A.
There is hereby established a municipal recycling program for the
mandatory separation of recyclable materials from solid waste by persons
residing in residential property or dwelling units. Such separation
shall be in a manner as determined by the collector.
B.
The Director of the Department of Public Works and the Recycling
Coordinator for the City, in concert with the collector, shall establish
a procedure for the collection, removal, and disposal of recyclable
materials, including the times, methods for collection, and routes
of service.
C.
The collector will be requested to hold scheduled events during which
City residents may take e-waste and tires to a centralized disposal
site. An additional fee may be charged by the collector for disposal
of such.
A.
All persons shall separate recyclable materials from other waste
material generated and shall store such materials until collection.
For collection purposes, recyclable materials shall be placed in approved
containers.
B.
All persons shall separate leaf waste from other waste materials
generated at their residential property or dwelling unit for collection
in the fall by the City, unless such persons have otherwise provided
for the composting of leaf waste. Residents may deposit leaf waste
in the appropriate dumpster located at a place designated by the Director
of the Department of Public Works for the City. This "dropoff" program
is available year-round.
C.
All persons shall separate brush waste from other waste materials
generated at their residential property or dwelling unit for collection
in the spring by the City. Residents may also deposit brush waste
in the appropriate dumpster located at a place designated by the Director
of the Department of Public Works for the City. This "dropoff" program
is available year-round.
D.
All persons shall separate grass clippings from other waste materials
(including leaf and brush waste) generated at their residential property
or dwelling unit. The City offers no accommodation for the disposal
of grass clippings.
E.
Natural Christmas trees, with all decorations, including, but not
limited to, tinsel, garland, lights, and ornaments, removed, may be
dropped off by City residents at a location designated by the Director
of the Department of Public Works through January 31.
F.
Residents are to legally dispose of the following items by making
arrangements with an appropriate collector: scrap metal, construction
debris, and household hazardous waste.
A.
Commercial, institutional, and industrial establishments shall separate,
store and provide for collection of recyclable materials. At least
annually, all such commercial, industrial, and institutional establishments
shall provide written documentation to the City of the total number
of tons recycled.
B.
An owner of a multifamily rental property with four or more units
shall establish a collection system for recyclable materials at each
property. The collection system must include suitable containers for
the collection and sorting (if required) of recyclable materials in
easily accessible locations, and written instructions concerning the
use and availability of the collection system must be provided to
tenants. Owners who comply with the terms of this subsection shall
not be responsible for the noncompliance of occupants of their building(s).
C.
Screening shall be provided as required by the City of Warren Zoning
Ordinance, as may be amended from time to time.
A.
No person shall place or dispose of any recyclable materials in or
about any street, sidewalk, roadway, highway, or other public area
or in or upon any private property, whether owned by such person or
not, within the City except in proper containers for collection as
prescribed for in this article.
B.
Any unauthorized accumulation of recyclable materials on any premises
is hereby declared to be a nuisance and is prohibited.
C.
No person shall throw or deposit any recyclable materials in any
river, stream or other body of water in the City or so cast, place,
sweep or deposit, anywhere within the City, any recyclable materials
in such manner that they may be carried or deposited by the elements,
animals, or other persons upon any street, sidewalk, alley, parkway,
river, stream, body of water, or other public place within the City.
D.
No person shall haul, transport or convey any recyclable materials
which may be lost from the carrier vehicle during collection or transport.
E.
No person shall ignite or feed an open fire for the destruction of
recyclable materials or in the conduct of a salvage operation in any
public or private place outside of any building or cause, suffer,
allow or permit the maintenance of any open fire for the destruction
of recyclable materials.
A.
Ownership of any recyclable materials is retained by persons at residential
properties or dwelling units until the materials are placed at the
curbside. Thereafter, they become the property of the City of Warren
or its collector.
B.
It shall be a violation of this article for any unauthorized persons
to collect or pick up or cause to be picked up any such recyclable
materials. Each such collection in violation hereof shall constitute
a separate and distinct offense punishable as hereinafter provided.
C.
Nothing contained herein shall prohibit a person from taking recyclable
materials to a recycling center or collection site.
D.
Nothing contained in this chapter shall prohibit a gardener from
carrying out the normal activities of gardening, including composting
and spreading of agricultural wastes.
All collectors of recyclable materials who make regular collections
at intervals of three months or less, servicing commercial, multifamily
rental properties, industrial, and institutional establishments within
the City of Warren, shall register with the City Manager's office,
providing the following information:
A.
Copy of state-issued license as a hauler/disposer of recyclable materials;
B.
Business office address and telephone number;
C.
Number and type of collection vehicles to be used;
D.
License numbers of collection vehicles to be used;
E.
Copy of certificate of insurance providing complete third-party comprehensive,
bodily injury, and property damage and liability insurance, the limits
of which shall be in accordance with City policy;
F.
List of establishments being served;
G.
Schedule of collections;
H.
Materials to be collected at each establishment;
I.
Quarterly total volume reports of recyclable items;
J.
Name and address of market for recyclable items.
Except in cases of emergency, as determined by the City, collection
of recyclable materials is permitted only between the hours of 6:00
a.m. and 6:00 p.m. Monday through Saturday, excluding New Year's Day,
Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and
Christmas Day.
A.
Each residential property within the City is to be served by a collector.
The owner of such property shall be responsible for payment to the
City of any related service charges.
(1)
Warren
City Council may, by resolution, appoint an agency or agencies for
the collection of current and/or delinquent recycling collection charges.
[Added 12-16-2019 by Ord. No. 1941]
B.
If a residential property is vacant, recycling charges and services
will be terminated if the owner provides the City with proof that
the residence is vacant and unoccupied and that the water service
has been terminated. Service and charges therefor shall resume upon
occupancy of the residence. A charge for resumption of service may
be established by resolution of City Council.
C.
In the event payments for service are not paid when due, the City
shall have the right to collect amounts due in any manner permitted
by law, including, but not limited to, seeking recovery action at
law, and filing a municipal lien or claim against the subject property.
In any collection proceeding, the City shall recover its costs and
reasonable legal fees to the fullest extent permitted by law.
D.
The owner of residential property, including dwelling units, is responsible
for the payment of recycling collection fees on a monthly or quarterly
basis as hereinafter determined. The due date on any recycling collection
fee shall be 21 days after the billing date as shown on a monthly
statement. The recycling collection fee shall be due and payable immediately
upon receipt of a statement and shall be paid not later than the due
date appearing on the statement. Any recycling collection fee not
paid on or before the second day after the due date on a statement
rendered shall become a lien upon the real estate upon which service
was provided. On any recycling collection fee charge remaining unpaid
two days after the due date, there shall be assessed a penalty of
1.5% per month (to be applied to all unpaid charges and penalties).
[Amended 8-19-2019 by Ord. No. 1934]
E.
In the event that sewer charges as defined in Chapter 380, Article II, as amended, are billed concurrently with recycling collection fees, and insufficient payment is made, monies so paid shall first be applied against any amounts outstanding for recycling collection fees, with the balance remaining, if any, to be applied to outstanding sewer charges. However, in the case of delinquent sewer and recycling fees, application of payments will be handled in accordance with the provisions of the Fair Debt Collection Practices Act.[1]
[1]
Editor's Note: See 15 U.S.C. § 1692 et seq.
F.
The City may refer to a collection agency any recycling collection
fee charges and penalties remaining unpaid 90 days after the initial
due date, and the customer shall be assessed for the cost and fees
of collection. In addition, the City may take such other legal actions
as may be appropriate to collect all sums due the City.
(1)
As
authorized by Act 1 of 1996 and Act 20 of 2003[2] enacted by the Pennsylvania Legislature, Warren City Council
may, by resolution, authorize and approve reasonable costs which may
be imposed upon the delinquent recycling collection ratepayer with
said reasonable costs to be collected and retained by the designated
delinquent fee collector.
[Added 12-16-2019 by Ord. No. 1941]
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
Any person who is not acting in compliance with the requirements
of this article as determined by the City Code Enforcement Officer
shall be given a written notice by hand delivery or by regular mail,
at his last known or readily ascertainable address, of the violation
and action required to avoid further enforcement proceedings. If corrective
action is not taken within 30 days of the date of the written notice,
the Code Office may institute proceedings in any court of law for
a penalty or such other legal relief as is permitted.
B.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 plus costs. Each day that a violation of this article continues
shall constitute a separate offense.
