such refuse and the location of the recycling center for all collected materials under such registration. Said applicant shall describe the type or types of vehicles to be used for collection, listing the make, model, year and license plate number; include a certificate of insurance as aforementioned; and state the name of the company, address, telephone number and the contact person responsible for compliance with this Part 2. No such registration shall be granted if the vehicle and/or manner and place of disposal of such refuse and/or recycling center shall not conform in every respect to the requirements of this Part 2.

(2) Authorized collectors shall not be required to collect refuse from any residence where it is obvious that recyclable materials have not been separated pursuant to the provisions of the City Code dealing with the collection of recyclables.[1]

[1] Editor's Note: See Part 1 of this chapter.

H. Nothing contained in this Part 2 shall prevent the City of Coatesville from terminating or revoking any or all registrations granted hereunder for failure of the registrant to comply with Act 101,[2] the terms and conditions of this Part 2, rules and regulations promulgated by the City Council pursuant to this Part 2 or administrative requirements established by the City administration and staff hereunder or for failure to comply with any other City ordinance or regulation.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

I. Registration will be done by the City for each vehicle of the person who owns or leases the vehicle only after the person has satisfied the conditions outlined in this Part 2.

J. Registrations will be renewed annually, provided that the registrant has maintained that registration in good standing. All registrations will be made or renewed on a calendar-year basis. There will be no reduction in the fee for registration made after the beginning of the year.

K. Registration cannot be transferred from one vehicle to another.

L. Registrations issued by the City must be firmly attached and prominently displayed on each side of the vehicle so as to be clearly visible.

M. The registrant shall comply with the following inspection, recordkeeping and reporting requirements:

(1) It shall be a condition being registered with the City of Coatesville that each registrant:

(a) Report quarterly to the City no later than December 15 and thereafter on a quarterly basis by the 15th of each month, which follows the end of a quarterly reporting period (the first quarterly period commencing September 1), the gross tonnage of municipal waste collected in the City and the disposal sites utilized;

(b) Maintain an accurate logbook of vehicles, including location of container, collection routes and disposal or processing facilities utilized, which shall be open to inspection by the City's enforcement personnel; and

(c) Open all facilities and vehicles to inspection by the City's enforcement personnel during reasonable hours but not necessarily on prior notice.

§ 190-31 Violations and penalties; enforcement.

A. Summary violations.

(1) Any person who violates any provision of this Part 2 or who engages in unlawful conduct as defined in this Part 2 shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000 and not less than $100 to be paid to the use of the City, with costs of prosecution, or to be imprisoned for a period of not more than 30 days, or both.

(2) Each violation for each separate day and each violation of any provision of this Part 2 or unlawful conduct as defined in this Part 2 shall constitute a separate offense.

(3) Any person who engages in unlawful conduct as defined in this Part 2 shall, in accordance with applicable provisions of the laws of the commonwealth, be subject to the provisions of Act 101, Chapter 17, [1]as such provisions with respect to enforcement and remedies may apply to such unlawful conduct.

[1] Editor's Note: See 53 P.S. § 4000.1701 et seq.

(4) This Part 2 and any rules and regulations adopted pursuant hereto shall be enforceable by an action or actions at law or equity.

B. Alternative citation process.

[Added 10-28-2013 by Ord. No. 1418-2013[2]]

(1) Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $25 to be paid within 10 days.

(2) Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $50 to be paid after 10 days but within 20 days.

(3) Any violation of the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $75 to be paid after 20 days, but before citation.

(4) Failure to respond by the payment of the fines as aforesaid shall, after 28 days, result in the issuance of a citation to the defendant. Thereafter, the prosecution shall proceed in accordance with the Pennsylvania Rules of Criminal Procedure, and upon conviction for the offense, the defendant shall be ordered to pay the maximum fine prescribed by law, together with the costs of prosecution, and/or to be incarcerated in the county prison for not more than five days.

[2] Editor's Note: This ordinance also provided for the redesignation of former Subsections B and C as Subsections C and D, respectively.

C. Administrative penalties.

(1) If registrant violates this Part 2, the City shall have the right to:

[Amended 6-23-20014 by Ord. No. 1433-2014]

(a) Suspend or revoke the registration of the violating vehicle, suspend or revoke all registrations issued to the person who is the registrant of the violating vehicle or impose a civil penalty in accordance with the provisions of Act 101 and require the registrant to pay the cost of the proceeding.

(b) Deny any subsequent registration application by that person or any person who or which was or who or which is affiliated with, related to or controlled by any person who was, at the time of commitment of such unlawful conduct or any time thereafter, an officer, director, shareholder, partner or joint venturer of, under contact with, employed by or related to or affiliated in any manner with such person.

(2) In the event that any civil penalty imposed under this Part 2 is unpaid after 10 days following the full and final disposition of the penalty proceedings, the City shall suspend the registrant's operating privileges within the City until the civil penalty is paid.

[Amended 6-23-20014 by Ord. No. 1433-2014]

(3) Each violation for each separate day and each violation of any provision of this Part 2 or unlawful conduct as defined in this Part 2 shall constitute a separate offense.

D. Notice and hearing procedure.

(1) Prior to such action taken under Subsection C, the City will give the registrant written notice of the violation, setting forth the reasons for the proposed action. The registrant will have 15 days to respond in writing to the notice. If no response is received, the penalty, registration suspension or revocation will take effect. If a response is received, the City will provide the right to a hearing as described in this section. If no response is received, an appropriate administrative determination will be imposed.

[Amended 6-23-20014 by Ord. No. 1433-2014]

(2) Any person who has been aggrieved by an administrative determination of the City under this Part 2 may file a written request for review by the City Council by certified mail within 15 days of the date of such determination. The hearing shall be held promptly after receipt of the request, but in no event later than 30 working days of the receipt of the request, in accordance with the procedure set forth in this section.

(a) Any person who has filed a request for review shall be given notice in writing of the time and place of hearing. Such notice shall be by first-class, United States mail, postage prepaid, directed to the address set forth in the request for review, and shall be mailed not less than 10 days prior to the date of hearing.

(b) The person requesting the hearing may appear personally or by counsel. The person filing the request for the hearing shall have the burden of proof to establish the basis for review. Upon the request of the person requesting the hearing, the City Council shall issue a subpoena requiring the testimony of witnesses and the production of books, records or other documents relative to the material involved in such hearing.

(c) All testimony at the hearing shall be given under oath.

(d) The hearing officer shall render a decision within 15 working days of the hearing by certified mail, return receipt requested, forwarded to the person at the address shown in the City's records.

§ 190-32 Concurrent remedies.

The penalties and remedies prescribed by this Part 2 shall be deemed concurrent, and the exercise or existence of any remedy shall not prevent the City from exercising any other remedy hereunder at law or in equity.

§ 190-33 Reservation of rights.

Nothing in this Part 2 shall be construed as preventing the City from exercising its rights and duties as defined pursuant to this Part 2, Act 101 and Act 97[1] and further from proceeding in courts of law and/or equity to enforce said rights as so defined, with out first pursuing the action provided for in § 190-31 hereof.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq. and 35 P.S. § 6018.101 et seq., respectively.

§ 190-34 Revisions.

A. This section may be amended from time to time.

B. The disposal of municipal waste generated within the City of Coatesville shall be subject to such further rules, regulations, resolutions and standards as may, from time to time, be promulgated, adopted and enacted by the City pursuant to this Part 2 in furtherance of implementation and enforcement of the plan, including, but without limitation, regulations as to the form of registration application, standards for the approval of any such registration, the amount agreed to be charged for said registration, the terms of the registration, registration issuance procedures and registration revocation procedures; provided, however, that no such rules, regulations, resolutions or standards adopted by the City shall be contrary to or less stringent than the provisions of this Part 2, the plan, Act 97, Act 101 or any regulations adopted thereunder.

[Amended 6-23-20014 by Ord. No. 1433-2014]

§ 190-35 Construal of provisions.

The terms and provisions of this Part 2 are to be liberally construed so as best to achieve and effectuate the goals and purpose hereof.

§ 190-36 (Reserved) [1]

[1] Editor's Note: Former § 190-36, Charges, as amended, was repealed 2-12-2001 by Ord. No. 1155-2001, with the exceptions of Subsections E, F and G which have been redesignated as § 190-29H, I and J, respectively.