[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas
Joel 4-28-1995 as L.L. No. 3-1995. Amendments
noted where applicable.]
A.
When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number include
the singular number and words used in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
B.
GARBAGE
LITTER
NEWSPAPER
PARK
PERSON
PUBLIC PLACE
REFUSE
RUBBISH
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
Any animal or vegetable refuse or waste matter capable of fermentation
or decay and, without limitation, normal, usual kitchen and household waste
primarily from perishable or disposable items such as leftover food matter;
food packaging and containers, including cans, bottles and magazines; dishes,
pots, pans, glass, bottles and crockery; and small household appliances.
Garbage, refuse, rubbish, newspaper, paper and/or all other waste
material.
A product printed on newsprint, including all newspapers, newspaper
advertisements and comics.
A public park, reservation, playground, recreation center or any
other public area in the village devoted to active or passive recreation.
Any natural person or any firm, partnership, association, corporation,
company or organization of any kind.
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, grounds, buildings and parking
lots.
All putrescible and nonputrescible solid wastes, including but not
limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and solid and industrial waste.
Nonputrescible solid wastes consisting of combustible and/or noncombustible
wastes and shall include but shall not be limited to paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery
and similar materials.
No person shall throw or deposit litter in or upon any property, either
public or private, except in conformity with this chapter.
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being carried
or deposited by the elements upon any street, sidewalk or other public place
or upon private property.
No person shall sweep into or deposit in or on any sidewalk, gutter,
street or other place within the village the accumulation of litter from any
building or lot or from any private sidewalk or driveway. Persons owning or
occupying property shall keep the sidewalk in front of their premises free
of litter.
No person, while a driver or passenger in a vehicle, shall throw, drop
or deposit litter upon any street or other public place or private property
within the village.
No person shall drive or move any truck or other vehicle within the
village unless such vehicle is so constructed or loaded so as to prevent any
load, contents or litter from being blown or deposited upon any public place.
No person shall throw or deposit litter in any park within the village,
except in public receptacles and in such a manner that the litter will be
prevented from being carried or deposited by the elements upon any part of
the park or upon any street or other public place. Where public receptacles
are not provided, such litter shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere as provided
herein.
No person shall throw or deposit litter in any pond, lake, river or
any other body of water in a park or elsewhere within the village.
A.
Litter on private property. No person shall throw or
deposit litter on any occupied or vacant private property within the village,
whether owned by such person or not, except that the person in control of
private property may maintain authorized private receptacles for collection
in such a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or upon any
private property.
B.
Owner responsibilities. The owner or person in control
of any private property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage of litter
in authorized private receptacles for collection.
All orders of the duly appointed enforcement officers shall be promptly
complied with by the person or persons to whom such order is directed.
A.
Enforcement officer; appearance tickets. The Code Enforcement
Officer, Building Inspector and/or any other person authorized by the Board
of Trustees are hereby designated as the officers charged with the enforcement
of this chapter and are hereby authorized to issue notices of violation and
appearance tickets to secure enforcement. Such appearance tickets shall be
in the form prescribed by the Village Board.
B.
Upon the determination that a violation exists in, on
or about any private building, premises or property or that any private building,
premises or property is the source of litter deposited on public property,
the enforcement officer shall serve an appearance ticket or a written notice
of violation which orders the remedying of the violation.
C.
A notice of violation shall state the nature of the violation
and the provision or term violated and shall set a date as may be reasonably
necessary for achieving compliance before proceedings to compel compliance
or assess penalties shall be instituted. Such notice shall be served personally
or by certified mail to the last known address of the property owner and/or
occupant. If service is by certified mail, then a copy of the notice of violation
shall be posted at the premises where the violation exists.
A.
Any person violating any provision of this chapter or
failing to comply with any lawful order of an enforcement officer shall, upon
conviction thereof, be guilty of a violation of this chapter.
B.
Any person convicted of a violation of this chapter shall,
for a first conviction thereof, be punished by a fine of not more than $50
or by imprisonment for not more than 15 days, or both; for a second such conviction
within six months thereafter, such person shall be punished by a fine of not
more than $100 or by imprisonment for not more than 15 days, or both; for
a third or subsequent conviction within six months after the first conviction,
such person shall be punished by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both, for each such conviction.
C.
In addition to the above, any person who violates this
chapter shall, for a first violation, be liable to the village for a civil
penalty of not more than $50; for a second such violation within six months
thereafter, such person shall be liable for a civil penalty of not more than
$100; for a third or subsequent violation within six months after the first
violation, such person shall be liable for a civil penalty of not more than
$250 for each such violation. Said civil penalties shall be recoverable in
an administrative proceeding held by and before the Board of Trustees pursuant
to the following procedure:
(1)
Whenever a violation has not been remedied within the
time specified in the notice of violation, an enforcement officer may issue
an order to show cause before the Board of Trustees why such penalties should
not be imposed.
(2)
Service of order to show cause.
(a)
Such order to show cause shall be served personally or
by mailing a copy of such order by certified mail to the property owner and
occupant to their last known addresses as shown by records of the village
and by posting a copy of such order on said premises.
(b)
A copy of said order may be filed in the County Clerk's
office, which order shall be filed in the same manner as a notice of pendency
pursuant to Article 65 of the Civil Practice Law and Rules and shall have
the same effect as a notice of pendency as therein provided. An order so filed
shall be effective for a period of one year from the date of filing. It may
be terminated upon an order of a judge or justice of a court of record or
upon the written consent of the Attorney for the village. The County Clerk
shall mark the order to show cause and any record or docket thereof as canceled
of record upon the presentation and filing of a certified copy of such judicial
order of such consent.
(3)
Content of order. Said order to show cause shall state
the nature of the violation; the provision or term violated; and the date,
time and place for a hearing before the Board of Trustees. The hearing shall
be set for a date not less than seven days after the date the order to show
cause is mailed.
(4)
Conduct of hearing.
(a)
The Board of Trustees shall conduct a hearing at the
date, time and place specified in the order to show cause. The hearing may
be adjourned from time to time and shall continue until interested persons
subject to the order to show cause are heard. No formal rules of evidence
shall apply nor shall a stenographic transcript be required.
(b)
The property owner, occupant and any others subject to
the order to show cause may be represented by an attorney and shall have the
right to present evidence and examine witnesses to show why penalties should
not be assessed and/or why an order to remove an emergency condition should
be modified or withdrawn.
(c)
After the hearing is closed, the Board of Trustees shall
make findings and make a determination. Such determination shall indicate
the basis and reason for the decision, shall state the dollar amount of any
fine(s) imposed and shall be supported by substantial evidence.
(d)
Any fines imposed, plus, if any fine is imposed, the
costs to the village of the proceeding, including but not limited to attorneys'
fees and administrative costs, shall be immediately due and payable. Administrative
costs shall be determined from time to time by resolution of the Board of
Trustees.
(e)
The determination of the Board of Trustees may be reviewed
in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules,
provided that such proceeding is commenced within 30 days of such determination.
Judicial review shall not stay any stop-work order or stay payment of any
fine and costs imposed.
(5)
Assessment of fines and costs. All fines and all costs
incurred by the village in connection with the administrative proceeding,
if unpaid, shall be a lien on the real property and shall be assessed against
such property, together with 9% interest per annum, and shall be levied and
collected in the same manner as real property taxes.
D.
Correction of violation by village. Compliance with this
chapter is required in the interest of the public health, safety and welfare.
Notwithstanding any other provision herein, if a property owner fails to correct
a violation after notice of the same, the village and its agents shall have
the right to enter upon the property and perform the work necessary to correct
the violation. The property owner shall be responsible and liable for all
costs incurred by the village in connection therewith. If not paid, said costs
shall be a lien on the real property and shall be assessed against such property,
together with 9% interest per annum, and shall be levied and collected in
the same manner as real property taxes.
