[HISTORY: Adopted by the Common Council of the City of Cortland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1991 by L.L. No. 9-1991; amended 7-7-1994 by L.L. No.
2-1994; 5-16-1995 by L.L. No. 1-1995 (Ch. 7Â 1/2, Art.
I, of the 1969 Code of Ordinances)]
For the purposes of this article, the following terms shall
have the meanings stated in this section:
Pure aluminum in any form, including but not limited to cans.
The Board of Public Works.
Tree branches not exceeding six inches in diameter, twigs,
and shrub and ledge and lawn clippings and leaves, excluding root
systems.
Large items and materials, including furniture, aluminum
yard furniture, house furnishings and large appliances such as refrigerators,
stoves, washing machines, clothes dryers, mattresses and tires.
Chemical waste generated by any industrial process or operation,
paint, paint thinner, household toxics, i.e., weed killers.
The City of Cortland or its designated representatives as
authorized by the Mayor of the Common Council.
Grass, leaves, twigs, and waste plants from vegetable and
flower gardens, lawns and yards (no stones).
The Common Council of the City of Cortland.
Cardboard shipping containers (clean, dry, free from tape
and staples and wax).
The Department of Public Works, or its designated agent.
Police, fire, code enforcement and Department of Public Works
officers, or any other designated agency or employee.
That waste as defined by § 27-0901 of the Environmental
Conservation Law, as amended.
[Amended 4-2-2002 by L.L. No. 1-2002]
Newsprints (clean and dry). It does not include glossy inserts,
magazines, catalogs or similar materials.
One or more individuals; any partnership, corporation, firm,
association, trust, estate or governmental entity and any other entity
whatsoever.
That portion of the City of Cortland's solid waste collection
service that relates to collecting, transporting and hauling recyclable
materials. Such costs shall also include efforts by the City to educate
and inform the public about recycling issues and programs.
Clear (flint), green and brown glass bottles, jugs and jars;
aluminum and metal cans; newspapers; corrugated cardboard; and plastics.
"Recyclable materials" does not include plate glass, window glass
or any other type of glass not specified in this definition. It does
include any material designated from time to time by the Cortland
County Solid Waste Coordinator or other governmental entity which
is applicable to the City of Cortland and which, under any applicable
law or regulation, is not hazardous and which is separated from the
waste stream and held for its material recycling or reuse value.
Rubbish and recyclable materials.
Food wastes, including but not limited to table cleanings; fruit,
vegetable and animal matter parings and scraps; decaying or spoiled
vegetable, animal and fruit matter; and fallen fruit.
Any paper, plastic, cardboard or other material used to wrap,
cover or contain food, other than certain glass jars, jugs or bottles
defined in this section as "recyclable materials"; and any other household
waste resulting from the use, consumption and preparation of food.
Plastic, metal (other than pure aluminum), rags, drugs, health
aids and materials, sweepings, Styrofoam, rubber, leather, cloth,
clothing, magazines, paper (other than newspapers), waste materials
from normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, filth, glass (other than certain glass bottles, jugs
and jars defined in this section as "recyclable wastes") and any other
similar waste material. "Rubbish" does not include recyclable materials,
as defined in this section. However, "rubbish" shall include recyclable
materials which cannot be recycled because of secondary household
use, i.e., newspapers used for pets.
Paint cans or thinners, emptied and dry with lids and/or caps
removed.
Small appliances such as can openers, vacuum cleaners, small
radios, etc. (not televisions or other bulk items).
Waste material typically resulting from construction, demolition
and renovation activities, including but not limited to waste cement,
concrete, masonry, bricks, tiles, Sheetrock, plaster, shingles, ashes,
wood, lumber and any similar material.
The Superintendent of Public Works.
That fee charged by the County of Cortland to the City of
Cortland for the solid waste collected by the City of Cortland and
accepted for disposal at the Cortland County Landfill. Said fee is
charged on a per-ton-of-garbage basis.
Any owner of real property located within the City of Cortland
who makes use of the City of Cortland's curbside solid waste (garbage)
collection service or recycling collection service. Placing solid
waste or recyclable materials out at the curbside of one's property,
for collection by the City of Cortland on even one occasion each year,
shall classify the property owner of said property as a user of the
City of Cortland's solid waste collection service.
The fee charged by the City of Cortland to the owner of real
property for of the solid waste collection service provided by the
City of Cortland.
Brush and rubble.
A.Â
The Department shall be responsible for collecting on a weekly basis
only those waste materials that constitute refuse, namely rubbish
and recyclable materials.
B.Â
The Department shall be responsible for collecting brush in a manner
and at such times as prescribed by the Superintendent.
C.Â
The Department shall also be responsible for collecting rubble in
a manner and at such times as prescribed by the Superintendent.
D.Â
The Department shall not be responsible for collecting any waste
materials that have been placed or prepared in a manner that fails
to comply with the provisions of this article. In particular, the
Department shall not be responsible for collecting bulk items or waste
materials in which recyclable materials are mixed together with other
materials or in which recyclable materials have not been placed or
prepared in accord with this article.
E.Â
The Department shall not collect hazardous wastes.
[Amended 4-2-2002 by L.L. No. 1-2002]
A.Â
No waste materials or refuse shall be placed at or near any curb,
sidewalk or street for purposes of collection by the Department other
than on particular days or during the particular time periods as prescribed
by the Superintendent or by this article.
B.Â
No person shall place any rubbish or recyclable near any curb, sidewalk
or street for purposes of collection by the Department unless that
person complies with the following requirements:
(1)Â
Commencing June 1, 1992, all nonrecyclable items and/or acceptable
trash to be collected by the City or the City's designated agent shall
be placed in a transparent plastic bag prescribed by the Common Council.
Said plastic bags may be placed in a plastic or metal container. The
Department of Administration and Finance shall maintain a separate
accounting of the following:
(a)Â
All moneys received or due from the sale of City of Cortland
(logo) bags.
(c)Â
All expenditures or expenses payable for garbage collection,
recycling, tipping fees and any such other expenses and costs, both
administrative and operational, as the Common Council may determine
relates to the collection and disposal of solid waste.
(2)Â
All mandatory recyclable material that is designated for curbside
pickup shall be placed in an appropriate container as prescribed by
the Common Council.
(3)Â
All recyclable material that is designated for curbside pickup shall
be placed at the curb for collection at times prescribed by the Superintendent.
C.Â
No person shall place brush/rubble at or near any curb, sidewalk
or street for purposes of collection by the Department other than
as prescribed by the Common Council.
(1)Â
During any Citywide spring and fall pickup of leaves and brush, the
raking of leaves to the property owner's curbside will be permitted.
(2)Â
Brush other than yard waste shall be securely tied in bundles, with
no individual bundle exceeding 48 inches in length or 50 pounds in
weight. No person shall put out more than two such bundles of brush
for any one collection by the Department.
(3)Â
Yard waste will be collected at the discretion of and in a manner
prescribed by the Superintendent.
(4)Â
Rubble will be collected at the discretion of and in a manner prescribed
by the Superintendent.
D.Â
When the Superintendent has prescribed that waste materials be collected
on particular days or during particular periods, any person placing
such waste materials at or near any curb, sidewalk or street for purposes
of collection by the Department shall comply with the following requirements:
(1)Â
The waste material shall be of the type announced by the Superintendent.
(2)Â
The waste material shall be placed for collection at the times specified
by the Superintendent.
(3)Â
The waste material shall be collected, bound, contained, placed or
otherwise treated in the manner specified by the Superintendent and
by this article.
E.Â
All refuse and waste materials that are to be collected by the Department
shall be placed for collection at or near a curb, sidewalk or street
after 5:00 p.m. on the day prior to the day designated for collection
and before 7:00 a.m. on the day designated for collection.
[Amended 4-2-2002 by L.L. No. 1-2002]
F.Â
No person shall place any refuse or waste material at or near any
curb, sidewalk or street other than the curb, sidewalk or street immediately
in front of the property from which such waste material was generated.
A.Â
Classification of property. The City of Cortland tax rolls classify
properties pursuant to the Property Type Classification and Ownership
Code published by the New York State Board of Real Property Services.
Properties classified under said system as Single-Family Residences
(Type 210) and Religious (Type 620) shall be deemed a one-unit property
for purposes of this article. Properties classified as Two-Family
Residences (Type 220) shall be deemed a two-unit property for purposes
of this article. Properties classified as Three-Family Residences
(Type 230) shall be deemed a three-unit property for purposes of this
article. For properties classified as Type 280 (multiple residences),
Type 411 (apartments), Type 480 (multiple use), Type 481 (row-type
downtown - attached), Type 482 (row-type downtown - detached) and
Type 483 (converted residences), a determination shall be made as
to the actual number of units on each parcel. Properties classified
as Type 414 (hotel), Type 415 (motel) and Type 418 (inns, lodges,
fraternity, sorority) shall be deemed as six-unit properties for purposes
of this article. All other properties not specifically classified
above, with the exception of Type 105, 116, 311, 312, 313, 314, 322,
330 and 340 properties, shall be deemed to be a two-unit property.
[Amended 4-2-2002 by L.L. No. 1-2002]
B.Â
Charges.
(1)Â
In addition to the revenue received for the sale of plastic bags,
a user fee shall be billed to each property owner annually.
(2)Â
The user fee shall be billed on a per-unit basis. The total number
of units shall be determined as follows:
(a)Â
The number of Type 210 and Type 620 properties shall be multiplied
by a multiple of one.
(b)Â
The number of Type 220 properties shall be multiplied by a multiple
of two.
(c)Â
The number of Type 230 properties shall be multiplied by a multiple
of three.
(d)Â
Properties classified as Type 280, 411, 480, 481, 482 and 483
shall be multiplied by the actual number of units on the premises.
(e)Â
All other classified properties, excluding Type 105, 116, 311,
312, 313, 314, 322, 330 and 340, shall be multiplied by a multiple
of two.
(3)Â
Determination of deficit.
(a)Â
On or before March 1 of each year, the Director of Administration
and Finance shall determine if the garbage collection system ended
the previous year with a deficit. A deficit occurs when the total
operating expenses exceed the total revenue from bag sales. In order
to calculate the net deficit, any deficit from the prior year billing
is to be added to the current deficit or any surplus from the prior
year billing is to be subtracted from the current deficit. (Deficits
or surpluses may occur in the unit fee billing due to fluctuations
in the number of users participating in the program.)
|
Determination of Deficit
| ||
|---|---|---|
|
Total Net Operating Expenses
Less Revenue from Sale of Bags
|
=
|
Operating Deficit (if positive number)
|
|
Plus Deficit from Prior Year User Fee Billing (if any)
| ||
|
-OR-
| ||
|
Less Surplus from Prior Year User Fee (Billing) (if any)
| ||
|
Equals NET DEFICIT.
| ||
|
The User Fee Per Unit shall be calculated as follows:
| ||
|
NET DEFICITÂ Â Â Â Â Â Â Â
Total Number of Units
|
=
|
User Fee Per Unit
|
(b)Â
As soon as practicable after determining such fee, the Director
of Administration and Finance shall notify the Common Council. The
Common Council shall give notice thereof in the official newspaper
of the City and further notice of at least 10 days that a public hearing
will be held before the Common Council at its next regular meeting
to consider approval of such rate.
(4)Â
Any user aggrieved by the user charge shall present their grievance
to a Grievance Board of three persons appointed by the Mayor with
the approval of the Common Council. Such Board shall have the power
to review such grievance and to affirm or modify the user charge.
If the charge is modified, the Board shall state its reasons, in writing,
and shall order that a refund be paid to the grievant. Any grievant
dissatisfied with the Board's decision may appeal to the Common Council,
which shall promptly act thereon. The members of the Grievance Board
shall be appointed to three-year terms.
(5)Â
Notwithstanding the foregoing, the user charge to be billed in 1994,
which shall be applied to the 1993 deficit, shall be $25 per unit.
Thereafter, the user fee shall be determined as provided herein.
(6)Â
In no event shall the user charge exceed $35 per unit.
C.Â
Payments of user fee.
(1)Â
A bill for each user fee shall be mailed no later than July 1 of
each year. Payments of such bills shall be due 30 days after the date
of such billing and shall be payable at the City Finance Office in
City Hall. Failure to timely mail such bill or failure of any user
to receive such billing shall not be an excuse for nonpayment.
(2)Â
A bill for each user fee charge for 1994 shall be mailed no later
than October 1, 1994, and payment of such bill at the City Finance
Office in City Hall shall be made no later than 30 days thereafter.
Failure to timely mail such bill or failure by any user to receive
such bill shall not be an excuse for nonpayment.
D.Â
Penalty for late payment. A penalty of $5 per unit shall be assessed
for payments made after the date due but within the same year in which
the payment was initially due. In the event that payment is made in
the year subsequent to the year the payment was initially due, an
additional penalty of $2 per unit shall be assessed for a total penalty
of $7 per unit.
All empty refuse containers and empty waste material containers
shall be removed from the curb, sidewalk or street where they have
been placed as soon as possible after collection by the Department
and, in any event, on the same day as collection. Empty refuse containers
or other empty waste containers remaining at or near the curb, sidewalk
or street 24 hours after collection may be picked up and disposed
of by the Department.
Where the Department has not collected certain refuse and/or
waste material because said materials were not placed or prepared
in accord with the provisions of this article, the person responsible
for putting said refuse or waste materials at or near a curb, sidewalk
or street for collection by the Department shall remove said refuse
or wastes from said location as soon as possible after the Department
has refused collection and, in any event, by the end of the designated
collection day.
A.Â
Whenever a person places refuse or other waste material at or near
a curb, sidewalk or street for collection by the City without complying
with the provisions of this article or fails to comply with rules
and regulations prescribed by the Common Council, the Department may
do either of the following:
(1)Â
Correct the error in preparation and place said refuse or waste materials
in a non-public-health threatening storage area and place at the curb
on the next regularly scheduled trash pickup date.
(2)Â
Correct the error in preparation and contact the City hauler who
shall, for an additional cost, pick up correctly prepared trash and
recyclables before the next regularly scheduled pickup.
(3)Â
Correct the error in preparation and transport said recyclables to
the county materials recovery facility and trash to the county landfill.
B.Â
If an owner or identifiable occupant fails to remove refuse or waste
materials from the curbside by the end of the collection day, the
Department shall effectuate the collection of said refuse and/or waste
material and shall charge said owner or identifiable occupant with
a service charge as fixed by the Common Council. The Department shall
provide written notice of said special service charge to the identifiable
occupant or property owner as soon as feasible after the Department's
collection of said waste in question.
C.Â
Whenever refuse or other waste material has been placed for collection
by the Department or its agent after 7:00 a.m. on the day of collection,
the Department or its agent may, in its own discretion, determine
to respond positively or negatively to a request by the property owner
of the property from which such waste was generated that the Department
return to such property and collect that waste material. When the
Department agrees to return to the property and collect that waste
material, it shall assess a special service charge against that identifiable
occupant and/or property owner as prescribed by the Common Council.
D.Â
For any nonscheduled collection of waste material by the City, the
City shall assess a special service charge against the responsible
identifiable occupant and/or property owner. Such special collection
charge shall be in accord with the provisions of this article.
When the recyclable materials are picked up by the Department,
these shall become the property of the City of Cortland. No person
who is not acting under authority of the City or its authorized agent
shall collect, pick up, remove or cause to be collected, picked up
or removed any recyclable materials so placed for collection; each
such unauthorized collection, pickup or removal shall constitute a
separate violation of this article; provided, however, that where
the Department has refused to collect certain recyclable materials
because they have not been placed or treated in accord with the provisions
of this article, the person responsible for initially placing those
materials for collection may and shall remove those materials from
any curb, sidewalk or streetside in accord with the provisions of
this article.
Nothing in this article shall be deemed to prevent any person
from entering into a contractual agreement with a private waste hauler
for the removal of refuse and other waste materials generated by that
person or by property owned by that person.
The Common Council is authorized to establish an appropriate
mechanism for selling or facilitating the sale of waste containers
for recyclable materials that meet the requirements of this article.
The disposal of refuse or waste materials on the real property
of another in a manner other than as permitted by this article shall
constitute illegal dumping.
A.Â
Any person violating the provisions of this article, other than § 241-11, shall be subject to the following administrative fees:
B.Â
Any person violating the provisions of § 241-11 of this article shall be subject to the following fines and administrative fees:
C.Â
The provisions of this article are severable. If any provision of
this article or its application to any person or circumstance is held
invalid, said invalidity shall not affect any other provision or application
of this article which can be given effect without the invalid provision
or application of the law.
D.Â
All provisions of any other local law or ordinance which are inconsistent
with the provisions of this article are hereby repealed.
The Board shall have authority to adopt whatever regulations
are consistent with this article and to continue to enforce any existing
regulations that are consistent with this article.
[Adopted 3-25-1991 (Ch. 71/2, Art. III of the 1969 Code of Ordinances)]
It is the intention of the Common Council and it is hereby ordained
that the provisions of this ordinance shall become and be made part
of the Code of the City of Cortland, New York.
A.Â
All trash, rubbish, garbage and any other nonrecyclables placed at
the curbside of a City street or at any other designated location
that is to be collected by the City or by the City's designated agent,
shall be placed in a clear plastic bag that will allow visual inspection.
B.Â
All recyclable items and materials shall be placed at the curbside
of a City street or at any other designated location in an appropriate
container approved by the Common Council.
Recyclable materials shall be prepared in a manner prescribed
by the Common Council.
A.Â
All trash, rubbish, garbage and recyclables not placed in the type
of container or bag prescribed by this article or as otherwise prescribed
by the Common Council will not be collected by the City or by its
designated agent.
B.Â
All recyclables not prepared in a manner prescribed by the Common
Council will be refused by the City collectors.
C.Â
Containers or bags not collected by the City or its designated agent
must be removed from the curbside by the property owner or occupant
within 48 hours of said rejection by the City or its designated agent.
Any identifiable occupant and/or owners violating any provision
of this article shall be fined as follows: the cost of having their
rejected containers or bags removed by the City for a first offense;
the sum of $25, plus the cost of removal for a second offense; the
sum of $50, plus the cost of removal for a third offense or subsequent
offense of this article.
The disposal of grass clippings, tree limbs and yard waste is
not governed by this article and will not be collected by the City
as part of its regularly scheduled garbage and recycling collection
program but shall be collected or disposed of in a manner otherwise
directed by the Common Council.
