[Adopted 12-20-1993 by Ord. No. 921 (Ch. 20, Part 3, of the
1987 Code of Ordinances)]
This article shall be known as the "North Versailles Township
Garbage and Sanitation Fee Ordinance."
As used in this article, the following words and terms shall
have the definitions set forth herein:
That fee imposed by this article or any amendment hereto
for sanitation and for the collection of garbage for a calendar year.
A single building containing four or more living units. Such
apartment buildings are not covered by this article as they are not
included for the collection of garbage pursuant to North Versailles
garbage collection contract for the year 1994 and subsequent years.
Covered under the terms of this article shall be single-family
buildings, duplexes and triplexes as the same are commonly known.
It is the intent to include any single building which includes up
to three living units which shall be deemed to be apartment buildings
as defined herein.[1]
Any natural person, corporation, partnership, limited partnership,
owner, occupier, tenant, rental agent, manager or any other legally
recognized entity under the laws of the Commonwealth of Pennsylvania.
That material or waste product as the same is used in the
North Versailles Township garbage collection contract effective for
1994. It shall further be deemed to include rubbish as is set forth
in said contract. Such contract and all specifications for bidding
as prepared by Glenn Engineering for North Versailles Township for
the year 1994 shall be deemed to be included herein and made a part
thereof.[2]
Entity designated by North Versailles Township by simple
resolution as the entity responsible for collecting the garbage and
sanitation fee as set forth and provided for herein.
An apartment, dwelling, residence, home or single-family
residence used by one family or living entity or intended to be used
by one family entity. It may be contained in a dwelling standing alone
or with other living units together forming part of one building.
Such person in actual possession of a living unit who is
not the legal owner.
One-fourth of the annual fee as to be collected and paid
as provided for herein.
That entity which collects, manages, rents or otherwise has
some responsibility or control over the occupancy of a living unit.
A nonowner of a living unit which shall, nevertheless, be
an occupant of a living unit pursuant to some lease or other agreement.
A.Â
The following fees shall be charged:
[Amended 12-16-2010 by Ord. No. 1054; 12-15-2011 by Ord. No. 1064]
B.Â
Annual discount. A discount of $7 shall be given for any living unit
for which the fee is paid for the entire year provided the fee is
paid on or before March 1, 1994, or on or before January 31, 1995,
and by January 31 in subsequent years.
C.Â
The annual fee shall be due and payable whether or not garbage is
collected from any living unit and whether or not the same is occupied.
The intent of this article is to impose a garbage collection and sanitation
fee for each and every living unit in North Versailles Township.
D.Â
Accounts shall be deemed to be delinquent when the fee has not been
paid within one calendar month of the due date. Payment shall be deemed
to have been made upon receipt by the collector or the date of the
postmark for mailed payments, whichever is earlier.
Every entity having ownership, control, responsibility, occupancy
or the right of control or occupancy of any living unit as defined
shall be obligated to pay said fee. It is the intent of this article
to collect the fee for every living unit for which garbage is collected
or intended to be collected under the terms of this article or under
the terms of the garbage collection contract for 1994. The Township
and its collector shall have the right to collect this fee in any
legal action against any and all of the persons or entities responsible,
either jointly, singly or severally. Fees, penalties, interest and
other charges may be against the real estate by in rem or in personam
proceedings. The Township also reserves the right to discontinue garbage
collection for any unit wherein the fee is delinquent.
A.Â
A collector of the fee prescribed herein shall be entitled to 5%
of the basic fee collected from each entity responsible for paying
such fee. The Township will also reimburse the collector for all postage
and other authorized expenses occurred in the collection of the fees.
In regard to delinquent accounts which may become delinquent under
the terms of this article, the collector shall further be entitled
to any attorney's fees, penalties or interest allowed by this
article added to or due from the entity because of such delinquency.
B.Â
The collector of the fee imposed by virtue of this article shall
be that named by the Township from time to time by simple resolution;
the collector shall further give such bond as the Board of Commissioners
may set from time to time for the faithful performance of its duties.
The collector shall be responsible to collect all such sums due under
this article, and shall do the same promptly, diligently and efficiently.
The collector shall bill the Township for its fees and expenses as
provided for herein, but shall deposit all sums collected directly
to the Township account without deduction. The collector shall maintain
a separate bank account for the deposit of funds which shall be in
the name of the Township of North Versailles and which shall be the
property of the Township of North Versailles.
C.Â
In the prosecution of any such cases the collector shall not be entitled
to retain counsel, but shall be obligated to use the services of the
Township Solicitor. The collector shall be authorized to file such
suits and prosecute such liens as the collector deems to be necessary
in its discretion; the Township of North Versailles will advance all
court costs or filing fees for such suits or liens. The collector
shall use its full time, best, good faith efforts to collect the garbage
fee imposed herein and shall file such reports as from time to time
the Township shall deem to be necessary, but in no event shall reports
be filed less than quarterly.
A.Â
The garbage fee due herein shall be due and payable in advance on the first day of the month of the quarter as set forth hereinabove in § 250-43. Mailing the garbage fee bill by the collector shall be conclusive proof that demand was appropriately and timely made for the amount set forth in the collector's records as of the date of mailing. All sums claimed to be due in the notice by the collector shall be deemed to be delinquent if not paid in accordance with § 250-43. Thereafter, there shall be added a penalty of 10%, an attorney's fee of 5% and simple interest shall be calculated from that day forward in the amount of 6% per annum. The collector may properly demand payment of said fees by mailing such bill by regular bill, postage prepaid, to the address of the property involved.
B.Â
The purpose of this article and fee imposed hereby is to defray the
cost of recycling, garbage collection, administration and enforcement
and further to defray the costs and expenses of health and sanitation
and prosecution of matters pertaining to health and sanitation.
This article, including the rates, amounts, collection fees,
identity of collector and such similar provisions may be amended by
simple resolution of the Board of Commissioners of the Township of
North Versailles at any regular or special meeting duly convened.
In the event that rates and penalties are increased, the same shall
not go into effect until following public notice in accordance with
law.
