[Adopted 10-2-1990 by Ord. No. 493]
The following words and phrases, when appearing in the text of this article, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
COMMERCIAL ACTIVITIES AND ESTABLISHMENTS
The foregoing definitions shall apply for the purposes of this article regardless of either the form of ownership or tenancy, or the physical arrangement of the structure.
[Amended 9-7-1994 by Ord. No. 606]
A. 
Structures or property consisting of four or more residential dwellings, including multifamily housing, whether owned or rented, shall be deemed to be commercial or business establishments, not residential establishments, for the purposes of this article.
B. 
If a commercial activity occupying over 30% of the area of the first floor of a structure occurs in a residential establishment, then the entire residential structure or property shall be deemed to be a commercial activity and establishment, not a residential establishment, for the purposes of this article.
MSW
Municipal solid waste, as defined by the Pennsylvania Solid Waste Management Act (35 P.S. § 6018.103 et seq.), and the Pennsylvania Municipal Waste Planning Recycling and Waste Reduction Act (53 P.S. § 4000.101 et seq.), as amended to date.
MSW BILLS
The bills, invoices, notices and documents issued by the Township of South Whitehall to property owners at periodic intervals to state the amounts and terms of payment of MSW charges on account of their property.
MSW CHARGES
All fees, costs and expenses, including penalty charges, administrative fees and service fees which are assessed or imposed by the Township of South Whitehall against a property for any and all MSW services provided or offered by the Township to that property.
MSW SERVICES
Any and all collection and disposal of MSW, and collection and recycling of recyclable materials, which is provided or offered by the Township of South Whitehall to a property.
PROPERTY
Residential establishment.
RESIDENTIAL ESTABLISHMENT
Any premises utilized primarily as a residential dwelling, including, but not limited to:
A. 
A single-family dwelling, whether attached or detached, including homes and mobile homes.
B. 
Each structure or property containing three or less residential dwellings, including multifamily housing, whether owned or rented.
C. 
Each residential dwelling within any structure or property containing three or fewer residential dwellings, whether owned or rented.
A. 
Imposition. The Township of South Whitehall hereby imposes charges for municipal solid waste collection and disposal and recycling services (hereinafter collectively designated as "MSW charges") upon the record owner of each residential establishment within the Township. The MSW charges shall be for the use of the Township.
B. 
Obligation. The owner of each residential establishment shall be obligated to pay the MSW charges, whether or not that residential establishment actually utilizes the municipal solid waste collection and disposal and recycling services provided by the Township.
A. 
To whom sent. The MSW bill for MSW charges shall be sent to the owner of the residential establishment at the last known address, unless the Township is notified in writing by said owner to send the MSW bill to another designated person.
B. 
Owner still responsible. In the event that a property owner designates another person to whom the MSW bill for MSW charges may be sent, the owner of each residential establishment served shall nevertheless be responsible and remain liable to the Township of South Whitehall for payment of all MSW charges imposed on that residential establishment, regardless of any agreement or arrangement between that property owner and any other person.
A. 
Annual basis. The cycle for MSW bills for MSW charges is hereby established on an annual basis.
B. 
Dates. Each year for MSW bills and MSW charges shall begin on January 1, and shall end on December 31 of the following calendar year, and shall be known as the "MSW billing year."[1]
[1]
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Annual bills. The MSW bills shall be issued to the property owners on or about the January 1 of each MSW billing year. The annual MSW bills shall state the amount of the MSW charges for the entire MSW billing year.[2]
[2]
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Payment options. The owner of each property may pay the MSW charges for the entire MSW billing year for that property at the beginning of that MSW billing year, or may pay the MSW charges for that property on a quarterly basis as provided herein.
[Amended 9-7-1994 by Ord. No. 606]
A. 
Quarterly payments. If a property owner does not pay the MSW charges for the entire MSW billing year for that property at the beginning of the MSW billing year, then the property owner shall be deemed to have elected to pay the MSW charges for the MSW billing year for that property on a quarterly basis provided herein.
B. 
Quarters. The quarters shall consist of four three-month periods in each MSW billing year, as follows:
[Amended 12-17-2003 by Ord. No. 790; 12-30-2008 by Ord. No. 887]
(1) 
First Quarter, from January 1 through March 31.
(2) 
Second Quarter, from April 1 through June 30.
(3) 
Third Quarter, from July 1 through September 30.
(4) 
Fourth Quarter, from October 1 through December 31.
C. 
Quarterly bills. Within each MSW billing year, bills for the quarterly MSW charges shall be provided for payment for each quarter, and shall state the amount of the MSW charges for that quarter.
D. 
Bill format. The quarterly MSW bills may be issued either all together on or about the first day of each MSW billing year, or separately on or about the first day of each quarter, in such format as the Township may choose in its discretion. The Township may also send reminder letters, at its discretion.
[Amended 9-7-1994 by Ord. No. 606]
A. 
Content. The Township staff is authorized to issue MSW bills for MSW charges in a format which states the amounts of the MSW charges for the entire MSW billing year, and the amounts of the MSW charges for each quarter together with any applicable discount or penalty charges as provided by this article.
B. 
Format. The MSW bills shall be in a format which is appropriate and convenient for the Township staff to prepare, issue, compile and record.
[Amended 9-7-1994 by Ord. No. 606]
A. 
Thirty days late. If any MSW bill for MSW charges is paid after 30 days after the date of issuance of that MSW bill, then a penalty charge in the amount of 10% of the amount of that MSW bill shall be added to the MSW charges and that MSW bill.[1]
[1]
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Sixty days late. If any MSW bill for MSW charges is paid after 60 days after the date of issuance of that MSW bill, then an additional penalty charge in the amount of 5% of the amount of that MSW bill shall be added to the MSW charges and that MSW bill.
A. 
Lien. All MSW charges shall constitute a lien on the property charged with the payment thereof, from the date of issuance of the bill for those MSW charges, but conditioned upon payment of the MSW charges.
B. 
Actions. If the MSW charges are not paid after 60 days from the date of issuance of the MSW bills, and after 30 days written notice, the charges may be collected in any manner provided by law, including, but not limited to:
(1) 
The Township may terminate all MSW services to the property charged, by reason of nonpayment of MSW bills and MSW charges.
(2) 
The Township may file a municipal lien against the property charged, including costs of filing and reasonable attorney's fees as provided by law, for any unpaid MSW charges.
(3) 
The Township may commence a legal action at law in assumpsit before any court of competent jurisdiction to recover the amount of the MSW charges due to the Township.
[Amended 9-7-1994 by Ord. No. 606; 1-6-1999 by Ord. No. 682; 12-1-1999 by Ord. No. 705; 12-13-2000 by Ord. No. 721; 12-30-2008 by Ord. No. 887]
MSW charges, without the administrative fee, shall be an amount as established from time to time by resolution of the Township Board of Commissioners. The administrative fee shall be an amount as established from time to time by resolution of the Township Board of Commissioners. The MSW charges for each respective quarter within the MSW billing year shall be an amount as established from time to time by resolution of the Township Board of Commissioners.
[Amended 9-7-1994 by Ord. No. 606]
If MSW services are first provided to a property owner during any MSW billing year quarter, then the MSW charges and MSW bills may be prorated on a per diem basis from the time that the MSW services commence until the start of the next following MSW billing period, at the sole discretion of the Township.
[Amended 9-7-1994 by Ord. No. 606]
Nothing herein shall prohibit the Township from entering into a separate agreement with a property owner for MSW services to be provided and charges to be imposed in those cases where, due to seasonal fluctuations or other unusual circumstances, the MSW charges set for the herein shall be deemed by the Township to be unfair or inequitable. Any decision to enter into such a separate agreement shall be at the sole discretion of either the Township Manager or the Township Board of Commissioners.
[Amended 9-7-1994 by Ord. No. 606]
A. 
The Township shall charge fees for the bags, tags and other items which the Township sells, issues or furnishes to contain and/or identify leaf waste and yard and garden waste, as part of the Township's program to manage the MSW stream by recycling, composting or otherwise processing and disposing of those wastes. The fees shall be established from time to time by resolution of the Township Board of Commissioners.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
These fees may be changed, and such bags, tags, and other such items may be made available or deleted, as directed by a resolution of the Board of Commissioners from time to time hereafter.
[Amended 9-7-1994 by Ord. No. 606[1]]
If MSW service to a property is terminated for any reason, an administrative fee for coordinating the termination and/or restoration of MSW service, in the amount as established from time to time by resolution of the Township Board of Commissioners, shall be paid before MSW service is restored to that property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-7-1994 by Ord. No. 606[1]]
If any check, money order, credit card charge slip or similar type of payment for MSW charges is returned marked "uncollected" or similarly for any reason including, but not limited to, insufficient funds, refusal to honor the payment, closed account or lack of valid signature, then an additional service fee, in and amount established from time to time by resolution of the Township Board of Commissioners, for handling and rebilling, shall become an additional MSW charge against that property and shall be paid as provided herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-7-1994 by Ord. No. 606]
A. 
Prior MSW charges. Any MSW charges assessed for MSW billing years and quarters before the effective date of this article shall continue and remain in full force and effect until paid in full, together with any applicable penalty charges.
B. 
Article. The provisions of the article hereby adopted, insofar as it is the same as those ordinances in force immediately prior to the enactment of this article, is intended as a continuation of such ordinances, and not as a new enactment.