§ 123-1Sanitation Department established.
§ 123-2Garbage collection rates.
§ 123-3Rates to constitute lien.
§ 123-4Receptacles and enclosures.
§ 123-4.1Garbage collection; placement
§ 123-5Prohibited acts.
§ 123-7Penalties for offenses.
The Village of Woodridge, New York, does hereby establish, maintain and continue a Sanitation Department for the collection and disposition of garbage, refuse, waste and recyclables in the Village of Woodridge and its vicinity, as further set forth herein.
The Board of Trustees of the Village of Woodridge, by resolution, shall fix and adopt reasonable garbage collection rates, which shall be paid by property owners as further set forth herein, at such times and in such manner as the Board of Trustees may prescribe. A minimum collection charge shall be fixed to be paid by the owner of each building covered hereunder, which said charge shall be posted on or before the first day of June of each and every year. In the event of a failure to post said charge, the preceding year's rates shall apply.
All garbage collection services supplied to stores, tenants and apartments shall be charged against the owners of the premises and shall be fixed against and paid by the owner of each building covered hereunder.
Annual bills shall be forwarded to each property owner covered hereunder during the first week of June of each year. The bill shall reflect the total annual charge. Unless paid within 30 days (the 30th day shall constitute due date), a penalty will be assessed.
Sanitation bills which are not paid on or before the due date shall bear a penalty of 2% per month or 24% per annum, compounded monthly.
All properties within the Village of Woodridge, whether used for commercial (including single-owner seasonal properties with more than one dwelling), educational or religious purposes, unable to be used as year-round residences due to the fact that their water lines are not buried below the frost line, will not have their garbage and recyclables collected or picked up by the Village of' Woodridge Sanitation Department, nor shall said property owners he required to pay the garbage collection rate established herein. Said property owners shall he responsible for the proper collection and removal of garbage and recyclables from their properties. Nothing contained herein shall prohibit the Village of Woodridge and the property owners covered by this provision from contracting for the collection and removal of garbage and recyclables at such time and for rates mutually acceptable to the Village of Woodridge and the property owner.
Until such time as the Village of Woodridge has obtained appropriate equipment for the pickup and disposal of compacted waste, the Village of Woodridge reserves the right to not pick up garbage from properties serviced by a garbage compactor device, nor shall said property owners be required to pay the garbage collection rates established herein.
The Board of Trustees shall establish five rates:
Curbside rate, covering individual residential units using two or fewer receptacles.
Curbside rate, covering individual residential units requiring more than two receptacles.
Small commercial rate, including professional offices (doctors, lawyers, dentists, engineers, accountants, architects, etc.) and other small businesses producing fewer than six receptacles each week.
Residential dumpster rate, covering multiple residential units of four or more units where garbage is collected in a centralized area owned and maintained by the housing complex.
Commercial dumpster rate, which includes all businesses producing more than 1 1/2 cubic yards of garbage per week which shall require a dumpster.
The aforesaid garbage collection rates shall constitute a lien upon the real property serviced, and such lien shall be prior and superior to every other lien or claim, except a lien of an existing tax, water rent or local assessment. If such amount remains unpaid on the first day of July of the next succeeding year, the Village Clerk-Treasurer shall certify the amount due and payable to the Board of Trustees, which shall levy the same as taxes and add such unpaid garbage bills and penalties to the succeeding tax roll of the Village. Such tax shall be collected and enforced in the same manner and at the same time as provided for the collection and enforcement of Village taxes.
All garbage, rubbish and refuse to be collected for three or less residential units or small commercial businesses, as further defined herein, shall be placed in water-tight receptacles having suitable handles and tight-fitting covers. Receptacles shall have a capacity of not less than 10 gallons or over 35 gallons and shall not exceed 40 pounds when full. If receptacles used do not meet the above specifications or are deemed unsafe by the Village's Sanitation Department, said receptacles must not be used or must be replaced by the owner within seven days after notice by the Village's Sanitation Department.
All multiple dwellings of four or more residential units and commercial users, other than small commercial businesses as defined herein, must have a one-and-one-half- or two-cubic-yard container (dumpster) for each four apartments or part thereof. In multiple dwellings where there are fewer than four residential units, a one-and-one-half- or two-cubic-yard dumpster will be required if, in the judgment of Village's Sanitation Department, the amount of garbage generated on a regular basis warrants the use of said dumpster. These containers shall meet with the specification of the Village at a location on the multiple-dwelling unit's premises determined by the Sanitation Department.
Nothing shall be placed in a dumpster or receptacle that does fit completely within the container with the lid closed.
In winter months, snow must be removed from around all garbage receptacles or dumpsters in order for them to be used.
No garbage receptacle or dumpster shall be stored in front of a business or residence or visible from a public road unless stored in a properly maintained garbage house or enclosure.
Upon notice from the Sanitation Department that a dumpster is in need of repair, maintenance or painting, the owner shall, within seven days after receipt of the notice, comply therewith. Failure to comply with the notice shall constitute a violation, and the dumpster may not be used.
Garbage collection dates will be determined by the Village Sanitation Department for all sections of the Village. Any variation of dates due to holidays shall be published in the official designated newspaper and posted within the Village.
Garbage receptacles shall be placed for collection at the curbside in the morning of the designated date for collection and, following collection, removed from the curbside on the scheduled day of collection and stored out of public view.
No person, firm or corporation shall cause or permit an accumulation of garbage, rubbish or refuse about or upon the premises owned or occupied or used by him or it so as to cause such accumulation to be unsightly, unsanitary or hazardous to the property, life, health, safety or welfare of the public.
No person, firm or corporation shall throw, place or scatter any garbage, rubbish or refuse over and upon any premises, street or alley, public or private, either with or without the intent to later remove or burn, or suffer to permit the accumulation of refuse on any premises owned, occupied or controlled by any such person, firm or corporation to become or remain offensive, unsanitary, unsightly or unsafe to public health or tending to create a fire hazard.
Garbage originating outside Village prohibited. No person shall bring into, place in, or deposit in, or cause to be brought into, placed in or deposited in, the Village any garbage, refuse, trash, recyclables, paper, hazardous wastes or materials originating outside the Village for the purpose of disposing of the same in the Village or for the purpose of having the same collected by the Village or its agents or contractors.
The Village of Woodridge Sanitation Department shall establish a location where Village residents, including commercial businesses located within the Village of Woodridge can dispose of used tires.
The Board of Trustees of the Village of Woodridge, by resolution, shall fix and adopt a per-tire disposal fee which may vary based upon the size of the tire, as established by the Board of Trustees.
A person convicted of violating the provisions of this chapter shall be guilty of a violation, which is punishable as follows:
For a first conviction: a written warning.
For a second conviction: by a fine of not less than $50 nor more than $100.
For a third conviction: by a fine of not less than $100 nor more than $200.
For a fourth conviction within one year: by a fine of not less than $150 nor more than $250.
For a fifth or subsequent conviction within one year: by a fine of $250.
Time limit; performance of work by Village. If the owner, occupant or tenant shall fail to comply with any of the foregoing sections of his chapter upon 48 hours' written notice by the Village enforcement officer served personally on the owner, occupant or tenant of the affected premises or posted upon the affected premises and mailed by certified mail to the owner's last known address as shown on the rolls of the Town Assessor of the Town of Fallsburg, the Village Code Enforcement Officer may remedy the violation, either by independent contractor or Village employee, at the sole cost and expense of the owner of the affected premises, with administrative charges added as hereinafter provided.
Billing for expenses incurred; lien.
Upon completion of removal of garbage, refuse or rubbish by the Village, the Village Code Enforcement Officer shall serve a bill upon the owner of the premises by mailing a copy to the last known address of the owner as shown on the records of the Town Assessor of the Town of Fallsburg for the actual and necessary expenses incurred by the Village in removing and disposing of such garbage, refuse or trash and otherwise bringing the premises to the standards required by this chapter and for an additional charge of 50% of such cost for administration and supervision, together with the notice that, unless payment is received in full within 30 days after the date of such bill, the same shall be reported to the Village Board and the assessment will be levied against the premises upon which the work was performed and that interest shall run at 1 1/2% per month or 18% per annum from the date of rendering of the bill until such charges are paid in any other legal manner that it may choose.
Upon serving the notice, the unpaid charges shall constitute a lien upon the affected premises. The Village Board may annually cause a statement to be prepared setting forth the amount of each lien for garbage, refuse or rubbish removal, the real property affected thereby and the name to whom the property is assessed. Such statement shall be represented to the Village Board on or before the date other assessments are required to be presented to the Village Board by law. The Village Board shall levy the amounts contained in said statement against the real property liable at the same time and in the same manner as Village taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Village taxes.
Notwithstanding the foregoing, whenever the Village Code Enforcement Officer shall find a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may order the immediate removal of accumulated garbage, refuse or rubbish and, in case of noncompliance or inability to notify the responsible person or persons therefor, cause the removal of such garbage, refuse or trash forthwith. Expenses incurred in the execution of such order shall be recovered in the same manner as referred to in the foregoing subsection.