[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Editor's Note: This ordinance repealed former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.
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ordinances or parts thereof in conflict herewith are hereby repealed.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]
[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.
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.
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.
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.
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]
Any person, committee, or municipal authority given charge
or authority by the City to develop or implement the City's solid
waste/recycling program.
The annual garbage collection fee as detailed in § 331-6.
[Amended 11-23-2011 by Ord. No. 6-2011]
One or more persons living within the same dwelling unit.
[Added 11-23-2011 by Ord. No. 6-2011]
Organic plant materials and wastes including hedge, bush
and tree trimmings, leaves, and garden wastes, but not including grass
clippings.
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]
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.
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]
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]
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.
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.
Solid waste, recyclables, or leaf waste collection service.
The period beginning January 1 and ending December 31, annually.
All garbage, refuse, rubbish, ashes and grass clippings,
including, but not limited to, all items normally found around the
household.
The Treasurer of the City of Monessen and employees of the
Office of the City Treasurer of the City of Monessen.
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 single-family dwelling shall constitute one unit.
In a multiunit structure, the number of units assessed with
the fee shall equal the total number of units within the structure.
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.
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.
[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.
[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.
[Amended 11-23-2011 by Ord. No. 6-2011]
[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.
[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.
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.
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]
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.
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.
