[HISTORY: Adopted by the Board of Trustees of the Village of Cove
Neck as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-1974 by L.L. No. 2-1974
as Art. 6 of the 1974 General Code]
As used in this article, the following terms shall have the meanings
indicated:
Includes but is not limited to waste from the preparation, cooking
and consumption of food; metal, glass, plastic and paper containers for food
and household products; and paper, cartons, rags, dead animals, putrescible
substances, sewage and similar disposable items.
Dry combustible or noncombustible material, which shall include but
is not limited to ashes, magazines, books, newspapers, clothing, wooden crates
and pieces of metal, junk, discarded furniture, rugs and carpets.
Includes but is not limited to building materials, concrete, fill,
inoperable or wrecked automobiles, automobile parts, plumbing fixtures and
household appliances.
No person shall throw, place, litter, deposit or dump or suffer or permit
any servant, agent, employee or person in his charge to throw, place, litter,
deposit or dump any garbage, rubbish or trash of any kind on the surface of
any street, public grounds or private property in the Village for the purpose
of abandonment or otherwise, except when such garbage, rubbish or trash is
placed on the street in a proper container for normal garbage collection.
The owner of any private property in the Village shall at all times
maintain said premises free of garbage, rubbish and trash, except that this
section shall not prohibit the temporary storage of garbage, rubbish and trash
in authorized private receptacles for collection and trash in connection with
bona fide land clearing and building activity pursuant to an issued building
permit or the maintaining of a wood pile or the making and retaining of a
compost heap and mulching areas for normal gardening purposes in accordance
with customary gardening practices.
A.
Notice to remove. The Building Inspector of the Village
is hereby authorized and empowered to notify, in writing, the owner of any
private property in the Village to properly dispose of any garbage, rubbish
or trash located on such owner's property. Such notice shall be served
personally upon said owner or be sent by certified mail, return receipt requested,
addressed to said owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any such owner so notified to properly dispose of such garbage, rubbish or trash within 20 days after receipt of written notice provided for in Subsection A above, or within 25 days after the date of such notice in the event that the same is returned to the Village by the Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner, the Building Inspector of the Village is hereby authorized and empowered to pay for the disposing of such garbage, rubbish and trash or to order its disposal by the Village.
C.
Charge included in tax bill. When the Village has effected
the removal of such garbage, rubbish and trash from such private property
or has paid for its removal, the actual cost of such removal, plus accrued
interest at the rate of 6% per annum from the date of the completion of the
work, if not paid by such owner prior thereto, shall be assessed against such
property, which assessment shall be included in the next succeeding annual
bill for Village taxes for such property and shall become a lien thereon when
such taxes become a lien.
[Adopted 1-10-1990 by L.L. No. 1-1990]
A.
The Board of Trustees of the Incorporated Village of
Cove Neck hereby determines that there is a significant amount of recyclable
material present in the solid waste generated in the Village that could be
removed by its residents. The recovery and reuse of such recyclable material
will reduce the amount of solid waste conventionally disposed of by providing
an environmentally acceptable disposal alternative. Recycling will reduce
the demand for increasingly unavailable landfill areas and protect the health,
safety and welfare of its residents by promoting prudent disposal programs
essential for the protection of the environment.
B.
The Board of Trustees has determined that the mandatory
separation of designated recyclables from the solid waste stream generated
within the Village will foster maximum environmental and economic benefits
with the minimum inconvenience to its residents and property owners. The Board
of Trustees has further determined that an integral element of this recycling
program shall be the reservation of the authority to adopt appropriate rules
and regulations, including the right to designate or delete the type of material
which shall be recycled, the manner, means and method of separation, the method
of storage, collection and disposal of recyclables and the prohibition of
certain designated materials.
C.
This article shall be construed to regulate the separation
and disposal of recyclable materials in accordance with and pursuant to the
New York State Solid Waste Management Plan as currently enacted and as hereafter
amended and shall be liberally construed to effectuate the purposes set forth
herein.
The following words and terms shall have the following meanings:
All other solid waste generated by the Village other than prohibited
materials.
Any individual, firm, corporation, association or partnership.
Materials that contain hazardous or toxic substances or that are
not suitable for residential disposal and which will not be collected or permitted
to be placed in recyclable containers as set forth in the rules and regulations.
Discarded solid waste material which may be reclaimed and is in the
form of paper, glass, metals and plastics.
Specific types of recyclable materials as shall be designated by
the Board of Trustees pursuant to rules and regulations adopted hereunder.
Rules and regulations which are duly adopted by the Board of Trustees
at a public meeting.
The owner, lessee or occupant of every dwelling within the Village shall
separate and dispose of recyclables as follows:
A.
Prior to collection, all recyclables shall be processed
and cleaned, with all contents removed, in accordance with the rules and regulations.
B.
Recyclables shall be placed in an approved color-coded
container which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms of solid
waste.
C.
Newsprint shall be bundled and securely tied with a string
or placed in a brown paper bag.
D.
Recyclables shall be collected on a periodic basis and
properly disposed of at a suitable processing center.
Containers for the purpose of collecting and storing recyclables will
be initially provided by the Village to every dwelling. Such containers will
remain the property of the Village and must be kept clean and in good condition.
Recycling containers are not to be used for any purpose other than as described
herein and in accordance with the rules and regulations. In the event that
such containers are lost, damaged or stolen, additional equivalent containers
must be provided by the property owner at his own expense.
The Board of Trustees, by resolution, shall establish a collection schedule
and applicable procedures for the collection of recyclables.
A.
It shall be unlawful and a violation of this article
for any person to:
(1)
Place or cause to be placed or permit any material, other
than a designated recyclable, to be placed in an approved recyclable container;
(2)
Permit or allow or knowingly fail to separate and prepare
recyclables for collection in accordance with the provision of this article.
After providing five days' written notice sent certified mail, return
receipt requested, to the occupant of a dwelling, a private carter or the
municipality may refuse to collect said solid waste from any dwelling where
a violation of this article exists;
(3)
Collect or cause to be collected recyclables which are
in violation of this article; or
(4)
Permit or allow or cause to occur a violation of any
rules and regulations promulgated hereunder and duly adopted by resolution
of the Board of Trustees.
B.
Presumption. Any property owner upon whose land solid
waste is left for collection or storage in such a manner as to be in violation
of this article shall be deemed and presumed to be the person who shall have
placed or deposited such solid waste on the property.
A.
Any person found to violate any provision of this article
or rules and regulations promulgated hereunder shall be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days, or by
both such fine and imprisonment. Each day that such violation exists shall
constitute a separate offense.
B.
The Board of Trustees is further authorized, upon written
notice mailed to the property owner at the owner's last known address,
as shown in the Village records, to direct the removal of solid waste in violation
of this article. The cost of said removal, together with interest, shall become
a special assessment on the property where the material is removed, collectible
with the next tax bill due. This remedy is in addition to all other remedies
available to the Village to remedy the violation.
It shall be the duty of the Village Building Inspector, Code Enforcement
Officer, Police Department and any other individual designated by the Board
of Trustees and they shall have the power, right and authority to enforce
the provisions of this article and issue appearance tickets for violations.
The Board of Trustees is empowered and authorized to promulgate and
establish, by resolution, any rules and regulations which are necessary and
proper to implement and administer the provisions of this article.
