[Adopted 3-21-1989 by Ord. No. 890 (Ch. 20, Part 2B, of the
1989 Code)]
As used in this article, the following words shall have the
following definitions:
A person who files a claim for relief from imposition of
the garbage collection fee and was 65 years of age or over, or whose
spouse (if a member of the household) was 65 years of age or over,
during a calendar year in which the imposition of the garbage collection
fees was due and payable, or was a widow or widower and was 50 years
of age or over during a calendar year or part thereof in which the
garbage collection imposition fee was due and payable, or was a permanently
disabled person 18 years of age or over during a calendar year or
part thereof in which the garbage collection fee was due and payable.
All income received by the claimant, his spouse or any other
individuals while residing in the homestead during the calendar year
for which relief is requested.
All income from whatever source derived, including, but not
limited to, salaries, wages, bonuses, commissions, income from self-employment,
alimony, support money, cash, public assistance and relief, the gross
amount of any pensions or annuities including railroad retirement
benefits, all benefits received under the federal Social Security
Act (except Medicare benefits), all benefits received under state
unemployment insurance laws and veterans' disability payments,
all interest received from the federal or any state government, or
any instrumentality or political subdivision thereof, realized capital
gains, rentals, workers' compensation and the gross amount of loss-of-time
insurance benefits, life insurance benefits and proceeds (except the
first $5,000 of the total of death benefit payments), and gifts of
cash or property (other than transfers by gift between members of
a household) in excess of a total value of $300, but shall not include
surplus food or other relief in kind supplied by a governmental agency
or property tax or rent rebate or inflation dividend.
A person who is unable to engage in any substantial gainful
activity by reason of any medically determined, both physical and
mental, impairment which can be expected to continue indefinitely
and show proof of eligibility for disability benefits under the federal
Social Security Act.
The surviving wife or the surviving husband of a deceased
individual who has not remarried.
Any senior citizen, widow, widower or permanently disabled person,
as defined in this article, who wishes to apply for relief from the
payment of the fee for garbage collection under Ord. No. 932 (§ 255-2
of this chapter) shall submit to the office of the Borough Secretary,
on forms supplied by the Borough Secretary:
A.Â
A claim for relief together with the proof of filing a claim with
the Commonwealth of Pennsylvania for a property tax or rent rebate.
B.Â
A claim for relief under this section shall be filed with the Borough
Secretary on or before the 30th day of June of the year next succeeding
the end of the calendar year in which relief is deemed.
C.Â
No claimant whose total annual homestead income exceeds $6,000 shall
be eligible for relief under this article.
D.Â
Any claimant aggrieved by the denial of relief by a decision of the
Borough Secretary may appeal from the Borough Secretary's decision
to Borough Council, whose decision shall be final.
E.Â
No person shall file or assist in the preparation of filing of a
claim under this article with fraudulent intent. In any case in which
a claim is filed with fraudulent intent, the claim shall be disallowed
and a penalty of 25% of the amount claimed shall be imposed. The penalty
and the amount of the disallowed claim, if the claim has been paid,
shall bear interest at the rate of 0.5% per month from the date of
the claim until repaid. In addition, the claimant and any person who
assisted in the preparation of filing a fraudulent claim shall be
subject to a fine not to exceed $300.
F.Â
A claim shall be disallowed if the claimant received title to real
estate primarily for the purpose of securing relief of such garbage
charges under this article.
