Ordinance 12: Trash Collection


Revision # 4: An Act to Amend the Code of Ordinances of the Town of Townsend Concerning Solid Waste
Introduced by: John Ness November 17, 2010

Be it Enacted by the Town Council of Town of Townsend (a majority of the
members elected thereto concurring therein):

Section 1. Amend Chapter 46 of the Code of Ordinances, Town of Townsend, Delaware by adding a new sentence to appear at the end of Section 46-26 (c) to read as follows:
“Notwithstanding the above, no account shall be assessed late fee penalties in excess of $120.00 per calendar year beginning January 5, 2011. No annual cap shall apply for late fees imposed through December 31, 2010”.

Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of this Act, or the application of the provision to others persons or circumstances shall
remain unaffected.

Section 4. This Act shall become effective on January 5, 2011.

This Act imposes an annual cap on trash collection late fees of $120.00 ($10.00 per month) per calendar year
beginning January 5, 2011.

First & Second Reading – Revision #4: December 1, 2010
Third & Final Reading – Revision #4: January 5, 2011
Passed By Council – Revision #4: January 5, 2011

Revision #3
Beginning with the second quarter of calendar year 2000 (April, May and June 2000), the bills for which will be mailed in July 2000, trash collection will be mandatory for all property owners within the Town of Townsend, Delaware. Trash bills for each address within the Town of Townsend will be mailed to and become the responsibility of the property owner. Property owners may decide to recoup these funds from renters or persons who reside at said properties. Property owners who are billed for trash collection and who do not pay said bills by the designated due date will be charged a penalty of 10%, as is currently being done. This 10% penalty will be charged cumulatively each month thereafter on the trash bill if it is not paid. Property owners who have delinquent trash bills in excess of 90 days will be referred to the appropriate agency for collection.

Trash must be placed at the curb no earlier than 24 hours prior to scheduled trash pick-up. All trash containers must be removed from the sidewalk area no later than 24 hours after trash pick-up. Trash containers and/or bags should be placed at the edge of the property so as not to block the sidewalk. Commercial and retail establishments and apartments may use the trash company of their choice, (preferably whoever has the Town contract) that best suits their needs. The business owner must supply the Town a letter stating what trash company they have arrangements with, and will pay their trash bill directly to the company they use rather than the Town.

Dumpsters will not be permitted at properties that are zoned residential. It shall be unlawful for any person to bring into the Town of Townsend and deposit therein any quantity of trash, garbage, or refuse, except if such person has previously made arrangements with the Town of Townsend that as a resident of the Town such trash, garbage, or refuse is being deposited at the place normally designated for that resident’s trash to be collected. Any resident of the Town whom knowingly cooperates with a non-resident by allowing any collection of trash, garbage, or refuse to be deposited at the resident’s previously arranged collection point, shall also be in violation of this Ordinance. A violation of this Ordinance shall be classified as a violation, with the first offense subjecting the person to a fine of two hundred dollars ($200.00).

First Reading: February 2, 2000
Passed by Town Council: May 3, 2000
Signed by Town Council President: R. Charles Murray
Effective: July 1, 2004 the 10% monthly penalty will be charged.
First Reading – Revision: April 7, 2004
Passed By Council – Revision: May 5, 2004
Signed by Town Council President: R. Charles Murray

Synopsis: Revision # 2 to Ordinance 12 is being placed before Town Council for clarification of penalty calculation. This revisionclarifies that penalties will be compounded monthly on the current balance rather than the original delinquent amount.

First Reading – Revision #2: April 4, 2007
Second & Final Reading – Revision #2: May 2, 2007
Passed By Council – Revision #2: May 2, 2007
Signed by Town Mayor: David B. Raughley

Synopsis:Revision #3 to Ordinance 12 is being placed before Town Council for clarification of commercial and retail establishments and apartment’s trash pickup and billing.

First & Second Reading – Revision # 3: March 5, 2008
Third & Final Reading – Revision # 3: April 2, 2008
Passed By Council – Revision #3: April 2, 2008
Signed by Town Mayor: David B. Raughley

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