[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 22-1992. Amendments noted where applicable.]
Public health: see Chs. 6-301, 6-305, 6-309 and 6-311.
[Ord. No. 39-1995; amended 12-16-1997 by Ord. No. 19-1997; 4-25-2006 by Ord. No. 6-2006; 11-20-2007 by Ord. No. 20-2007; 7-9-2013 by Ord. No. 14-2013]
The collection and disposal of municipal waste shall be in accordance with the following schedule of charges which shall be applicable to the owners and occupants of properties whose municipal waste is collected by the City:
Single-family residential: $156 per year; $13 monthly.
Multifamily residential: $13 monthly for each unit, except for multifamily residential properties utilizing dumpsters, in which case rates shall be set pursuant to Subsection A(5) of this section.
Special exception for certain multiunit rooming houses. In cases of multifamily residential units in rooming houses utilizing common facilities for the Director of DPW is hereby authorized to promulgate rules and regulations authorizing reductions in the rates applicable to such units related to the nature and quantity of solid wastes placed for collection from such properties, provided that such rates shall in no event be less than 50% of the standard collection rates set forth above for multifamily residential units, and provided that at least one full single-family rate shall be applicable to each property.
Commercial/nonresidential. The collection rates for each property, or part of a property, utilized for commercial and/or nonresidential purposes within the City shall be set forth in rules and regulations promulgated by the Director related to the kind, quality, and quantity of municipal waste to be collected from such property, provided that such rates shall not be less than $411 per year; $34.25 monthly.
Dumpsters. The collection rates for dumpsters, whether located on property classified as single-family or multifamily residential or commercial/nonresidential, shall be at the rates as set forth in Appendix, Chapter 9, page A:23, of the Codified Ordinances. The City, through the Director of DPW, shall set the collection rates for individual customers whose dumpsters, due to size of dumpster(s) or compaction of waste, do not fit within the rate schedule set forth in the Appendix.
In addition to the charges for collection of municipal waste by the City, there is hereby imposed upon each property within the City a refuse ready-to-serve and use of facilities charge for the disposal of municipal waste delivered by the City to the disposal facility, pursuant to the following:
Residential dwelling units of four units or less (including vacant lots and except as otherwise provided herein): $232 per year per unit.
Nonresidential property and multifamily residential property of five or more units: a charge for each person using a structure or part of a structure for a separate nonresidential use or for residential use within a single property containing five or more separate living units at the rates set forth in Appendix, Chapter 9, page A:23, of the Codified Ordinances. The City, through the Director of DPW, shall set the disposal rates for individual customers whose trash is collected in dumpsters which, due to size of dumpster(s) or compaction of waste, do not fit within the rate schedule set forth in the appendix.
The charges imposed for disposal of municipal waste in the City shall be imposed upon the owners of all improved property within the City, except for improved property used exclusively as an accessory use, such as a garage, constructed within 60 feet of the property line of the single-family residence for which it is an accessory use, provided that the accessory use is not occupied, rented or used for any commercial or residential purpose.
Approved private haulers who collect municipal waste generated in the City and those persons who dispose of their own municipal waste, in accordance with the respective approvals granted by the Director DPW and the Director I&SG, shall dispose of all such municipal waste at the disposal facility and shall pay a per-ton fee hereafter and from time to time duly established for the same by the Director I&SG. A current fee schedule shall be kept on file in the office of the City Clerk. The Director I&SG shall exempt from the disposal charges any property from which all municipal waste is collected by an approved private hauler.
All monies received by the City from the collection of the ready-to-serve and use of facilities charge as provided in this chapter, and all penalties and interest thereon, shall be segregated and kept separate and apart from all other funds of the City. Such segregated funds shall be used only for the purpose of defraying the expenses of the City in the operation, maintenance (including insurance), repair, alteration, inspection, and other ordinary expenses in relation to the disposal facility and for the making of usual renewals and replacements and ordinary improvements thereto in order to maintain adequate service, including any taxes lawfully imposed, payable by the City under other payment required to be paid under such lease or supplement.
All billings for charges under this chapter shall be prepared in the name of the owner of the premises for which the collection charges are being made, and the charge is hereby imposed upon such owner. The deed registry in the office of the City Engineer shall be prima facie evidence of the owner of property in the City, and the burden of proving that such registry is in error shall be upon the person asserting the same. The charges provided herein shall be paid in advance by the owner or occupant of the property involved.
If any person fails to pay in full within 60 days any bill for the charges imposed under this chapter, the City shall have the right to terminate municipal waste collection and disposal services rendered to the property of such person for such period as the City may, in its discretion, determine. After payment of all delinquent bills by such person, service may be restored.
Charges imposed under this chapter shall be a lien on the properties served from the date the charge first becomes due and payable. In addition to all other rights of the City, if such charges are not paid, the City may file such liens and collect same in the manner provided by law for the filing and collection of municipal liens and claims and may proceed to collect such charges by an action in assumpsit in the name of the City against the owner of the property charged.
Whenever notice is necessary under this chapter, such notice shall be properly served upon such owner if a copy thereof is delivered to the owner personally; or by leaving a notice at the usual place of abode with someone of suitable age and discretion, who shall be informed of the contents thereof; or by certified or registered mail, addressed to the owner at the last known address, with return receipt showing it has been delivered. If the return receipt shows that it has not been delivered, then service may be made by posting a copy thereof in a conspicuous place in or about the structure affected by such notice. Such notice shall set forth a reasonable time for such compliance to be accomplished.
The Director DPW, or any other designated City official, shall act in the capacity of a police officer for the limited purpose of issuing nontraffic summary citations to owners of premises or persons who are found in violation of this chapter.
The Director DPW may, by written rule or regulation, designate employees of the Department of Public Works who may issue such citations. Such rules or regulations shall be effective three days following filing with the City Clerk.
Violation of any part or whole of this chapter shall be punishable under the general code penalty, § 1-301.99, and any other applicable law or regulation.