[HISTORY: Adopted by the City Council of
the City of Canandaigua 5-27-1993 by Ord. No. 93-11 (Ch. 8.12 of the 1997
Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any and all refuse or residue generated by building construction,
reconstruction, repair, demolition, grading, landscaping or other
incidental work in connection with the construction, reconstruction,
repair, demolition, grading or landscaping of any premises or for
replacement of building equipment or appliances.[1]
The City of Canandaigua, New York.
[Added 12-1-2022 by Ord. No. 2022-005]
An approved plastic container designated for garbage and rubbish
and issued by the City of Canandaigua. Containers shall be capable
of being lifted by mechanical means by City vehicles. Containers shall
meet the following specifications:
Structure: Containers must be capable of being lifted by mechanical
means with City equipment. Specifically, containers must have a steel
or metal bar that allows the container to be securely lifted and deposited.
The term "City-issued container" throughout this chapter shall
be inclusive of both City-issued garage container and City-issued
recyclable container.
[Added 12-1-2022 by Ord. No. 2022-005]
An approved plastic container designated for recycling and issued
by the City of Canandaigua. Containers shall be capable of being lifted
by mechanical means by City vehicles. Containers shall meet the following
specifications:
Identification: Containers must be clearly marked on the outside
of the container with the property address and the recycle symbol
or the word "recycle."
Structure: Containers must be capable of being lifted by mechanical
means with City equipment. Specifically, containers must have a steel
or metal bar that allows the container to be securely lifted and deposited.
The term "City-issued container" throughout this chapter shall
be inclusive of both City-issued garage container and City-issued
recyclable container.
Garbage, rubbish, garden and yard waste and recyclables generated
by or resulting from operations of commercial establishments, hotels,
restaurants, cafeterias and nonpublic institutions.
A building or complex of buildings containing a number of
individually owned residential units, not attached to any commercial
property, whereby each unit owner has legal title to the unit and
an undivided interest in shared or common spaces on the property which
received approval from the State of New York prior to January 1, 2023.
[Added 5-4-2023 by Ord. No. 2023-003]
The Department of Public Works of the City of Canandaigua,
New York.
The Director of the Department of Public Works of the City
of Canandaigua, New York.
A watertight metal container specifically approved by the
Director of Public Works, no larger than nine cubic yards. Dumpsters
are to be inspected and permitted annually.
[Amended 5-4-2023 by Ord. No. 2023-003]
Kitchen and house refuse, table cleanings, fruit and vegetable
parings and animal waste.
Grass clippings, leaves, twigs, branches up to four inches
in diameter, and up to five feet in length, weeds, brush, and shrubbery
clippings and other refuse or residue generated by or resulting directly
from lawn or garden maintenance.
A watertight, galvanized or nonrusting metal or plastic container
of substantial construction that resists cracking from cold that is
equipped with a tight-fitting cover and handles of substantial construction
or other container specifically approved by the Director of Public
Works. The total capacity of such can or receptacle shall not exceed
39 gallons and the total weight when filled shall not exceed 45 pounds,
unless the can or receptacle is capable of being lifted by mechanical
means by City vehicles, specifically, the can or receptacle must have
a steel or metal bar that allows the container to be securely lifted
and deposited.
[Added 12-1-2022 by Ord. No. 2022-005]
Any hazardous waste as defined under the Resource Conservation
and Recovery Act, 42 U.S.C. § 9601 et seq., or "hazardous
waste" as defined under the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.,
or "hazardous substance" as defined under New York Environmental Conservation
Law § 27-0901 et seq., as each such law may be amended from
time to time, and the regulations promulgated thereunder, and any
analogous or succeeding federal, state or local law, rule or regulation
and any regulations promulgated thereunder and other material which
any governmental agency or unit having appropriate jurisdiction shall
determine from time to time cannot be processed at a recycling facility
because it is harmful, toxic or dangerous.
Any and all refuse or residue generated by industrial and
manufacturing operations.
Any person duly licensed, as hereinafter set forth, to collect
and dispose of garbage, rubbish, garden and yard waste, and recyclables
within the City, and whose license has not expired and has not been
revoked or suspended.
For the purposes of this chapter, a property/premises that
includes both commercial and residential uses.
[Added 2-4-2010 by Ord. No. 2010-003]
For the purposes of this chapter, a property/premises, other
than a condominium, occupied as the residence or home of more than
four families living independently of each other.
[Amended 2-4-2010 by Ord. No. 2010-003; 5-4-2023 by Ord. No. 2023-003]
Includes any individual or individuals, partnership, association,
corporation or firm.
Transparent plastic film (bags) with a minimum film thickness
of 1.2 mils of adequate size for its contents of garbage or rubbish
as specifically approved by the Director of Public Works.[2]
Such items of recyclable or reusable paper, glass, metal,
plastic, and such other recyclable or reusable components of solid
waste as may be designated by the Director of Public Works or by the
Ontario County Director of the Department of Solid Waste Management
at least 30 days prior to the effective date of said designation,
and published once in the official newspaper of the City, and further
provided that such material is not hazardous household waste as defined
herein and can be reasonably separated from the solid waste stream
and held for material recycling for reuse value.
An open topped metal container, specifically approved by
the Director of Public Works, no larger than 40 cubic yards. Roll-off
containers are to be inspected and permitted annually.
[Amended 4-5-2001 by Ord. No. 2001-003]
A dwelling occupied by more than two individuals living as
separate households. Rooming houses include, but are not limited to,
residential facilities licensed by the Veterans Administration Medical
Center.
[Added 2-4-2010 by Ord. No. 2010-003]
All nonrecyclable containers and paper products, rags, sweepings,
small pieces of wood, excelsior, rubber, leather and similar waste
materials that ordinarily accumulate around a home. Ashes shall be
specifically excluded from this definition. Recyclables as defined
herein shall be specifically excluded from this definition. Any item
which cannot be enclosed within a can or receptacle as herein defined
shall also be excluded from this definition.
Needles, syringes and lancets.
[Added 3-1-2012 by Ord.
No. 2012-001]
For the purposes of this chapter, a property/premises occupied
as the residence or home of one family only, including townhouses
and townhomes.
[Added 8-12-1993 by Ord. No. 93-14;
amended 2-4-2010 by Ord. No. 2010-003; 5-4-2023 by Ord. No. 2023-003]
All putrescible organic matter resulting from the processing
and/or packing of products not consumed on the premises.
For the purposes of this chapter, a property/premises occupied
as the residence or home of more than one, but not more than four
families living independently of each other.
[Amended 2-4-2010 by Ord. No. 2010-003]
[1]
Editor's Note: The former definition of "blue box," which
immediately preceded this definition, was repealed 12-1-2022 by Ord.
No. 2022-005.
The former definition of "can or receptacle," which immediately
followed this definition, was repealed 12-1-2022 by Ord. No. 2022-005.
[2]
Editor's Note: The former definition of "recyclable receptacle,"
which immediately followed this definition, was repealed 12-1-2022
by Ord. No. 2022-005.
[Amended 8-12-1993 by Ord. No. 93-13; 4-5-2001 by Ord. No.
2001-003]
A.Â
Garbage generated by or originating in a single-family,
two- to four-family dwelling, or condominium shall be drained of surplus
water and shall be placed in a transparent plastic bag in such a manner
as to prevent leakage. Animal waste shall be double bagged, tightly
sealed and not exceeding 20 pounds.
[Amended 12-1-2022 by Ord. No. 2022-005; 5-4-2023 by Ord. No. 2023-003]
B.Â
Rubbish shall be placed in a transparent plastic bag
and such bag may be deposited in a City-issued garbage container and
only such rubbish shall be placed for collection as can be deposited
within such plastic bag(s) and within such City-issued garbage container
and the cover thereon closed.
[Amended 12-1-2022 by Ord. No. 2022-005]
C.Â
Recyclables shall be deposited in a City-supplied recyclable receptacle. For condominiums, recyclables may be deposited in a dumpster, provided that said dumpster is approved, located and screened in accordance with § 585-7, and compatible with Department collection equipment and in accordance with all other sections of this chapter. All recyclables shall be physically separated from other cans or receptacles when placed for collection. The Director of Public Works may from time to time issue rules and regulations for the preparation and collection of recyclables. Proper instructions with regard to recyclables shall be provided periodically to every residence. In the event of a change in the rules and regulations governing the preparation or collection of recyclables, new instructions shall be provided a minimum of 30 days prior to any enforcement action.
[Amended 4-7-2011 by Ord.
No. 2011-002; 12-1-2022 by Ord. No. 2022-005; 5-4-2023 by Ord. No. 2023-003]
D.Â
Garden and yard waste shall be placed in a can or
receptacle as herein defined. Garden and yard waste may be placed
in biodegradable lawn bags, as approved by the Director of Public
Works. Tree limbs shall be tied in bundles which shall not exceed
five feet in length and 45 pounds in weight with cut ends placed together.
[Amended 4-7-2011 by Ord.
No. 2011-002]
E.Â
[1]All City-issued garbage and recycling containers and garden
and yard waste cans, receptacles, and bundled tree limbs shall be
placed at curbside or, in the event that there is no curb, within
10 feet of the edge of pavement for the purpose of collection.
[Amended 4-7-2011 by Ord.
No. 2011-002]
F.Â
All bags shall be properly tied or sealed to prevent
attraction by rodents, animals, maggots, flies, or other health hazards.
Leaking bags or bags frozen to containers or receptacles, and improperly
bagged or stored garbage which attracts rodents, animals, maggots,
excessive flies, or creates similar health hazards, will not be collected
by the Department.
G.Â
Fall leaf collection: no later than October 10 of
any year, the Department of Public Works will advertise its collection
procedures, including schedules for the collection of loose leaves
that are placed in the City right-of-way. Placement of leaves in the
street right-of-way after the scheduled collection will constitute
a violation of this chapter.
H.Â
No sharps
may be placed in any bag, can or other container for collection.
[Added 3-1-2012 by Ord.
No. 2012-001]
I.Â
A condominium
is responsible for securing its dumpster and ensuring that it is used
only for household garbage and recycling. The City reserves the right
to refuse pickup of garbage or recyclables from dumpsters if it determines
that such dumpsters contain nonhousehold garbage or recyclables.
[Added 5-4-2023 by Ord. No. 2023-003]
[Amended 4-5-2001 by Ord. No. 2001-003; 3-21-2002 by Ord. No. 2002-002; 1-20-2005 by Ord. No. 2005-001; 4-7-2011 by Ord. No. 2011-002; 12-1-2022 by Ord. No. 2022-005]
A.Â
All City-issued garbage, City-issued recycling containers,
and any approved dumpsters utilized by condominiums shall be maintained
in a good, clean and sanitary condition by the owner or user thereof
and shall not be permitted to have any ragged or sharp edges or other
defects to hinder or harm the person(s) handling the contents thereof.
Should the container deteriorate to such an extent that the same becomes
dangerous or liable to injure or hinder the person collecting the
contents thereof or if it should leak, then the user must notify the
Department of Public Works of a deteriorated City-issued container.
The Department of Public Works will issue a replacement City-issued
garbage or City-issued recycling container. A condominium with a deteriorated
dumpster shall replace or repair the dumpster at their own expense.
[Amended 5-4-2023 by Ord. No. 2023-003]
B.Â
All garden
and yard waste cans and receptacles shall be maintained in a good,
clean and sanitary condition by the owner or user thereof and shall
not be permitted to have any ragged or sharp edges or other defects
to hinder or harm the person(s) handling the contents thereof. Should
the container deteriorate to such an extent that the same becomes
dangerous or liable to injure or hinder the person collecting the
contents thereof or if it should leak, then it must be replaced by
a proper container within one week of receipt of written notification
from the Department of Public Works. The cost of such replacement
container shall be the responsibility of the container owner.
C.Â
It shall be the duty of each person whose garbage,
rubbish, yard waste or recyclables is being disposed of as provided
herein to furnish or request a sufficient number of City-issued garbage
containers, City-issued recycling containers and garden and yard waste
cans or receptacles to hold all garbage, rubbish, yard waste and recyclables
accumulated between periods of collection and to keep all cans or
receptacles covered at all times with proper tight-fitting metal or
plastic covers. No City-issued container, cans, or receptacles shall
be placed in the front yard of any residential premises unless such
are located on the premises in such a manner as to be hidden from
public view, or are screened from public view by landscaping or fencing.
For the purposes of this section, "front yard" shall mean the open
space between the residence and any adjacent street and "public view"
shall mean view at ground level from an adjacent street. Exceptions
may be granted at the discretion of the Director of Public Works when
there is no alternate location for such receptacles and no feasible
means of concealing such receptacles from public view. The justification
for such exceptions shall be documented in writing.
D.Â
It shall be unlawful for anyone other than the owner,
tenant or occupant of any premises from which garbage, rubbish, garden
and yard waste, or recyclables are collected, or the authorized employees
or agents of the Department, or a duly licensed collector to disturb
any City-issued container, garden and yard waste can or receptacle
or to remove the cover or any of the contents thereof when placed
for collection.
[Amended 5-4-2023 by Ord. No. 2023-003]
E.Â
It shall be unlawful for anyone to strew or scatter
the contents of any City-issued container, dumpster, garden and yard
waste can or receptacle containing garbage, rubbish, yard waste or
recyclables upon any lawn, sidewalk, street, alley, lane, park, parkway,
playground, parking lot, empty lot, or upon the waters of Canandaigua
Lake, or of any creek, slip, basin or any other place in the City
of Canandaigua, New York.
[Amended 5-4-2023 by Ord. No. 2023-003]
F.Â
It shall be unlawful for any owner, tenant, or occupant
of any premises within the City of Canandaigua, after due notice from
the Department, to permit or allow garbage, rubbish or recyclables
to accumulate or be stored or remain along or around City-issued container,
dumpster, garden and yard waste cans or receptacles.
[Amended 5-4-2023 by Ord. No. 2023-003]
G.Â
It shall be unlawful for any owner, tenant, or occupant
of any premises within the City of Canandaigua to place for disposal
any garbage, rubbish, garden and yard waste, and recyclables not generated
within the boundaries of the City of Canandaigua.
H.Â
No person shall allow, place, keep or permit any garbage,
rubbish, building waste, garden and yard waste or debris on any lot,
private or public street, highway, alley, lane, square, or park within
the limits of the City, except as provided in this chapter.
I.Â
No person
shall remove a City-issued container from the property to which it
was issued.
[Added 12-1-2022 by Ord. No. 2022-005[1]]
It shall be lawful for any owner, tenant or occupant of any
premises within the City of Canandaigua to compost garden and yard
waste. The following conditions shall apply:
A.Â
The site of the compost pile, bin, or container shall
be located in the side or rear yard and visually screened with fencing
or landscaping.
B.Â
The material to be composted must be generated on
site and no importation of material will be allowed.
C.Â
The square foot area occupied by the compost site
shall not exceed 2% of the lot area of the property on which it is
located.
D.Â
Complaints of obnoxious odors and/or rodents being
attracted to the site must be addressed within 48 hours, including
the removal of the compost material.
E.Â
Compost sites may not include any of the following
materials:
(1)Â
Fatty or high-protein food wastes, including meat
or fish, bones, dairy products, and vegetable oils.
(2)Â
Dog or cat manures.
(3)Â
Undecomposed manure from any animal, except animals legally maintained on the premises in accordance with Chapter 253, Animals, Article I, Keeping of Animals, of the Code of the City of Canandaigua. Any fresh manure added to the compost must immediately be covered with dry material such as soil, straw, sawdust, wood shavings or finished compost. Any compost containing such animal manure must be located a minimum of 20 feet from any property line.
[Amended 8-3-2000 by Ord. No. 2000-009; 4-5-2001 by Ord. No. 2001-003]
A.Â
The Department shall collect and dispose of garbage,
rubbish, garden and yard waste, and recyclables generated within the
boundaries of the City of Canandaigua as hereinbefore defined and
as further limited by this chapter. The removal of such recyclables
shall be made at least once per month, the removal of such garbage
and rubbish at least once per week, and the removal of garden and
yard waste shall be made at least once per month, excepting when prevented
by adverse weather conditions or declared emergency, and shall be
made at such time or times that the Department may determine. Such
removal and disposal shall be under the direction of the Department
and said Department is hereby authorized and empowered to make and
publish rules and regulations concerning the days of collection of
garbage, rubbish, garden and yard waste, and recyclables and any and
all rules and regulations pertaining to the collection and disposal
of garbage, rubbish, garden and yard waste and recyclables as it may
deem advisable, provided that such rules and regulations are not contrary
to this chapter or any existing ordinance. The City of Canandaigua
shall not be liable for the loss or damage of or to any garden or
yard waste cans or receptacles. The City will replace lost or damaged
City-issued containers but reserves the right to charge for replacement
if there is evidence that the containers were not maintained or a
pattern of damage occurs.
[Amended 4-7-2011 by Ord.
No. 2011-002; 12-1-2022 by Ord. No. 2022-005]
B.Â
The collection of garbage, rubbish, garden and yard
waste and recyclables by the Department shall be limited to garbage,
rubbish, garden and yard waste and recyclables of single-family dwellings,
two- to four-family dwellings, and condominiums as defined in this
chapter. The Department shall not collect garbage, rubbish, garden
and yard waste and recyclables from multiple dwellings, or mixed-use
properties with a primary commercial use. Collections shall not include
commercial waste, industrial waste, trade waste, hazardous household
waste, or building waste.
[Amended 2-4-2010 by Ord. No. 2010-003; 3-4-2010 by Ord. No. 2010-004; 11-18-2010 by Ord. No. 2010-014; 4-7-2011 by Ord. No. 2011-002; 12-1-2022 by Ord. No. 2022-005; 5-4-2023 by Ord. No. 2023-003]
(1)Â
Under this chapter, the Department shall collect garbage,
rubbish, garden and yard waste, and recyclables from premises occupied
by organizations exhibiting to the Department a 501(c)(3) certificate
from the Internal Revenue Service of the US Treasury Department and
from churches, which pay to the City all refuse collection fees pursuant
to this chapter.
C.Â
No City-issued container, garden and yard waste can
or receptacle containing garbage, rubbish, garden and yard waste,
or recyclables shall be placed at curb side any earlier than 6:00
p.m. in the evening of the day prior to scheduled collection. All
such cans and receptacles shall be available for collection no later
than 6:00 a.m. on the scheduled collection day and shall be removed
within 24 hours of collection.
[Amended 12-1-2022 by Ord. No. 2022-005]
D.Â
Where garbage, rubbish, garden and yard waste and
recyclables are stored in excess of 200 feet from a public roadway,
collection vehicles may utilize private driveways and private streets
to assist in collection; provided, however, that no claim or action
may be taken against the City of Canandaigua for damages alleged to
have occurred on any such driveway or street by reason of the operation
of collection vehicles upon the premises and provided further that
the Director of the Department of Public Works may require a permit
and waiver of claims from any property owner storing garbage, rubbish,
garden and yard waste and recyclables in excess 200 feet from a public
roadway.
E.Â
Exemption from curbside collection of garbage, rubbish
and recyclables is allowed for any household in which all residents
meet (not including individuals under 12 years of age) the definition
of being a qualified individual with a disability as defined in the
Americans With Disabilities Act.[1] Exemptions are renewable every two years (anniversary
date). Applications for exemption from curbside collection of garbage,
rubbish and recyclables are obtainable from the Department of Public
Works and shall be forwarded, upon completion by the applicant's physician,
to the ADA Coordinator.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[Amended 4-5-2001 by Ord. No. 2001-003]
A.Â
No person, firm, association or corporation shall
engage in the collection and disposal of garbage, rubbish, garden
and yard waste, recyclables or building waste within the City without
first obtaining a license therefor from the City Clerk and after inspection
has been made of the receptacles and vehicles by the Department of
Public Works. The fee for such license, per year to run from January
1 to December 31 of each year, shall be as set from time to time by
resolution of the City Council.
[Amended 5-3-2007 by L.L. No. 1-2007; 12-1-2022 by Ord. No. 2022-005]
B.Â
No person, firm, association nor corporation shall
convey or carry any garbage, rubbish, garden and yard waste or recyclables
upon or through any street, lane, alley or driveway or other public
place in the City except the same shall be carried in cans or receptacles
with covers as herein provided which shall be watertight and covered
with a closed cover and kept securely closed during transfer. Trucks
and trailers utilizing the transfer facility shall secure garbage,
rubbish, garden and yard waste and recyclables with a tarpaulin and
or similar material to prevent spillage onto the highway.
C.Â
The cans or other containers used for the accumulation
of garbage, rubbish, garden and yard waste and recyclables intended
to be collected by licensed collectors of garbage, rubbish, garden
and yard waste, and recyclables shall be kept securely closed with
a cover, shall be emptied each week and more often if necessary and
directed by the Code Enforcement Officer or the Director of the Department
of Public Works, and said cans shall be thoroughly cleansed and disinfected
by said collector when emptied and more often if for any reason the
same becomes offensive and unsanitary or when so ordered by the Code
Enforcement Officer or the Director of the Department of Public Works
of the City.
D.Â
No dumpsters and roll-off containers shall be used
as herein provided without first obtaining approval from the Code
Enforcement Officer or the Director of the Department of Public Works.
E.Â
The collection of garbage, rubbish, garden and yard
waste, and recyclables shall be performed by licensed collectors between
the hours of 6:00 a.m. and 8:00 p.m., except that a special permit,
with fee to be set by the City Council, may be obtained if, in the
sole discretion of the Director of the Department of Public Works,
the collection at other hours is deemed reasonable and necessary.
F.Â
No person licensed as a collector or regularly engaged
as a collector shall dispose of or store in any place within the City,
any collected garbage, rubbish, recyclables or garden and yard waste.
G.Â
No person shall park or allow to remain standing within
the City, any vehicle used for the collection of garbage, rubbish,
garden and yard waste, or recyclables when fully or partially loaded
except during and incidental to the collection of garbage, rubbish,
garden and yard waste, or recyclables. The parking of such a vehicle
between the hours of 9:00 p.m. and 6:00 a.m., while fully or partially
loaded is specifically prohibited within the boundaries of the City.
[Added 7-18-2002 by Ord. No. 2002-020; amended 11-18-2010 by Ord. No. 2010-013; 5-4-2023 by Ord. No. 2023-003; 11-2-2023 by Ord. No. 2023-009]
A.Â
All dumpsters, totes, and other refuse containers
used for the collection and disposal of solid waste generated by any
commercial, institutional, and multifamily use shall be screened from
public views and views from all other properties at ground level by
landscaping or fencing.
(1)Â
Temporary
use. This screening requirement shall not apply to the temporary use
of dumpsters and/or roll-off containers for the collection of construction
or demolition debris generated by a construction project currently
underway on the premises. All unscreened roll-off containers and/or
dumpsters used for such construction or demolition debris must be
removed from the premises within 30 days from completion of the construction
project or termination of a building permit, whichever occurs first.
A.Â
Trade waste shall not be collected by the City of
Canandaigua and shall not be buried, burned, deposited or dumped within
the boundary limits of the City. All of said trade waste shall be
removed from the premises or place of origin by the manufacturer and/or
processor in accordance with the rules and regulations promulgated
by the Department or State of New York.
[Amended 5-4-2023 by Ord. No. 2023-003]
B.Â
Any accumulation of garbage, rubbish, garden and yard
waste or recyclables in an amount in excess of one cubic yard for
a period of seven consecutive days shall be classified and designated
as trade waste except garbage from schools and hospitals.
It shall be unlawful for any person to sell,
bury, burn or otherwise dispose of garbage, rubbish, garden and yard
waste or recyclables except as provided herein and excepting when
other disposition thereof is approved in writing by the Department
and further excepting by means of an approved mechanical disposal
unit discharging into a sewer.
[Amended 4-5-2001 by Ord. No. 2001-003]
It shall be lawful for persons or corporations
to transport garbage, rubbish, garden and yard waste, or recyclables
as is herein defined provided such transportation is done in a manner
where such garbage, rubbish, garden and yard waste, or recyclables
are not strewn about streets or lawns.
[Amended 4-5-2001 by Ord. No. 2001-003; 1-20-2003 by Ord. No. 2005-001]
A.Â
Violations.
(1)Â
It shall be unlawful for any person, firm, or corporation to engage in the business of receiving, collecting or transporting residential and/or commercial garbage, rubbish, garden and yard waste, recyclables, or building waste in the City of Canandaigua without first obtaining a license in accordance with § 585-6 of this chapter.
[Amended 12-1-2022 by Ord. No. 2022-005]
(2)Â
It shall be unlawful for any person, firm, or corporation to fail to prepare materials for collection in the manners specified in § 585-2 of this chapter.
(4)Â
It shall be unlawful for any person, firm, or corporation to fail to adhere to the provisions of § 585-8 of this chapter relating to the disposition of trade waste.
[Amended 12-1-2022 by Ord. No. 2022-005]
(5)Â
It shall be unlawful for any person, firm, or corporation to fail to adhere to the requirements of § 585-10 of this chapter relating to the use of vehicles in the collection and transportation of refuse in the City of Canandaigua.
[Amended 12-1-2022 by Ord. No. 2022-005]
(6)Â
It shall be unlawful for any person, firm, or corporation
to violate any other provision of this chapter.
B.Â
Enforcement procedure.
(1)Â
Enforcement of this chapter shall be the responsibility
of the Director of Public Works or the Code Enforcement Officer, or
their authorized designees and any other police officer and any other
peace officer.
(2)Â
If a condition existing on a property violates the
provisions of this chapter, the Director of Public Works, or the Code
Enforcement Officer, shall serve or cause to be served a written demand
notice, by regular mail or personal service upon the owner, owner's
legal representative, lessee, agent, tenant, or other person exercising
control of the premises. Said demand notice shall contain identification
of the premises as appears on the current assessment roll of the City;
a statement of the condition of the premises as found at the time
of the inspection; a demand to maintain property in compliance with
this chapter and/or that motorized equipment, litter, appliances,
rubbish, refuse, recyclables, or debris be removed from the premises
on or before five days after the mailing or service of such notice.
[Amended 8-1-2019 by Ord.
No. 2019-003]
(3)Â
Whenever an owner, owner's legal representative, lessee,
agent, tenant, or other person exercising control over the property,
fails to comply with the above demand notice said failure shall prima
facie be deemed to be a violation of this chapter or any rule or regulation
adopted pursuant to this chapter.
(4)Â
The Department of Public Works may refuse to collect
and dispose of any garbage, rubbish, garden and yard waste, and recyclables
where the same are not prepared, stored, or placed for collection
in conformity with this chapter, or in conformity with the rules and
regulations duly issued thereunder, or in the event of any violation
of this chapter, or in the event of a refusal to comply with any of
the provisions of this chapter.
(5)Â
Upon the failure of the property owner, the owner's
legal representative, lessee, agent, tenant, or other person exercising
control over the premises to correct the violation within five days
after the mailing or service of the demand notice, the Code Enforcement
Officer, or authorized designees shall have the authority to issue
an appearance ticket subscribed by them, directing the person to whom
the demand notice was mailed or served, to appear in a designated
local criminal court at a designated future time in connection with
the alleged commission of a designated violation of this chapter or
any order made thereunder.
(6)Â
If this chapter is not complied with, either the Code
Enforcement Officer or the Director of Public Works may serve written
notice upon the person having the care or control of any lot to comply
with the provisions of this chapter. If the person upon whom the demand
notice is served fails, neglects, or refuses to comply with the provisions
of the demand, within five days of service or mailing of such demand
notice, or if no person can be found in the City who either has or
claims to have the care or control of such property, the Director
of Public Works may cause discarded garbage, rubbish, building waste,
recyclables or garden and yard waste or debris to be removed from
the property, or take other steps deemed by the Director of Public
Works as necessary to ensure compliance with this chapter.
C.Â
Penalties.
(1)Â
Any business, firm or corporation who shall fail to
comply with any applicable provisions of this chapter shall be subject
to the revocation of the license hereunder. The City Manager shall
have power to revoke any such license for cause shown after a hearing
on 10 days' written notice to the license holder, specifying the nature
of the violation.
(2)Â
Violation of any of the applicable provisions of this
chapter shall severally for each and every violation be punishable
by a fine not more than $250 or by imprisonment not exceeding 15 days,
or both. The imposition of one penalty for any violation shall not
excuse the violation nor permit it to continue, and all such persons
shall be required to correct or remedy such violation or defects within
a reasonable time, and each day that the prohibited condition(s) or
violation(s) continues shall constitute a separate violation. The
imposition of the penalties set forth in this section shall be in
addition to any other penalty or enforcement procedure set forth in
this chapter or other laws of the City of Canandaigua or any other
jurisdiction, including the application for an injunction to enforce
the provisions of this chapter.
[Amended 5-3-2007 by L.L.
No. 1-2007]
(3)Â
In the event of the failure, refusal, or neglect of
the person so notified to comply with this chapter, the Director of
Public Works may provide for the removal of any such materials either
by City employees or by contract. All expenses incurred by the City
in connection with proceedings to collect and dispose of any material,
or to otherwise ensure compliance with this chapter, plus 50% of the
cost for inspection and other costs in connection therewith (with
a minimum of $50 shall be assessed against the property on which such
violation existed). Said amount shall be certified by the Director
of Public Works to the City Manager and the Clerk/Treasurer and shall
thereupon become and be a lien upon the property where the violation
of this chapter occurred and shall be added to and become part of
the taxes next to be assessed and levied upon such lot and shall bear
interest at the same rate as taxes and shall be collected and enforced
by the same officer and in the same manner as such taxes.
A.Â
The City Council may by resolution adopt rules and
regulations for such annual cleanups as it may elect to undertake.
B.Â
Any violation of the rules and regulations so adopted shall be punishable as provided in § 585-11 herein.
[Amended 12-1-2022 by Ord. No. 2022-005]
C.Â
In addition thereto, the Department may refuse to
collect and dispose of any item placed for collection in such annual
cleanup in the event of the violation of any such rule or regulation.
[Added 12-3-2009 by Ord.
No. 2009-017; amended 2-4-2010 by Ord. No. 2010-003]
A.Â
The collection
and disposal of solid waste, yard waste and certain recyclable materials
as provided by this chapter are declared to be beneficial to the property
served or eligible to be served and there shall be levied and collected
fees as set forth in the City budget or adopted by resolution of the
City Council.
B.Â
Bills will be sent to the owner of record. The responsibility for payment of the bill shall rest with the owner of record. Failure to pay shall result in imposition and foreclosure of a lien on the property under the terms of Subsections E and F herein. The owner of record shall notify the City of any change in ownership or tenancy. No adjustment of bills will be made by the City as between the owners or tenants.
C.Â
All fees are due and payable in net cash when rendered. In case any fees or charges provided in this chapter and by the rules and regulations as established by the Department pursuant to § 585-5 shall not be paid within 20 days following rendering of the bill, such bill shall be delinquent. The City or its agents may then discontinue collection service, at its option, and if not paid within 60 days after such bill has become delinquent, the City or its agents shall cease collection service to the customer, and service will not be reestablished until such unpaid charges are fully paid. Written notice of termination of service shall be given to the owner of record as reflected in the Office of the Assessor, such notice to be given not less than 10 days prior to termination of service. Such notice may be given at any time after a bill has become due and payable.
[Amended 12-1-2022 by Ord. No. 2022-005]
D.Â
Late payment
penalty. Collection fees in arrears past 20 days of the rendering
of the bill shall accrue a penalty of 15% of said unpaid arrears.
A bill shall be considered rendered upon its mailing by the City.
[Amended 12-1-2022 by Ord. No. 2022-005]
E.Â
Solid
waste collection fees and other assessed fees and charges shall constitute
a lien upon the real property served by the City, or such part or
parts thereof, for which collection fees and charges shall have been
established and imposed. The lien shall be prior and superior to every
other lien or claim except that of an existing tax, assessment or
other lawful charge imposed by or for the state or a political subdivision
or district thereof.
F.Â
Additional
remedy for nonpayment. The City of Canandaigua may maintain an action:
(1)Â
As
upon solid waste collection fees in arrears, including penalties and
interest; or
(2)Â
To
foreclose liens for such solid waste collection fees; or
(3)Â
To
levy solid waste collection fees in arrears as taxes in the annual
tax rolls, to be collected and enforced in the same manner as provided
for City taxes generally, and as specified in § 452, Subdivision
4, of the General Municipal Law.
