[Adopted 1-2-1991 by Ord. No. 91-1]
This article shall be known as the "Refuse Disposal Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Bellevue, Allegheny County, Pennsylvania;
the Director of Administrative Services; and the Town Council of the
Borough of Bellevue.
That individual, partnership, firm, corporation or business
entity designated by the Town Council as the result of an agreement
entered into by the Borough and the Borough collector and designated
as having the exclusive right to collect refuse and garbage and recyclables
within the Borough of Bellevue, but shall not be construed as meaning
that the Borough collector is an employee, official or representative
of the Borough of Bellevue.
An area characterized for occupancy as a residence by a family
unit and having both kitchen facilities and sanitary facilities.
At least one and not more than three dwelling units.
[Last amended 1-6-2009 by Ord. No. 09-02]
The Town Council of the Borough of Bellevue hereby affirms the
execution of agreements approved August 2, 2006, by and between Waste
Management of Pennsylvania to collect and remove all garbage, rubbish
and recyclables, as those terms are defined in said agreement and
Borough of Bellevue Ordinance Nos. 83-17, 90-12, 90-13 and 91-1, as
amended, and in accompanying recycling regulations, from all residential
dwelling structures situated within the Borough of Bellevue during
the period commencing January 1, 2007, and terminating December 31,
2009, and a three-year option and a two-year option, if exercised.
[Last amended 1-6-2009 by Ord. No. 09-02]
During the period of the agreement, no partnership, individual,
corporation or other entity, other than Waste Management of Pennsylvania,
shall collect and dispose of garbage, rubbish and recyclables from
said residential dwelling structures of not more than three units
within the Borough of Bellevue.
[Last amended 12-27-2018 by Ord. No. 18-10[1]]
All persons occupying residential dwelling structures of not
more than three units are required to utilize and subscribe to the
said garbage, rubbish and recyclable collection disposal service contracted
or arranged by the Borough and to pay for the same in accordance with
the following rates:
A.
The sum of $200 per dwelling unit for the year, and each year thereafter
until changed by Town Council. Said persons shall be billed on January
30 of each year and shall be due and payable by on or before March
30th or in two installments by on or before March 30 and July 2, as
follows:
(1)
The above amount shall be due and payable by on or before March 30
of said year, except if the total amount of $200 is paid by the last
day of February, a discount of $10 will be allowed.
(2)
It he amount due is paid in two installments, the first installment
of 50% of face value shall be paid on or before March 30 of that year,
and the second installment of balance shall be paid on or before July
2 of that year.
B.
The fees herein provided shall be paid as stated in Subsection A hereof by the owner of the dwelling unit, and shall be the legal obligation and responsibility of said dwelling unit, all unsettled fees or charges shall become the responsibility of the new owner.
C.
In the event owner does not make timely payment on or before March
30 or per the payment plan as set forth above, penalty, interest,
and other hereby assessed as follows:
(1)
Penalty shall be imposed on delinquent unpaid balances (after the
due date) in the amount of 10% and
(2)
Interest shall accrue and be charged on delinquent unpaid balances
(after the due date) at the rate of 10% per annum for each month,
or fraction thereof, until paid; and
(3)
Reasonable attorney's fees shall be added, as per Borough ordinance;
and
(4)
Payments received on unpaid balances shall be applied first to all
penalty charges, then to interest charges, and lastly to principal
balances due and owing.
(5)
The payment, interest, penalties, additional penalties, court costs
and attorneys' fees levied and assessed hereunder shall be due
and payable whether or not the property is occupied or vacant.
D.
Delinquent accounts are subject to stoppage of service without notice
at the option of the Director of Administrative Services. Upon stoppage,
service will be resumed thereafter only on payment on all accumulated
charges for the period of collection and the noncollection charges
as well as all penalties and interest assessed against the account.
E.
The stoppage of service herein provided shall be in addition to the
right of the Borough to proceed for the collection of such unpaid
charges by action in assumption or by municipal lien, or at the election
of the Borough, in any manner provided by law for the collection of
a municipal claim, and all costs of collection, including court costs,
attorney's fees, and administrative costs.
F.
The Director of Administrative Services shall set forth in every
municipal lien certificate the status of each account and any amounts
due must be paid prior to or at the time of the transfer of ownership
of said property.
G.
Unless otherwise directed by the Borough of Bellevue, the aforesaid
payments for garbage, rubbish and recyclable collection and disposal
services shall be made to the Borough of Bellevue.
[1]
Editor’s Note: This ordinance provided an effective
date of 1-1-2019.
Nothing contained in § 225-33 herein shall be interpreted to preclude the Borough in its discretion, from offering upon request optional municipal garbage collection services to such multifamily residential structures having four or more dwelling units as it deems appropriate, provided that the Borough and the Borough Collector first determine that curbside service is reasonably feasible for the requested multiunit residential structure and for the property; provided further that the Borough has first entered into an agreement with its then exclusive Borough Collector authorizing such multifamily residential structure to be included in its then-existing residential collection services agreement with the Borough at a per-unit cost no greater than the per-unit cost applicable to other residential dwelling units covered generally by such agreement; and provided further that such optional municipal garbage collection services shall be involved directly to and payable directly by the owner (i.e. landlord) of such multifamily residential structure having four or more dwelling units. In such event, any multifamily residential structure having four or more dwelling units. In such event, any multifamily residential property owner accepting such optional municipal garbage collection services pay such per unit rate as provided in § 225-33 hereof or such greater per unit rate as may be established by resolution of Council from time to time. Any such owner receiving optional municipal garbage collection services shall also be subject to all other provision of this section and all other Borough ordinances pertaining to garbage storage or garbage remove and collection services, and such owners shall be subject to such other terms and conditions as may be imposed by the Borough as a condition of providing such optional services. The Borough shall at all times reserve the right to terminate and/or refuse to enter into or renew optional service to any multifamily structure whose owners(s) fail at all times to timely pay for and maintain their Borough garbage account in good standing or to whose owners or occupants fail to otherwise comply with any other applicable ordinances pertaining to garbage storage removal and collection services. Moreover, the Borough further reserves at all times the power to change, modify, amend, or cease altogether the practice of providing optional municipal collection services to multiunit residential structures.
[1]
Editor’s Note: This ordinance provided an effective
date of 1-1-2019.
[Last amended 1-6-2009 by Ord. No. 09-02]
Any resident, occupant or person in charge of a residential
dwelling structure or unit therein who neglects, fails or refuses
to comply with the provisions hereof shall, upon conviction therefor
by a Magisterial District Judge or other court of competent jurisdiction,
be sentenced to pay a fine of not less than $250 and not more than
$500 and costs of prosecution and, in default of payment of such fine
and costs, be imprisoned for not more than 30 days. Each day the violation
continues shall constitute a separate offense.
