Title 5. Other Services

Article 931
REFUSE STORAGE, COLLECTION AND DISPOSAL

Sections:

931.01    Definitions.

931.02    Collection by city – Exceptions for producers or outside collectors.

931.03    Supervision by development manager – Appeals.

931.04    Collection practices, container requirements and use.

931.05    Collection practices – Limitations.

931.06    Repealed.

931.07    Notice of noncompliance – Failure to comply.

931.09    Fees.

931.10    Delinquent accounts.

931.11    Collection and liens.

931.99    Violation and penalty.

931.01 Definitions.

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

(A) “Ashes” means the residue from the burning of wood, coal, coke or other combustible materials.

(B) “City” means the City of Meadville, Pennsylvania.

(C) “City contractor” means the person holding the refuse collection and disposal contract with the city.

(D) “Demolition waste” means the waste materials generated by the construction, alteration or demolition of buildings or structures and shall include, but is not limited to lumber, masonry, plaster, concrete, asphalt, shingles, siding, glass, fixtures, piping, wiring and similar materials. It shall not include items designated as “hazardous materials.”

(E) “Development manager” means the development manager of the City of Meadville.

(F) “Hazardous materials” means any materials that are now or in the future designated as hazardous by any state or federal agency having jurisdiction.

(G) “Health officer” means the health officer of the City of Meadville.

(H) “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.

(I) “Outside collector” means any collector of refuse other than an agent or contractor hired by the city.

(J) “Pathological waste” means any materials that are now or in the future designated as pathological waste by any state or federal agency having jurisdiction.

(K) “Person” means any person, firm, partnership, association, corporation, company, organization or entity of any kind.

(L) “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, and includes but is not limited to garbage, rubbish, ashes, dead animals, abandoned automobiles, and solid market and industrial and mercantile wastes.

(M) “Residential dwelling unit” means one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living, sanitation and sleeping facilities.

(N) “Rubbish” means nonputrescible solid wastes, except ashes, and consists of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, leaves, yard clippings, wood, glass, bedding, crockery and similar materials.

(O) “Solid waste” means ashes, garbage, refuse and rubbish as heretofore defined. (Ord. 3645 § 1, 2007; Ord. 3604 § 1, 2004; Ord. 2893 § 1, 1975; Ord. 2551 § 2, 1962)

931.02 Collection by city – Exceptions for producers or outside collectors.

(A) All solid wastes accumulated within the city as a result of residential usage of real estate and improvements thereon located within the corporate boundaries of the city shall be collected, conveyed and disposed of by the city or the city contractor. No other person shall collect, convey over any of the streets or alleys of the city, or dispose of any solid wastes accumulated in the city; provided, that:

(1) Exception for Actual Producers. This article shall not prohibit the actual producers of solid wastes or the owners of premises upon which solid wastes have accumulated, from personally collecting, conveying and disposing of such solid wastes, provided such producers or owners comply with the provisions of this article and with any other governing laws, ordinances or regulations.

(2) Exception for Outside Collectors. This article shall not prohibit outside collectors of solid wastes from outside of the city from hauling such refuse over city streets, provided such collectors comply with the provisions of this article and with any other governing laws, ordinances or regulations.

(3) Exception for Materials Not Collected by the City. This article shall not prohibit producers of solid wastes from contracting with private haulers to collect materials which are not collected under the city contract.

(4) Exception for Excess Materials. This article shall not prohibit producers or owners of real estate from contracting with private haulers for the collection of any refuse which is in excess of the quantity permitted under the city contract.

(5) Exception for Multifamily (Four or More Units) and Mixed Use Residential Property. The development manager may permit an owner of residential property containing multiple residential dwelling units, or residential property which also contains commercial or industrial tenants, to contract with a private hauler to collect all the refuse from the complex or building.

(B) All solid wastes accumulated within the city as a result of commercial, mercantile or industrial usage of real estate and improvements thereupon located within the corporate boundaries of the city shall be collected, conveyed and disposed of by the owner of either the real estate upon which said waste was generated or by the owner of the real estate upon which said solid waste was accumulated, by collectors or haulers of such owner’s choice.

(C) Persons responsible for the collection and disposal of solid waste from commercial or industrial property may contract with the city for collection and disposal of such solid wastes from the commercial or industrial property, provided:

(1) The waste is comparable in quantity and quality to that of a residential dwelling unit;

(2) The required collection is compatible with the city’s collection schedule;

(3) The city’s standard collection and disposal fee is paid. (Ord. 3645 § 1, 2007; Ord. 3604 § 2, 2004; Ord. 2893 § 1, 1975)

931.03 Supervision by development manager – Appeals.

(A) Supervision. The development manager of the City of Meadville shall supervise the collection and disposal of solid wastes accumulated within the corporate boundaries of the city. The development manager shall promulgate regulations governing the frequency of collection, the maximum quantity to be collected from each premises, the schedule for collection throughout the city and all other matters pertaining to the collection, conveyance and disposal of solid wastes. The development manager shall at all times ensure that regulations issued pursuant to this article conform to the terms of the solid waste collection and disposal agreements approved from time to time by city council.

(B) Appeals. Any person aggrieved by a regulation promulgated by the development manager or by any other action taken by said development manager pursuant to this article shall, upon written request filed in the development manager’s office, be granted a hearing before the city manager. The city manager is authorized to confirm, modify or revoke any fee assessed, regulation promulgated or action taken by the development manager pursuant to this article. (Ord. 3645 § 1, 2007; Ord. 2893 § 1, 1975)

931.04 Collection practices, container requirements and use.

(A) Refuse Containers. Refuse containers, including disposable plastic garbage bags, shall be watertight and shall have a capacity of not more than 36 gallons. Nondisposable refuse containers shall be kept in a clean, sanitary and neat condition at all times.

(B) Storing of Refuse.

(1) Public Places. No person shall place any refuse in any street, alley or other public place or upon any private property whether owned by such person or not within the city, except in refuse containers or under express approval granted by the development manager or the health officer. No person shall throw or deposit any refuse in any stream or other body of water.

(2) Unauthorized Accumulation. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.

(3) Scattering of Refuse. No person shall cast, place, sweep or deposit anywhere within the city any refuse in such a manner that it may be carried or deposited by the elements, animals or other persons, upon any street, sidewalk, alley, sewer, parkway, street or other public place, or into any occupied premises within the city.

(C) Points of Collection. Refuse containers shall be placed for collection outside in one location and at ground level. However, for commercial or industrial property, containers may be placed for collection inside a building and at other than at ground level, providing the location meets the requirements of applicable building or fire codes.

(D) Time of Placement for Collection.

(1) Placement at the Curb for Collection. Refuse containers and solid waste may not be placed at the curb for collection before 5:00 p.m. (prevailing time) on the day before the scheduled collection, and empty containers must be removed within 24 hours after the collection. (Ord. 3645 § 1, 2007; Ord. 3604 § 3, 2004; Ord. 3285, 1991; Ord. 2551 § 5, 1962)

931.05 Collection practices – Limitations.

(A) Special Refuse Problems. Pathological waste, explosive wastes, flammable wastes, and hazardous wastes shall be handled in accordance with the regulations of the state and/or federal agency having jurisdiction.

(B) Collection by Actual Producers and Outside Collectors. Collection by actual producers and outside collectors within the City of Meadville shall be done in compliance with the laws of the commonwealth of Pennsylvania and the United States of America and the regulations of the state and/or federal agency having jurisdiction. (Ord. 3604 § 4, 2004; Ord. 3176 § 8, 1988; Ord. 2893 § 1, 1975; Ord. 2552 § 6, 1962)

931.06 Hours and days of hauling or collecting refuse.

Repealed by Ord. 3604. (Ord. 2551 § 7, 1962)

931.07 Notice of noncompliance – Failure to comply.

Notice of noncompliance with provisions of this article shall be given in writing to the owner, lessee or person in charge of the property where refuse has collected at the direction of the development manager or the health officer of the City of Meadville if a health nuisance or hazard exists. Such notice shall specify the matter in noncompliance and shall specify the time within which the noncompliance shall be corrected. Failure to comply within the time specified in such notice shall be a violation of this article. The development manager or the health officer in the applicable case shall have the right to file the necessary proceedings before a district justice under MMC 931.99. (Ord. 3645 § 1, 2007; Ord. 2850 § 1, 1974)

931.09 Fees.

A solid waste collection and disposal fee for each residential dwelling unit shall be collected from the owner of each parcel of real estate within the city upon which one or more residential dwelling units are located. The development manager shall determine the number of residential dwelling units existing upon each such parcel. Said fee shall be payable quarterly, and paid to and collected by the city treasurer. Effective July 1, 2007, said fee shall be assessed at the following rates:

(A) An annual rate of $214.00 per residential dwelling unit for customers with fewer than 175 billable units billed on one bill; and

(B) An annual rate of $202.00 per residential dwelling unit for customers with 175 or more billable units all billed on one bill.

Effective for the city fiscal year beginning January 1, 2008, and for all years thereafter, the city council shall establish the annual residential dwelling unit solid waste collection and disposal fee for the following year as part of the general fund budget ordinance. (Ord. 3645 § 2, 2007; Ord. 3604 § 6, 2004; Ord. 3552 § 1, 1999; Ord. 3451 § 1, 1996; Ord. 3373 § 1, 1994; Ord. 3359 § 1, 1993; Ord. 3266 § 1, 1991)

931.10 Delinquent accounts.

Effective November 12, 1996, accounts shall be considered delinquent if not paid on or before the due date shown on each billing. Premises serviced by accounts with bills which are delinquent 60 days or more are subject to termination of services (shut-off). The city treasurer shall certify a list of such accounts to the development manager. The development manager shall forthwith send notice by certified mail to the last known address of the owner of real estate involved that solid waste collection services to the premises are subject to termination. Unless the entire balance due and owing together with a service charge of $4.00 for each month or part of month by which such payment is late is paid within seven days of the mailing of the notice, service may be terminated. Service shall be resumed after any termination only upon repayment of the bill and all accumulated service charges plus an additional service resumption fee of $15.00. (Ord. 3645 § 1, 2007; Ord. 3447 § 1, 1996; Ord. 3373 § 2, 1994; Ord. 2893 § 1, 1975)

931.11 Collection and liens.

The termination of service hereinafter authorized shall be in addition to the city’s right to enforce collection of unpaid charges and service charges as provided by law for the collection of municipal claims including the right to impose a municipal lien therefor. (Ord. 2893 § 1, 1975)

 

931.99 Violation and penalty.

Violations of this article shall be a summary offense and prosecution shall be commenced by filing of information with any alderman or magistrate of the city and prosecuted as other summary offenses as provided by law. Any person convicted violating any of the provisions or requirements of this article shall be fined not more than $300.00 for each offense and the costs of prosecution, and in default of the payment thereof shall be imprisoned for not more than 60 days. (Ord. 2893 § 1, 1975)