[Amended 12-5-2000 by Ord. No. 1108, approved 12-5-2000; 12-18-2001 by Ord.
No. 1122, approved 12-18-2001; 1-29-2004 by Ord. No.
1146, approved 1-29-2004; 2-21-2006 by Ord. No.
1174, approved 2-21-2006; 12-17-2008 by Ord.
No. 1217, approved 12-17-2008; 12-18-2012 by Ord.
No. 1262, approved 12-18-2012; 12-17-2013 by Ord.
No. 1282, approved 12-17-2013; 12-18-2014 by Ord.
No. 1294, approved 12-18-2014; 8-25-2016 by Ord. No.
1314, approved 8-25-2016; 11-1-2016 by Ord. No.
1315, approved 11-1-2016; 8-13-2019 by Ord. No.
1353, approved 8-13-2019]
This fee is established in order to offset the costs of providing the municipal solid waste collection service and recycling collection and processing services to residences (as defined by Article I) in the Borough of East Stroudsburg.
A.
All residences which are required to utilize the municipal solid waste collection service provided by the Borough pursuant to Article I of this chapter shall be charged the municipal solid waste collection service user fee as described below.
B.
Any residence which has been established in the Borough of East Stroudsburg
during any part of any given calendar year shall be subject to the
municipal solid waste collection service user fee as described below.
C.
The owner (landlord) of rental dwelling units shall be ultimately
responsible for payment of the municipal solid waste collection service
user fee for that residence or dwelling unit.
D.
The municipal solid waste collection service user fee funds the municipal solid waste collection service and recycling collection and processing service provided by the municipality to residences (as defined by Article I) located within the municipality. Payment of the required municipal solid waste collection service user fee for a residence within the municipality shall not permit any person to bring into the municipality for pickup/collection at that residence any solid waste or recyclable materials that are generated in or originate from residences or commercial, industrial or institutional establishments located outside of the municipality.
The annual municipal solid waste collection service user fee
charged to residences shall be established annually by resolution
of Borough Council, to be charged on a per-year-per-mobile refuse
cart basis.
A.
If the annual municipal solid waste collection service user fee is
paid in full within 30 days of date of invoice a discount shall be
applied. The amount of the discount from the annual fee for payment
in full shall be established annually by resolution of Borough Council.
The discount may be granted to any owner for only one residence per
owner per year.
B.
Payment of the annual municipal solid waste collection service user
fee may be made in no more than three partial installments. The total
annual municipal solid waste collection service user fee (not discounted
rate) shall be paid in full within 60 days of invoice, unless the
applicant obtains approval for an extended payment period under the
hardship provision indicated below.
C.
Owner-occupied residents who demonstrate eligibility based on federal
low-/moderate-income guidelines pursuant to the Community Development
Block Grant (CDBG) program may apply for and receive approval to pay
the total annual municipal solid waste collection service user fee
within 180 days of billing, in no more than three partial installments.
In order to be eligible for the extended payment period for the annual
municipal solid waste collection service user fee, a resident must
demonstrate low-/moderate-income eligibility each year based on current
CDBG income guidelines for Monroe County.
D.
A 10% administrative fee shall be added to the balance of any municipal
solid waste collection service user fee that is unpaid or outstanding
more than 60 days from the date of invoice each year, or more than
180 days from the date of billing for approved hardship applicants.
E.
Any amount of the municipal solid waste collection service user fee
that is unpaid or outstanding more than 60 days from the date of invoice,
or more than 180 days from the date of invoice for approved hardship
applicants, shall bear interest at the rate established in the schedule
of fees adopted by resolution of Council, from the date the invoice
is issued (currently, 8% per annum). Such amount(s) shall be a lien
on the property for which the municipal solid waste collection service
user fee is charged. Costs of filing notice of lien(s) shall be added
to the outstanding account balance.
F.
In addition to the penalties referenced in § 134-21D and E above, any person who shall violate or fail to comply with any of the provisions of the article shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 30 days, or both. Each day that a violation continues shall constitute a separate offense.
A.
Failure to make required payment of the annual municipal solid waste
collection service user fee shall cause municipal liens to be filed
by the Borough against the property on which the dwelling unit is
located. Municipal solid waste collection service and recycling services
to the dwelling unit shall be terminated at the direction of the Borough.
B.
The Borough reserves the right to remove domestic waste from residences
that have had the municipal solid waste collection service suspended
for failure to pay the annual solid waste fee. The cost of this shall
be invoiced to the property owner and failure to pay this invoice
shall result in a lien being placed on said property.
If it appears to an Enforcement Officer that a violation of
this chapter exists or has occurred, the Enforcement Officer shall
send a written notice of violation to the owner by personal delivery
or by both United States first class and certified mail. The enforcement
notice shall identify the premises which is the subject of the violation,
enumerate the conditions which constitute the violation, cite the
specific sections of this chapter which are violated, indicate the
action required to correct the violation, and provide a time frame
(established by the Enforcement Officer based upon the nature of the
violation) to correct the violation.
In the interest of promoting the public health, safety and welfare,
and minimizing the burden on Borough and community services and impacts
on residents of the Borough posed by proper solid waste disposal,
a violation of any of the provisions of this chapter is declared to
be a public nuisance.
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this chapter
shall, upon conviction in a summary proceeding, pay a fine of not
less than $100 nor more than $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by East Stroudsburg
Borough in the enforcement proceedings, and/or be imprisoned to the
extent allowed by law for the punishment of summary offenses. Each
day or portion thereof that a violation exists or continues shall
constitute a separate violation. In addition to and the remedies available
by citation, the Borough reserves all rights to authorize the appropriate
officers or agents of East Stroudsburg Borough to seek equitable relief,
including injunction, to enforce compliance with this chapter. Fines,
penalties, costs and reimbursement of reasonable attorneys' fees collected
as a result of violation of this chapter shall be paid to East Stroudsburg
Borough for its general use.
