City of Harrisburg, PA Chapter 8-309 Temporary Disposal and Storage Unit Regulations

[HISTORY: Adopted by the City Council of the City of Harrisburg 3-26-2002 by Ord. No. 5-2002; amended in its entirety 10-27-2010 by Ord. No. 14-2010. Subsequent amendments noted where applicable.]

§ 8-309.1 Special permit required.

No person, firm or corporation shall have a temporary disposal or storage unit placed on its property or on the street adjacent to its property without a special permit granted therefor. Such special permit shall be in addition to any other permit required by the Building Code or Property Maintenance Code of the City of Harrisburg.[1]

[1] Editor's Note: See Chs. 8-101, Building Code, and 8-107, Property Maintenance Code.

§ 8-309.2 Definitions. [1]

As used in this chapter, unless otherwise expressly stated or clearly indicated by the context, the following terms shall have the meanings indicated:

TEMPORARY DISPOSAL OR STORAGE UNIT

A container with an area measuring two cubic yards or more consisting of metal or other nonpervious material, the purpose of which is the temporary storage or collection of trash, debris, construction material or other nonorganic items, which is transported to and from areas by mechanical means and dumped at state-approved landfill sites or is otherwise used for the temporary storage of materials, including dumpsters, trailers, and portable on-demand storage (PODS®).

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).

§ 8-309.3 Permit application and fee.

The application for such special permit shall be made in writing on such form or forms as may be prescribed by or approved by the Codes Administrator, or designee, and signed by the owner or authorized agent of the premises. All applications shall be filed in triplicate and accompanied by a special fee of $50, which fee shall not be returned if the application is revoked. Any temporary disposal or storage unit that is placed without first securing a valid permit shall be subject to the payment of an additional penalty charge equal to the application fee, or $100, in addition to all other remedies available to the City.

§ 8-309.4 Permit term and renewal.

Any permit issued pursuant to this chapter shall remain valid for a period of 30 days. A permit may be extended for additional thirty-day terms, subject to the payment of a twenty-five-dollar permit renewal fee and the approval of the Codes Administrator, or designee, for each subsequent renewal. Approval of a permit renewal may be denied based upon complaints received regarding the temporary disposal or storage unit or the failure to comply with the temporary disposal or storage unit maintenance provisions contained herein. Any temporary disposal or storage unit that remains in place following the expiration of the thirty-day permit without securing a valid renewal of the permit shall be subject to the payment of a penalty charge equal to the permit renewal fee, or $50, in addition to all other remedies available to the City.

§ 8-309.5 Maintenance requirements.

All temporary disposal or storage units subject to the permit provisions of this chapter are also subject to the following maintenance provisions:

A. All temporary disposal or storage units must be securely covered with a nonpervious material during times of inactivity.

B. Temporary disposal or storage units placed directly on a property must be placed within the parameters delineated by the recorded deed for the subject property.

C. Temporary disposal or storage units placed on a public street, thoroughfare or right-of-way may be subject to review by Harrisburg parking enforcement personnel and the City Engineer or any other agency that may have an interest or concern.

D. Temporary disposal or storage units placed on a public street, thoroughfare or right-of-way abutting the property must be placed at a point within the parameters delineated by the recorded deed for the property.

E. Temporary disposal or storage units must be dumped according to a routine schedule submitted with the permit application.

F. All items placed in a temporary disposal or storage unit must be composed of nonorganic material and must not produce any offensive odors or airborne contaminants.

G. Temporary disposal or storage unit placement may not interfere with or obstruct the view of pedestrian or vehicular traffic.

H. Hazardous waste is prohibited from being placed in any temporary disposal or storage unit.

I. No items may be placed in a temporary disposal or storage unit which may cause the draining of offensive fluid or fluid detrimental to the City sewage system on neighboring properties or public streets.

J. Temporary disposal or storage units must not overflow or cause the scattering of debris or other items to neighboring areas.

K. Items placed in the temporary disposal or storage unit that, when disposed of, would cause unreasonable noise shall be done so with respect to the general public and City noise ordinances.

§ 8-309.6 Revocation of permit; order to remove.

The failure of a permit holder to comply with any of the above maintenance provisions may result in the revocation of the permit by the Codes Administrator, or designee, or the ordered removal of the temporary disposal or storage unit. Should the permit holder fail to have a temporary disposal or storage unit removed within five days of being ordered to do so by the Codes Administrator, or designee, the City may undertake whatever action necessary to have the temporary disposal or storage unit removed. Any expense incurred in doing so, together with a penalty of 10% of such expense, may be collected from the party responsible in an action in assumpsit. In addition, if the party responsible is the owner of the property involved, the expenses and the penalty may be entered as a municipal claim against the property in accordance with the provisions of law governing the entry of a municipal claim.

§ 8-309.99 Penalty.

A. Any person who violates any provision of this chapter shall be additionally subject to the general code penalty, § 1-301.99 of these Codified Ordinances.

B. Upon conviction for a violation of any provision of this chapter pursuant to Subsection A, in addition to any fines, fees or penalties levied in accordance with Subsection A, an additional neighborhood mitigation penalty shall be levied in the amount of $25. All such penalties levied and collected by any division of the unified judicial system existing under Section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.