[Ord. 20-91, 12/5/1991, § 2; amended by Ord. No. 2020-12, 11/5/2020]
The following words and phrases, when appearing in the text
of this Part, shall have the following meaning given to them in this
Section, unless the context clearly indicates otherwise.
"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.
The bills, invoices, notices and documents issued by Upper
Macungie Township to property owners at periodic intervals to state
the amounts and terms of payment of MSW charges on account of their
property.
All fees, costs and expenses, including penalty charges,
administrative fees and service fees, which are assessed or imposed
by Upper Macungie Township against any and all MSW services provided
or offered by the Township to that property.
Any and all collection and disposal of MSW and collection
and recycling of recyclable materials which is provided or offered
by Upper Macungie Township to a property.
[Ord. 20-91, 12/5/1991, § 2]
1.
Charges. The Township of Upper Macungie hereby imposes charges for
municipal solid waste collection and disposal services (hereinafter
collectively designated as "MSW charges") upon the record owner of
each residential establishment within the Township.
[Amended by Ord. No. 2020-12, 11/5/2020]
2.
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.
[Added by Ord. No. 2020-12, 11/5/2020[1]]
The Township of Upper Macungie shall establish the MSW charges
or rates based upon an entire MSW billing year with said MSW charges
being established by Resolution.
[1]
Editor's Note: This ordinance also provided for the redesignation
of subsequent sections.
[Ord. 20-91, 12/5/1991, § 2; as amended by Ord. No. 2023-03, 1/3/2023]
The 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 bill to another designated address.
The owner of each residential establishment served shall be responsible
and remain liable to the Township of Upper Macungie for payment of
all MSW charges imposed on that residential establishment. Billing
procedures and charges for said services (rates), including penalty
for late payment, shall be established as set forth and as amended,
from time to time by resolution, in the Fee Schedule for Upper Macungie
Township.
[Ord. 20-91, 12/5/1991, § 2]
1.
Liens. 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.
2.
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:
A.
The Township may terminate all MSW services to the property charged
by reason of nonpayment of MSW bills and charges.
B.
The Township may file a municipal lien against the property charged,
including costs of filing and reasonable attorney's fees provided
by law for any unpaid MSW charges.
C.
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 and costs due the Township.
[1]
Editor's Note: Former §§ 20-205, Billing Cycle;
20-206, Quarterly Billing Cycle; and 20-207, Discounts and Penalties,
adopted by Ord. No. 20-91, 12/5/1991, were repealed by Ord. No. 2023-03, 1/3/2023, which ordinance also renumbered former §§ 20-208 through 20-212 as §§ 20-205 through 20-209, respectively.
[Ord. 20-91, 12/5/1991, § 2]
1.
Prorating. If MSW services are first provided to a property owner
during any MSW billing quarter, the MSW charges and bills may be prorated
on a per diem basis from the time that MSW services commence until
the start of the next following MSW billing period.[1]
[1]
Editor's Note: Former Subsection 2, Discount, which immediately
followed this subsection, was repealed by Ord. No. 2023-03, 1/3/2023.
[Ord. 20-91, 12/5/1991, § 2; amended by Ord. No. 2020-12, 11/5/2020]
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 set by resolution shall be an additional
MSW charge and shall be paid before MSW service is restored to that
property.
[Ord. 20-91, 12/5/1991, § 2; as amended by Ord.
00-6, 12/7/2000, § 2; and by Ord. No. 2020-12, 11/5/2020]
If any check, money order, credit card 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 payment, closed account or lack of valid signature
then an additional service fee as set by resolution for handling and
rebilling shall become an additional MSW charge against that property
and shall be paid as provided herein.
[Ord. 20-91, 12/5/1991, § 2]
Any MSW charges assessed for MSW billing years and quarters
before the effective date of this Part shall continue and remain in
full force and effect until paid in full, together with any applicable
penalty charges.[1]
[1]
Editor's Note: Former Part 3, Municipal Waste Disposal and Recycling, Article A, Waste Disposal and Recycling Ordinance, adopted by Ord. 21-91, 12/5/1991, as amended, and Article B, Recycling Regulations, adopted by Res. 12/5/1991, as amended, and Part 4, Yard Waste, Article A, Dropoff Regulations, adopted by Ord. 2007-5, 7/5/2007, and Article B, Leaf Waste Pickup Regulations, adopted by Ord. 2007-10, 10/4/2007, which immediately followed this section, were repealed Ord. No. 2020-12, 11/5/2020. See now Part 1 of this chapter.
