[Adopted 9-17-1996, effective 9-18-1996]
The terms and provisions of this chapter are to be liberally
construed so as best to achieve and effectuate the goals and purposes
hereof.
Owners of real property or premises shall be responsible for
compliance with provisions of this chapter and shall remain responsible
therefor regardless of the fact that this chapter may also place certain
responsibilities on occupants and regardless of any agreements between
owners and occupants as to which party shall assume responsibility.
A.
Purpose. There is hereby created the Solid Waste Advisory Committee,
which shall advise the Commissioner on policies regarding the city's
collection and disposal of solid waste and recycling.
B.
Composition, term and removal. The Solid Waste Advisory Committee
shall consist of 11 members: the Commissioner shall serve as chair
of the Committee; five qualified electors of the City of Buffalo appointed
by the Mayor; the President of the Common Council or designee; three
qualified electors of the City of Buffalo appointed by the Common
Council; and the Comptroller of the City of Buffalo or designee. The
terms of appointed members shall be three years, except that of the
members first appointed, of whom two of the mayoral appointees shall
be appointed for terms of one year, three mayoral appointees shall
be appointed for terms of three years, and three of the Common Council
appointees shall be appointed for terms of two years. Each appointed
member shall serve until that person's successor is appointed and
qualified. The terms of the Commissioner, President of the Common
Council or designee and the Comptroller or designee shall expire concurrently
with their respective terms of office. Vacancies in the Committee
shall be likewise filled for the unexpired portion of such term by
the respective appointing authority. The appointing authority may
at any time remove any member it appoints for reasons stated in writing
after an opportunity has been afforded such member to be heard. The
members of the Committee shall serve without compensation and such
City officials appointed to the Committee shall serve without additional
compensation.
C.
Powers and duties of the Committee. The Solid Waste Advisory Committee
shall have the following powers and duties:
(1)
To assist the Department in developing policies regarding collection
and disposal of solid waste; and
(2)
To make recommendations, on its own motion, to the Mayor, the Common
Council and the Commissioner as to policies, plans, programs or projects
for the development, maintenance and improvement of solid waste collection
and disposal and recycling policies in the city.
[Amended 3-19-2002, effective 3-28-2002]
The Commissioner shall hear and decide all complaints concerning
the public collection user fee. The complaint shall be filed within
10 days of the issuance of a bill, in writing, with sufficient detail
for a determination to be made by the Commissioner based on the documents
submitted and with a statement that the information submitted is true
and correct under penalties of perjury and that any false statements
made therein are punishable. The filing of a complaint shall not relieve
the owner from the obligation of making timely payment of the disputed
bill; provided, however, in the event the annual amount in dispute
is less than $50, the complainant may pay the lower amount. If a bill
is determined by the Commissioner to be incorrect, the Commissioner
shall determine the correct amount and the City shall refund any amount
the Commissioner has determined was overpaid. If a bill is determined
by the Commissioner to be correct, the complainant shall have 10 days
to pay the amount due, and if not paid, the complainant shall be subject
to any interest and late charges which may be due and owing. Any complainant
dissatisfied with the determination of the Commissioner shall have
the right to file a notice of appeal pursuant to the rules and regulations
promulgated by the Commissioner. Such appeals shall be heard by the
Public Collection Board of Appeals in accordance with the rules and
regulations promulgated by the Commissioner. Upon the presentation
of all admissible evidence, the Public Collection Board of Appeals
shall determine whether the billing is correct or incorrect. Upon
determining the billing is incorrect, the Public Collection Board
of Appeals shall determine the correct billing, and shall direct the
City to refund such sums that the Public Collection Board of Appeals
has determined were overpaid. If a bill is determined by the Public
Collection Board of Appeals to be correct, the complainant shall have
10 days to pay the amount due, and if not paid, the complainant shall
be subject to any interest and late charges which may be due and owing.
A.
Receptacles provided by the City and placed in streets, public parks or other public places shall be used only for deposit of solid waste generated on the street by pedestrians and motorists or generated by persons using the public parks or other public places. The placing into such receptacles any waste originating from residential or commercial users shall constitute illegal dumping and is prohibited by § 216-9 of this chapter.
B.
Receptacles provided by the City for events, special events pursuant to Chapter 414, Special Events, of this Code, or projects shall be used only for deposit of any waste generated at such event, special event or project. The placing into such receptacles any waste originating from residential or commercial users shall constitute illegal dumping prohibited by § 216-9 of this chapter.
The provisions of this chapter are severable. If any provision,
paragraph, subparagraph, sentence, clause, phrase or word of this
chapter or its application to any person or circumstances is held
invalid, said invalidity shall not affect any other provision, paragraph,
subparagraph, sentence, clause, phrase or word or application which
can be given effect without the invalid provision, paragraph, subparagraph,
sentence, clause, phrase or word or application of the chapter.
