[Adopted 1-11-2017 by Ord. No. 17-001]
This article shall hereby be known as, and may be referred to
as, the "Municipal Services Fee Ordinance of the Borough of Wilkinsburg"
and is effective as of the date of passage.
The following words shall have the meanings as hereinafter ascribed
to them unless the context clearly appears otherwise:
A room or group of rooms located within any structure or
building which contains living, sleeping, cooking and bathing facilities
and is expanded to include and be in conformity with all other Borough
ordinances which define "dwelling unit," particularly the Borough's
various building and zoning ordinances.
All animal and vegetable waste, including carcasses, fat,
bone, swill, vegetables, vegetable and animal refuse, or other organic
substances subject to fermentation or decay resulting from the storage,
handling, preparation and consumption of food stuffs and is expanded
to include and to be in conformity with all other Borough ordinances
which define "garbage."
Any individual, company, partnership, firm, association,
organization, corporation or other entity who or which owns, occupies
or holds a mortgage on real estate within the Borough.
All rags, glass, crockery, bottles, tin cans, plastics, foil,
coat hangers, utensils, toys, paper, newspapers and magazines that
are household refuse generally, and including also grass cuttings,
weeds and leaves, and is expanded to include and to be in conformity
with all other Borough ordinances which define "rubbish."
No garbage, rubbish or other refuse or debris shall be stored
or be allowed to accumulate outdoors on any land, public or private,
within the Borough, nor be deposited on the streets or highways, vacant
lots, streams or other bodies of water within the Borough or collected
or transported within the Borough, except as hereinafter provided.
Failure to comply with this article will create a nuisance, danger
and health hazard to the residents, citizens and community of the
Borough of Wilkinsburg, and said conduct shall be considered unlawful
and said person subject to the criminal sanctions and penalties as
set forth herein, and any other remedies as set forth in this article.
For purposes of temporary storage and collection, garbage and
rubbish must be placed in such receptacles of such capacity as the
Borough shall from time to time publish and prescribe by resolution.
All garbage, rubbish, and debris must be placed at such locations
as the Borough shall from time to time publish and prescribe by resolution.
A.
As a charge for the service by the Borough or its contractor, the
collection and disposal of garbage, rubbish, or recyclable materials
as shall be determined from time to time, by resolution of Borough
Council, the property owner shall pay to the Borough an annual fee
as set forth by resolution of Borough Council, again to be determined
from time to time, at the direction of Borough Council. The fee shall
be assessed and billed to the property owner at the address set forth
in the Allegheny County real estate assessment records used for the
annual billing of real estate taxes.
B.
All property owners must pay the entire fee for each dwelling unit
in each calendar year. Said rates, penalties and deadlines will be
established by resolution from time to time by Borough Council.
C.
Property owners or their agents shall certify in writing the number
of dwelling units within any multiple-unit structure, and multiply
the number of said dwelling units by the annual rate to determine
the total fee amount, plus penalty and interest, if any. Any person
providing false information to the Borough, concerning the number
of dwelling units within said structure, or otherwise, shall be in
violation of this article and subject to the penalty provisions set
forth herein.
D.
Any qualified multiunit building which contains more than four units
must provide a dumpster of adequate size on site or on location that
can be served by collection vehicles and that otherwise complies with
all environmental, health, cleanliness and aesthetic concerns as set
forth in the laws, ordinances, resolutions, rules and regulations
of the Borough, the County of Allegheny, and/or the Commonwealth of
Pennsylvania.
Mortgage holders who receive the statement relative to the garbage
collection fees and charges shall have the duty either to pay said
fee and charges out of the mortgagor's escrow with said mortgage
holder or to notify said mortgagor of the notice of garbage collection
fees and charges and to forward a copy thereof to the property owner
within 10 days of receipt of such notice. Each agent or mortgage holder
shall be responsible for remitting the fee in the same manner as if
it was the actual property owner.
Persons who own, occupy or hold mortgages on business, commercial,
industrial, or institutional real estate may continue to store, collect
and dispose of garbage and rubbish, as well as other refuse and debris,
by contract hauler and shall be exempt from the fee imposed herein;
provided, however, that any such real estate containing a dwelling
unit shall continue to be subject to the fee. No person, other than
the agents of the Borough or contractors for the Borough; shall be
permitted to collect garbage or rubbish from family dwellings or household
dwelling units or to transport the same through the streets of the
Borough, except agents and officers of other municipalities who are
transporting garbage and rubbish through the Borough of Wilkinsburg,
and are not subject to the fee and charges hereby imposed. All property
owners or holders of a mortgage on a dwelling unit in the Borough
of Wilkinsburg are hereby required to subscribe to the said garbage
or rubbish collection and disposal service and to pay for the same
in accordance with the rates and charges which shall from time to
time be published and prescribed by resolution of Borough Council,
except as otherwise provided herein.
All persons owning, occupying or holding a mortgage on real
estate not containing a dwelling unit whose garbage and rubbish is
commercially collected are exempt from the fees and charges imposed
under this article; provided, however, that all such persons are subject
to the garbage collection fee and charge unless evidence is provided,
satisfactorily to the collector that someone other than Borough contractors,
agents, or officials are removing the same. To the extent, however,
that garbage and rubbish of such persons are removed by Borough officers,
employees, or contractors, the fees and charges imposed under this
article on such will be increased on a basis reasonably related to
the volume of such garbage and rubbish if it is greater than that
which a typical dwelling unit would create, or the Borough may order
that the Borough contractors, agents, or officials cease and desist
in the removal of garbage or rubbish from any such nondwelling unit,
in the sole discretion of the Borough.
The Borough may discontinue garbage and rubbish service to any
person wherein the said owner of the real estate has not remitted
payment within four months from the date of the original billing for
service. The Borough may collect all delinquent fees either in an
action in assumpsit or in any manner provided by law for the collection
of municipal claims, including the liening of real estate to the extent
permitted by law. Before criminal sanctions as set forth hereinafter
can be brought against the said owner of the real estate, a twenty-day
notice shall be given to the said owner at the owner's address
as set forth in the Allegheny County real estate tax assessment records
used for the annual billing of real estate notifying said property
owner of the delinquency. If the Borough uses this criminal sanctions
option, it shall also have the right to use any other remedy as set
forth in this article against the owner of real estate or occupier
of said real estate for noncompliance of this article.
Any person violating any of the provisions of this article shall,
upon conviction thereof before a Magisterial District Judge, be subject
to a fine not exceeding $300, together with costs of prosecution and,
upon default of payment of said fine or costs, shall be committed
to the Allegheny County jail for a period not exceeding 30 days. Each
day that a violation shall be committed or permitted to exist shall
constitute a separate offense and may be punishable as such. If any
owner does not make a timely payment, the Borough may collect such
fees from the rents due and owing from the tenants of said structure,
as authorized by law for the collection of real estate taxes.
All prior ordinances or parts of ordinances that are in conflict
herein are hereby repealed to the extent of said conflict, and any
ordinances dealing specifically with municipal service fees are hereby
rescinded.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, such holding shall
not affect the other provisions or applications of this article, which
can be given effect without the invalid provision or application,
and to this end, the provisions of this article are declared severable.
