[Adopted 1-23-1996 by Res. No. 772]
To qualify for the subsidization program, a
resident shall be the person who has sole responsibility for payment
of the mandatory solid waste and recycling quarterly fee and he/she
shall be receiving no other direct subsidy from any other program
or agency for specifically paying the solid waste service fee. In
other words, the cost of paying the solid waste service fee shall
be coming from the income of the resident or other member of that
resident's household and is not being paid by a person from outside
of that resident's household, other agency or institution, or by the
resident's landlord in the case of rental housing.
To qualify for the program, a resident must
have combined household annual income at or below the following amounts,
depending on family size:
|
Family Size
|
Annual Income
|
|---|---|
|
1
|
$7,470
|
|
2
|
$10,030
|
|
3
|
$12,590
|
|
4
|
$15,150
|
|
5
|
$17,710
|
|
6
|
$20,270
|
|
7
|
$22,530
|
|
8
|
$25,390
|
|
9
|
$27,950
|
|
10
|
$30,510
|
|
11
|
$33,070
|
|
12
|
$35,630
|
To qualify for the program, a resident must
accurately complete a signed and notarized solid waste subsidy program
application on the form provided by the Township and submit all required
documentation and certifications as may be required on the application
form. A copy of the application form is attached and made a part of
this article.[1]
[1]
Editor's Note: Said application form is on
file in the Township offices.
A.
If any information provided on the application form
has been made with fraudulent intent, the person making such application
shall be subject to the below provisions of this section. In addition,
said person shall not be eligible to reapply for the solid waste subsidization
program in the future.
B.
Enforcement notice.
(1)
If it appears to the Township that a violation of
this article has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
(2)
The enforcement notice shall be sent to the violator
and, if applicable, the owner of record of the parcel on which the
violation has occurred, to any person who has filed a written request
to receive enforcement notices regarding that parcel and to any other
person requested in writing by the owner of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the violator and, if applicable,
the owner of record and any other person against whom the Township
intends to take action.
(b)
The location of the violation and, if applicable,
the property in violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this article.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right
to appeal to the Board of Supervisors within a period of 10 days.
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Board of Supervisors,
constitutes a violation, with possible sanctions clearly described.
C.
Enforcement remedies.[1]
(1)
Violations and penalties. Any person, partnership
or corporation who or which has violated or permitted the violation
of the provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $600 plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues or each section of this article
which shall be found to have been violated shall constitute a separate
violation.
(2)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
section.
(3)
District justices shall have initial jurisdiction
over proceedings brought under this section.
A resident making proper application and qualifying
for the program shall receive full subsidization of the base minimum
quarterly fee for solid waste service subsequent to the date of approval
of the application (four calendar quarters). To continue receiving
subsidy in future annual periods, the resident must submit and have
approved a new application for subsidy.
There shall be no retroactivity of subsidization
of solid waste fees under this program. In other words, only solid
waste fees that have not been invoiced to the resident at the time
the application for subsidy is filed at the Township office shall
be eligible for subsidization. The first solid waste service fees
that this subsidy program will be applicable to are those that are
billed for the first calendar quarter of 1991.
Upon approval of an application for subsidy,
the Township shall notify the Township's solid waste contractor that
future solid waste bills for that resident shall be sent directly
to the Township office and the Township shall pay directly to the
contractor the amount of the bill in the name of the person receiving
the subsidy.
The subsidization program shall only apply to
residential properties.
If the Township determines at any time during
the approved annual subsidization period that the resident's income
has materially changed to the extent that the resident may no longer
qualify for the subsidization program, the Township may require the
resident to complete a new application to determine whether the resident
is still eligible for the program.
All of the cost to the Township for subsidization
of solid waste bills under the Township's program shall be paid for
by fees collected the Township's solid waste and recycling program
(i.e., solid waste surcharges). If the cost to the Township for the
subsidization of the solid waste fees under this program exceeds $5,000
per year, the Township shall consider increasing the solid waste surcharges
to offset the cost of this subsidization program, seek additional
funding from other sources which may be suitable to offset the additional
cost or modify the program to reduce the cost to the Township.
For purposes of this article and administration
of the solid waste subsidy program, the term “income”
shall be defined to include at minimum, but not exclusively, proceeds
from wages, salaries, tips, fees, interest, dividends, tax refunds,
alimony, business income, annuities, rollovers of such investment
plans, trust disbursements, royalties, partnerships, estates, farm
income, unemployment compensation, Keogh plans and similar retirement
income and any other financial gain by chance or gift, whether in
currency, service, property or merchandise, or as defined in the Pennsylvania
Property Tax Rebate Program.
