[HISTORY: Adopted by the Board of Trustees of the Village of Colonie 8-28-1995 by L.L. No. 2-1995; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 192.
Streets and sidewalks — See Ch. 196.
This Article is enacted in recognition of the fact that the accumulation of rubbish, refuse, litter, noxious growths or other debris abandoned or stored on private property can constitute both a public and private nuisance. Such accumulations are a source of potential harm to children and others who may find them attractive nuisances; they constitute a blight on the village landscape, destroying the aesthetic qualities of the village, and are generally unsightly and are obvious sources of potential danger. The existence of such accumulations tends to depreciate not only the property on which they are located but also the property of other persons. They render the village a less safe and less pleasant place in which to live and do business. The intent of this Article is to establish a legal procedure for the removal of rubbish, garbage, litter, noxious growths or other debris on lands in the Village of Colonie, New York, where they are found outside duly licensed establishments.
As used in this Article, the following terms shall have the meanings indicated:
GARBAGE
The putrescible animal and vegetable wastes resulting form the handling, preparation, cooking and consumption of food.
LITTER
Refuse and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used, either wholly or in part, for private, residential or other purposes, whether inhabited or vacant, and shall include any yard, walk, driveway, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, discarded refrigerators, appliances, mattresses, stoves, hot-water tanks, washing machines, clothes dryers, tires, furniture, motors, machinery, equipment, abandoned motor vehicles, motorcycles, bicycles and other industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, brush, bushes, trees, branches, wood, glass, crockery, stone, scrap materials and similar materials.
VILLAGE
The Village of Colonie, New York.
WEEDS
Refers to but is not limited to any organic growth, nonexclusive of seed and/or pollen, which constitutes a fire, health or safety hazard or creates an unsightly condition.
A. 
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the village, except in authorized receptacles.
B. 
No person shall break, leave, discard or deposit, in any manner, any glass, bottle, glassware, crockery, can or container of any kind, make or description in or on any public place of any nature within the Village of Colonie, except and unless it is part of the act of depositing the same in a trash device specifically designed for the retention of trash.
A. 
No person shall sweep into or deposit in any gutter, street or other public place within the village the accumulation of litter from any building or lot or from any public or private walkway or driveway.
B. 
Persons owning or occupying property shall keep walkways in front of their premises free of litter.
No person shall throw or deposit litter on any occupied private property within the village. The owner or person in rental of any private property shall at all times maintain the premises free from litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the village, whether owned by such person or not.
It shall be the duty of every owner or owners of land, vacant or improved, and of every tenant, lessee or occupant of land, vacant or improved, within the village to keep the land that they own or rent or occupy free from weeds and other noxious growths.
A. 
The Village Code Enforcement Officer is hereby authorized and empowered to notify the owner, tenant, lessee or occupant of any open or vacant private property within the village or the agent of such owner, tenant, lessee or occupant to properly dispose of litter located on such property, which is dangerous to public health, safety and welfare, and to keep such property free from weeds after making inspection thereof. Such notice shall be in writing and shall be directed to the owner of the property or directed to the owner and the tenant, lessee or occupant of the property, if occupied, by certified mail with return receipt, at the last known address or, if not known, as recorded on the village assessment roll.
B. 
Upon the failure, neglect or refusal of any owner, tenant, lessee or occupant or agent thereof, so notified, to properly dispose of litter and/or cut and remove such weeds within 10 days of such notice, the Code Enforcement Officer shall notify the Village Board, and the Village Board shall thereupon authorize and direct the appropriate village department to dispose of such litter and/or cut and remove such weeds. The village department performing such work shall keep an accurate record and itemized account of the expenses incurred for all labor, equipment and materials furnished and any other cost. All bills shall reflect a minimum charge as set by resolution of the Board of Trustees, from time to time, to cover the administrative costs, expenses and labor.
C. 
The Village Clerk, upon receiving the accounts described above, shall prepare and collect the bills. In the event that collection is not made within 30 days, the Village Clerk shall forward the unpaid accounts to the Board of Review, which shall charge the cost of record of such expenditure against the owner or owners of such property. Such charge shall thereupon become a lien upon the property.
D. 
The Village Code Enforcement Officer or any other authorized employee shall have the right, at reasonable times, to enter upon lands within the village for the purpose of inspection to determine compliance with this section.
Any person committing an offense against any provision of this Article shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day an offense is continued, a separate and distinct offense hereunder.