[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-22-1992 by Ord. No. 711]
It is the purpose of this article to enhance Borough of Ho-Ho-Kus
compliance with the New Jersey Statewide Mandatory Source Separation
and Recycling Act, Public Laws of 1987, Chapter 102,[1] and the New Jersey Recycling Act of 1981, Public Laws
of 1981, Chapter 278,[2] and to supplement the regulation of the disposal of solid
waste within the Borough by requiring that every responsible solid
waste generator shall arrange to have regular collection and/or disposal
of all solid waste generated on or about property owned, occupied
or leased within the Borough and that written proof of collection
be submitted upon request, as required by P.L. 1991, c. 170 (Assembly
Bill A-1808), effective June 19, 1991.[3]
As used in this article, the following terms shall have the
meanings indicated:
Both the singular and plural, as the case demands, and shall
include individuals, corporations, companies, societies and associations.
When construing and enforcing the provisions of this article, the
act, omission or failure of any employee, officer, agent or other
person acting for or employed by any individual, corporation, company,
society or association, within the scope of his employment or office,
shall in every case be deemed to be the act, omission or failure of
such individual, corporation, company, society or association, as
well as that of the person.
A written record, log, bill or document evidencing receipt
of service for the collection of solid waste for the preceding year
from a collector/hauler of solid waste holding a certificate of public
convenience from the Board of Public Utilities. Sufficient proof shall
contain the generator's name and the owner's name if the
generator is a tenant; address; total cost per unit or period of service;
and the hauler's name, address, license number and period of
service. Records, logs, ledgers or documents created by the generator
or any other memorialized generator records in any form will not be
deemed sufficient proof of collection.
Removal of all solid waste from a premises at a minimum of
once a week. Additional collection and disposal must be arranged should
an extraordinary amount of solid waste be generated between scheduled
collections. Should a scheduled collection fall on a legal holiday
recognized by Ho-Ho-Kus, the generator shall arrange for additional
collection if solid waste cannot be stored in leakproof containers.
Any property owner, tenant or occupant of a residential,
commercial or public dwelling, business or structure who generates,
produces and/or disposes of solid waste of any type on, in or about
property located in Ho-Ho-Kus.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations and from domestic
and community activities and shall include all other waste materials,
including liquids, except for solid animal and vegetable wastes collected
by swine producers licensed by the State Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms.
The activity related to pickup and transportation of solid
waste from its source or location to a disposal site or to a resource
recovery facility.
Each responsible solid waste generator in the Borough of Ho-Ho-Kus
shall, within 10 days of request from the Recycling Coordinator, provide
proof of collection and disposal of solid waste on, in or about property
owned, occupied or leased in the Borough. Proof of collection is to
be submitted to the Borough Clerk, who shall notify the Recycling
Coordinator of any noncompliance.
A.
Any person who, after receipt of not less than 10 days' notice
of noncompliance, violates or fails to comply with the provisions
of this article shall be subject to the following violations and penalties:
B.
Fines levied and recovered for noncompliance with any and all provisions
of this article shall be transmitted monthly by the Court Clerk to
the Borough Treasurer and placed in the current fund and recorded
as a dedication by rider to be utilized for the purposes of the Borough's
recycling program, to include but not be limited to education, awareness
and improvement in services, in accordance with the provisions of
N.J.S.A. 40A:4-39.
Any ordinance or parts of ordinances inconsistent with this
article are hereby repealed, but only to the extent of any such conflict
or inconsistency.
If any section, subsection, paragraph, subdivision or sentence
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
such decision shall apply only to the section, subsection, paragraph,
subdivision, sentence, clause, phrase or provision so adjudged, and
the remainder of this article shall be deemed valid and effective.
This article shall take effect immediately following passage
and publication according to law.
[Adopted 11-25-1997 by Ord. No. 787]
A.
The Borough Council may make provision by exclusive contract or otherwise,
as circumstances may require, for the collection and disposal of solid
waste, including recyclables. By resolution, it may also establish
and promulgate reasonable regulations as to such collection and disposal.
B.
Definitions, regulations and requirements as to the preparation of
solid waste, including recyclables, for collection when set forth
in public contracts for collection made by the Borough shall also
be considered and deemed regulations adopted pursuant hereto. Such
contracts, as well as all regulations adopted pursuant hereto, shall
be on file in the office of the Borough Clerk, are incorporated herein
by reference, and may be examined by any member of the public on request.
A.
Utility created.
(1)
The Borough of Ho-Ho-Kus hereby creates a Solid Waste Utility (SWU)
of the Borough of Ho-Ho-Kus to transact the collection of solid waste,
including recyclables, within the territorial limits of the Borough
of Ho-Ho-Kus.
(2)
The SWU shall be self-liquidating with a dedicated budget as provided
by N.J.S.A. 40A:4-34 to 40A:4-36.
B.
Organization; promulgation of additional rules and regulations. At
each annual reorganization meeting, the Mayor shall appoint one member
of Council as Chairman of the SWU and two additional members of Council
which shall comprise the SWU of the Borough of Ho-Ho-Kus.
C.
Recovery of costs; fees. The costs associated with the collection
and disposal of solid waste, including recyclables, shall be recovered
in accordance with uniform fees fixed from time to time by the Borough
Council and collected from the property owners to whom the services
are made available.
D.
Service charge. There is hereby established a solid waste service
charge to be imposed annually upon the owners of those properties
for which solid waste collection and disposal service is made available
by the Borough. Funds so collected shall be paid into the dedicated
Solid Waste Utility Fund of the Borough.
E.
Computation of service charge. The solid waste service charge shall
be fixed annually by resolution of the Mayor and Council as may be
required to meet budgetary requirements. Said charges may, from time
to time, be revised by resolution of the Mayor and Council to provide
for the financial requirements of the SWU.
F.
Payment of service charge.
(1)
Upon approval of the annual service charge by the Borough Council,
the Chief Financial Officer shall bill the owner of each property
to which the service is available. The solid waste service charge
for 1998 shall be paid in full on or before December 31, 1998, and
thereafter each annual charge shall be paid in four equal installments
as follows: January 15, April 15, July 15 and October 15, 1999.
(2)
The charges hereby imposed shall be payable to the Borough, and each
payment shall draw the same interest as taxes upon real estate beginning
30 days after the due date and shall be a lien upon the property to
which service was made available until paid. The Borough shall have
the same remedies for collection of the charges hereby imposed, with
interest, costs and penalties as it has by law for the collection
of taxes on real estate.
Any person, corporation or entity who violates or neglects to
comply with any provision of this article or any regulation promulgated
hereunder shall, upon conviction thereof, be punishable by a fine
not to exceed $1,000, except that no person shall be convicted and
fined for violation of any regulation dealing with preparation and
placement of solid waste and recyclables for collection unless such
person has previously received one written warning of such person's
failure to comply with the provisions hereof.
