City of Monessen, PA
Westmoreland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 12-20-2000 by Ord. No. 10-2000[1]]
[1]
Editor's Note: This ordinance repealed former Ch. 331, Art. II, Collection and Recycling, adopted 12-18-1991 by Ord. No. 9-1991, as amended.

§ 331-3 Inconsistent ordinances repealed.

A. 
All other ordinances or parts thereof in conflict herewith are hereby repealed.
B. 
All other articles and sections within Ordinance No. 632, adopted May 12, 1966, as amended, which are not amended by this Ordinance No. 6 of 2011, shall remain in full force and effect.
[Added 11-23-2011 by Ord. No. 6-2011]

§ 331-4 Definitions.

[Amended 11-23-2011 by Ord. No. 6-2011]
The following words and phrases shall have the indicated meanings when used in this chapter unless otherwise specified.
CITY'S CONTRACTOR
Any proprietor, partnership or corporation contracted by the City of Monessen, or its designee, to collect and make proper disposition of solid waste, recyclables or leaf wastes.
CLEANUP SERVICE
That specific solid waste collection service which provides for a single building, the once-in-a-while hauling and disposal of a substantially larger volume of solid waste than is permissibly placed on curbside for routing weekly collection, and which is qualified in terms of truckloads; which is usually but not necessarily generated and accumulated over a period of months as opposed to days; and which includes furniture or furnishings, appliances, or construction materials.
COLLECT/COLLECTION
Where it is used to describe the collection of solid waste, recyclables, or leaf waste, shall mean the act of any person in traversing to another person's place of abode or business and receiving or taking possession of their solid waste, recyclables, or leaf waste, and subsequently disposing the same material by landfilling, incinerating, composting, marketing, or other method which serves to remove the material from the place from which it was generated and to provide a destination for the materials at a place other than where they were generated.
DELINQUENT ACCOUNT
An account for which the fee for that service period remains unpaid, in full or in part, after December 31 of the year to which the fee applies.
[Added 11-23-2011 by Ord. No. 6-2011]
DESIGNEE
Any person, committee, or municipal authority given charge or authority by the City to develop or implement the City's solid waste/recycling program.
FEE
The annual garbage collection fee as detailed in § 331-6.
[Amended 11-23-2011 by Ord. No. 6-2011]
HOUSEHOLD
One or more persons living within the same dwelling unit.
[Added 11-23-2011 by Ord. No. 6-2011]
LEAF WASTE
Organic plant materials and wastes including hedge, bush and tree trimmings, leaves, and garden wastes, but not including grass clippings.
MULTIUNIT STRUCTURE
A structure with more than one unit. The intended use of the units within the structure may be exclusively residential, exclusively business, or used or intended for another purpose, or a combination thereof.
[Added 11-23-2011 by Ord. No. 6-2011]
OCCUPYING/OCCUPIED
To be found to be habitating or using or to have habitated or used any building or portion of any building as living, working or warehousing quarters, for any time whatsoever within the service period.
OWNER
The person in whose name the property is last registered, if registered according to law, or, if not registered according to law, the person whose name last appears as an owner of record on any deed or instrument of conveyance recorded in the office of the Recorder of Deeds of Westmoreland County. In all other cases, "owner" shall mean any person in open, peaceable and notorious possession of the property, as apparent owner or owners thereof, or the reputed owner or owners thereof, in the neighborhood of such property.
[Amended 11-23-2011 by Ord. No. 6-2011]
PERSON
A corporation, partnership, association, commercial entity, industrial entity, or other business entity, as well as a natural person, including the owner(s) of the premises, unless the text of a section specifies otherwise.
[Added 5-19-2010 by Ord. No. 6-2010; amended 11-23-2011 by Ord. No. 6-2011]
RECYCLABLES/RECYCLABLE MATERIAL
Those waste items identified by the City or its designee as recyclable and to be separated from solid waste in accordance with the City's recycling program.
ROLL-OFF BOX SERVICE
Solid waste collection services, characterized by the utilization of a collection vehicle having a chassis without a permanently affixed container box, which is mechanically designed to carry and routinely unload and load upon its chassis a 20 or 30 cubic yard container box, which box is usually delivered to a place to be loaded and picked up once loaded, and limited to only that service which is required by any person for a specific cleanup or construction/demolition project and not required for the routine collection and disposal of the indefinitely recurrent generation of daily or weekly refuse from the day-to-day operation of any dwelling unit or commercial enterprise.
SERVICE
Solid waste, recyclables, or leaf waste collection service.
SERVICE PERIOD
The period beginning January 1 and ending December 31, annually.
SOLID WASTE
All garbage, refuse, rubbish, ashes and grass clippings, including, but not limited to, all items normally found around the household.
TREASURER
The Treasurer of the City of Monessen and employees of the Office of the City Treasurer of the City of Monessen.
UNIT
An area or collection of rooms which is self-contained and intended for use by a single household, business or enterprise. The definition applies whether or not the unit is occupied or unoccupied. The following rules of construction and interpretation shall apply to the assessment of the fee:
[Added 11-23-2011 by Ord. No. 6-2011]
A. 
A single-family dwelling shall constitute one unit.
B. 
In a multiunit structure, the number of units assessed with the fee shall equal the total number of units within the structure.
C. 
A nursing home, a personal care home, a boardinghouse and a hotel shall constitute one unit, provided no cooking facilities exist within individual rooms, apartments, suites, or other quarters in such structures. The owner of such a unit shall be responsible for disposal of solid waste and collection and disposal of recyclables from the unit.

§ 331-5 Rights of persons to collect waste and recyclables.

A. 
Except as otherwise provided in this section, the City grants an exclusive right to the City's contractor to collect all solid waste and recyclables from all residential, commercial, institutional, and municipal units within the City.
B. 
Recyclable materials placed on the curbside or similar location for collection shall be the property of the City's contractor. Persons violating the City contractors property rights to such materials shall be subject to civil and criminal prosecution.
C. 
Nothing in this section shall restrict the rights of persons to enter into agreements with persons other than the City's contractor to acquire cleanup or roll-off box, solid waste collection services.
D. 
Nothing in this section shall impair the ownership of recyclable materials and leaf wastes by the person who generated them unless and until such items are placed at curbside or similar location for collection.

§ 331-6 Garbage fee levy.

[Amended 12-23-2004 by Ord. No. 16-2004; 11-18-2009 by Ord. No. 7-2009; 11-23-2011 by Ord. No. 6-2011]
A. 
The fee is hereby levied upon each unit in the City for the purpose of providing the monies necessary to provide collection service for solid waste, recyclables and leaf waste for the service period from January 1, 2012, to December 31, 2012, and subsequent service periods until this section is amended.
(1) 
The fee shall be $155, if paid in full on or before January 31 of the year to which the fee applies.
(2) 
The fee shall be $175, if unpaid on January 31 and if paid in full by the last day of February of the year to which the fee applies.
(3) 
The fee shall be $195, if unpaid by the last day of February and if paid in full between March 1 through December 31 of the year to which the fee applies.
B. 
If a change of owner or change in occupancy of a unit occurs after January 1 of the current service period, and the fee for the current service period has not been paid, the owner shall pay the fee within 30 days after the date of the change of owner or occupancy of the unit in the applicable amounts set forth in Subsection A(1), (2) or (3) above.
C. 
The Council of the City of Monessen is authorized to modify the fee amount by ordinance or resolution at such times as Council may deem appropriate.

§ 331-7 Persons responsible for payment.

[Amended 11-23-2011 by Ord. No. 6-2011]
A. 
The owner of a unit(s) on November 1 of the year prior to the current service period shall be responsible to pay the garbage fee levy according to the schedule set forth in § 331-6A, unless that owner produces a recorded deed identifying a different owner in whom title vested on or before January 1 of the current service period.
B. 
Upon a change of owner during the service period, the new owner shall be jointly and severally responsible with the prior owner for payment of the fee for the current service period in accordance with the schedule of payments in § 331-6A.

§ 331-8 Collection of fees.

[Amended 11-23-2011 by Ord. No. 6-2011]
A. 
The City Treasurer shall administer and collect the fee. Persons responsible for paying the fee shall pay the fee to the "City of Monessen." The Treasurer shall issue bills to persons responsible to pay the fee as outlined in §§ 331-6 and 331-7.
B. 
Any delinquent account is subject to collection as provided by law.
C. 
Neither the City Treasurer nor any other City official or employee is authorized to grant any refund after the fee has been paid.

§ 331-9 Assignment of prepaid fees.

[Amended 11-23-2011 by Ord. No. 6-2011]
Nothing in this article is intended to prevent an owner from seeking reimbursement of the cost of the garbage fee levy from any tenant, lessee or occupant of a unit. Further, nothing in this article shall be construed to prevent a transferor and transferee of a unit(s) from prorating the fee for the current service period with the other party to the transfer.

§ 331-10 Responsibility for payment; failure to receive bill.

[Amended 11-23-2011 by Ord. No. 6-2011]
A. 
It is the responsibility of every person who is subject to paying the fee, but who has not received a bill from the Treasurer, to notify the Treasurer that he, she, or it is so subject and should receive a bill.
B. 
The Treasurer's failure to issue a fee bill for a unit shall not relieve the owner from payment of the fee, or from being subject to all provisions of this article.

§ 331-11 Solid waste/recyclables/leaf waste disposal regulations.

A. 
Solid waste disposal regulations.
(1) 
In consideration of the fee paid to the City, each commercial and institutional unit shall be entitled to collection of 90 gallons of combined solid waste and recyclables per week.
(2) 
Any commercial or institutional unit which generates more than 90 gallons combined solid waste and recyclables per week shall make separate arrangements with the City's contractor for the collection and disposal of its solid waste and recyclables over 90 gallons per week.
(3) 
Each unit's solid waste to be collected shall be placed in front of the structure housing said unit and on the curb of the street bearing the unit's mailing address, unless otherwise approved by the City Administrator.
(4) 
All solid waste to be collected shall be in cans, bags, boxes, bundled or by other means contained. All food wastes and soiled materials shall be secured in either watertight cans or plastic bags to prevent leakage and avoid the attraction of animals.
(5) 
No container device or method shall result in any single container of refuse in excess of 35 gallon volume, or in excess of 50 pounds weight, or longer or taller than 40 inches in its longest dimension.
(6) 
Any solid waste not properly prepared or placed may be refused for collection.
(7) 
Except as provided in Subsection A(8), persons are prohibited from placing the following items on their curbside for routine weekly solid waste collection by the City's contractor:
(a) 
Recyclable materials identified by the City or its designee.
(b) 
Leaf wastes including leaves, hedges, or bush trimmings, tree branches and the like.
(c) 
Large appliances such as water heaters, stoves, washers, furnaces, bathtubs, etc.
(d) 
Construction materials such as lumber, panelling, wall board, shingles, carpeting, fence, etc.
(e) 
Brick, block, stone, gravel, or dirt.
(f) 
Rubber vehicle tires.
(g) 
Hazardous or toxic materials such as paint, oil, acid, pesticides, herbicides or explosives.
(h) 
Lead acid batteries.
(8) 
Household furniture, appliances, fixtures and items, not normally collected during routine weekly solid waste pick-ups may be placed on the curbside for collection provided: that the resident gives the City's contractor advance notice of their desire to have such items collected; and, the contractor has appointed a time when such items will be collected; and, the resident places such items at the curb not more than 24 hours before such appointed time.
B. 
Recyclable material disposal regulations.
(1) 
The City Council or its designee shall, from time to time, develop rules and regulations it deems appropriate for the separating, cleaning, preparing, storing and placing at curbside or other disposition of solid waste, recyclables and leaf wastes generated within the City, and shall ensure the same are made known by methods sufficient to inform persons subject to compliance with the same.
(2) 
Every person shall form the solid waste they generate, separate, clean and prepare, provide unoffensive, safe and sanitary storage and place on their curbside or similar location for collection by the City's contractor all recyclable waste items they generate according to rules, regulations and instructions promulgated by the City or its designee.
(3) 
Alternative recycling programs.
(a) 
Owners, agents of owners, operators, managers, or other persons or groups of persons in control or charge of commercial, institutional or municipal establishments or community activities shall be exempt from the strict application of the requirements of Subsection B(2) of this section, if those persons have otherwise provided for the recycling of materials they are required by this article to recycle, and if persons so exempted shall provide annual written reports to the City on the total number of tons of waste they generated and recycled.
(b) 
Owners, agents of owners, operators, managers, or other persons or groups in control or charge of commercial, institutional, or municipal establishments or community activities shall not be deemed to be the owners of recyclable materials generated by occupants of let, rented or leased units they own, operate, or manage. As such, it shall be in violation of the City contractor's property rights for them to collect, take possession, or make disposition of any such recyclable materials other than for the purpose of assembling and place the materials on the curbside or similar location from which the materials shall be collected by the City's contractor.
(4) 
Multifamily housing properties.
(a) 
Any owner, landlord, or agent of an owner or landlord of multifamily rental housing properties with four or more units may establish a collection system for recyclable materials at each property. Such system if established shall include suitable containers for collecting and sorting materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system.
(b) 
Owners, landlords, and agents of owners or landlords who comply with this section shall not be liable for the noncompliance of occupants of their buildings.
(c) 
Owners, agents of owners, operators, managers, and landlords shall not be deemed to be the owners of recyclable materials generated by occupants of let, rented, or leased units they own, operate or manage. As such, it shall be in violation of the City contractor's property rights for them to collect, take possession or make disposition of any such recyclable materials other than for the purpose of assembling and placing the materials on the curbside or similar location from which the materials shall be collected by the City's contractor.
(5) 
Nothing in this section shall impair the ownership of recyclable materials by the person who generated them unless and until such materials are placed at curbside or other location for collection.
C. 
Leaf waste disposal regulations. Every person shall, from the waste they generate, separate, prepare, provide unoffensive, safe, and sanitary storage, and may place on their curbside for collection leaf waste according to rules, regulations, and instructions promulgated by the City or its designee.

§ 331-12 Unlawful acts; enforcement.

A. 
It shall be unlawful for any person to dispose of any solid waste, recyclables or leaf wastes in a manner inconsistent with the requirements of this article or any rule, regulation, or instruction promulgated by the City or its designee.
B. 
Persons who shall violate requirements of this article or rules, regulations, or instructions promulgated by the City or its designee regarding the preparation and placement for collection of solid waste, recyclables, or leaf waste shall be personally notified of their violation and shall be given written instructions as to how to comply with the article or rules and regulations.
C. 
Said instructions and notification shall be considered as having been given with respect to any violation if any instruction and personal notification was given within six months immediately preceding the violation, which instructions if adhered to would have prevented such violation.
D. 
Residential premises. Any person who, being the record owner of a residential premises, and after notice of the requirements of this article, or of any rule, regulation or instruction promulgated pursuant thereto, shall fail to properly prepare or place for collection any solid waste, recyclable or leaf waste in a manner consistent with the requirements of this article or of any rule, regulation or instruction promulgated by the City or its designee, shall, upon conviction thereof, be subject, for each violation, to a fine of not less than $50, nor more than the maximum fine established for the conviction of a summary offense as set forth in 18 Pa.C.S.A. § 1101, as amended, or be subject to imprisonment for a term not to exceed the maximum Imposed for summary offenses as set forth in 18 Pa.C.S.A. § 1105, as amended, or both, at the discretion of the court.
[Amended 2-19-2008 by Ord. No. 1-2008; 5-19-2010 by Ord. No. 6-2010]
E. 
Commercial premises. Any person who, being the record owner of a commercial or industrial premises, and after notice of the requirements of this article, or of any rule, regulation or instruction promulgated pursuant thereto, shall fail to properly prepare or place for collection any solid waste, recyclable or leaf waste in a manner consistent with the requirements of this article or of any rule, regulation or instruction promulgated by the City or its designee, shall, upon conviction thereof, be subject, for each violation, to a fine of not less than $100, nor more than the maximum fine established for the conviction of a summary offense as set forth in 18 Pa.C.S.A. § 1101, as amended.
[Added 5-19-2010 by Ord. No. 6-2010]

§ 331-13 Responsibilities of persons.

A. 
Owners and coowners of owner-occupied units shall be responsible for compliance with the requirements of this article and rules and regulations promulgated pursuant thereto as regards the disposal of all solid waste, recyclables, and leaf wastes generated from the premises of their owner-occupied unit.
B. 
The tenant of record of any let, rented, or leased unit shall be responsible for compliance with the requirements of this article and rules and regulations promulgated pursuant thereto as regards the disposal of all solid waste and recyclables generated from the premises of their let, rented or leased unit.

§ 331-14 Other unlawful acts.

A. 
The Mon Valley Refuse Disposal Authority has provided residential units in the City with recycling containers marked "Properly of the Mon Valley Refuse Disposal Authority To Be Used For Recycling Only," to be used exclusively for the purpose of furthering the success of the City's recycling program. Recycling containers provided by the Mon Valley Refuse Disposal Authority are the property of the Mon Valley Refuse Disposal Authority. Persons violating the Authority's property rights shall be subject to civil and criminal prosecution.
B. 
Any person who shall leave their solid waste, recyclables or leaf wastes on the curbside after the same have been refused for collection due to failure to adhere to the solid waste/recycling or leaf waste disposal rules and regulations shall, upon conviction thereof, be subject to a fine of not more than the maximum fine established for the conviction of a summary offense as set forth in Title 18 P.A. C.S.A., § 1101, as amended, or be subject to imprisonment for a term not to exceed the maximum imposed for summary offenses as set forth in Title 18 P.A. C.S.A., § 1105, as amended, at the discretion of the Court.