City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
GARBAGE and REFUSE
Includes both combustible and incombustible waste materials, such as waste of meat, fish, fruits, vegetables or vegetable matter, including tin cans that have contained food material, and paper, wood, leather, cloth or any other combustible matter, ashes, glass, metals or other incombustible refuse. This term shall also include bulk items such as vehicle tires, household appliances, furniture, machinery, construction waste and demolition waste.
No person, either as owner, lessee, agent, tenant or otherwise, of any lot, land, premises or improved property in the City of Oneonta shall cause or allow thereon garbage and refuse materials to become a hazard to public health, safety or travel or to become a nuisance of any sort.
A. 
Requirements.
(1) 
Receptacles shall be kept securely covered in such manner as to exclude dogs, raccoons, skunks, rats and flies and to prevent the accumulation of rainwater and snow therein.
(2) 
Their contents shall be removed from the premises at least once weekly.
(3) 
Receptacles must be kept in a good, clean and sanitary condition free of leaks and dents which prevent tight closings and shall not be permitted to have any ragged or sharp edges to hinder or horn the person handling the contents thereof.
(4) 
When stored out-of-doors, garbage and refuse other than sanitary bulk items shall be stored in such receptacles.
(5) 
Bulk items shall be stored such that they are not hazardous; shall not collect water; shall have no sharp edges or dangerous parts; and shall be stored outdoors for no longer than one week.
B. 
Location. Garbage and refuse shall be kept in such a place as not to constitute a nuisance. Garbage receptacles and bulk items shall not be stored in front yards or in any location which is visible from the public right-of-way, except by special permission of the City of Oneonta Zoning Board of Appeals or under the following circumstances:
(1) 
Receptacles and bulk items may be placed in front yards or in locations visible from the public right-of-way not more than 12 hours prior to the collection of garbage, and receptacles must be removed from those locations within 12 hours after the garbage has been collected.
(2) 
No person shall place any garbage and refuse material at or near any curbing other than the curbline immediately in front of the property from which such waste material was generated.
C. 
Variance procedure for location issues. The Zoning Board of Appeals, as established by the City of Oneonta, shall hear and decide requests for variances from the storage location requirements of Subsection B of this section. In passing upon applications for such variances, the Zoning Board of Appeals shall consider all relevant factors.
D. 
Exceptions.
(1) 
Exceptions may be made for householders who dispose of their garbage by means of a grinding machine or acceptable household garbage disposal unit.
(2) 
Burning of garbage by the householder shall be prohibited.
(3) 
Nonputrescible sanitary material, if compactly stored or tied in bundles or properly weighted down, need not be placed in containers.
E. 
Receptacle standards.
(1) 
Receptacles shall be sturdy, weather resistant, rodent proof, upright and of plastic or metal and shall have overlapping and tight-fitting covers.
(2) 
Plastic bags alone are not adequate.
(3) 
No receptacle shall be larger than 50 gallons or smaller than four gallons unless agreed to by the city.
A. 
Providing and care of proper receptacles.
(1) 
At properties containing any residential use, it shall be the duty of the property owner to furnish receptacles, in compliance with § 248-3E, to hold the garbage and refuse accumulations generated by the residential users between the periods of collection. It shall be the duty of the property owner and the occupant to keep the receptacles covered at all times when in use with proper tight-fitting sturdy covers, except while garbage and refuse is being put into such receptacles or while the same are being emptied.
(2) 
It shall be the duty of the property owner and the nonresidential occupants of any property to furnish approved sturdy receptacles with proper tight-fitting covers to hold the garbage and refuse accumulations generated by the non-residential users between the periods of collection. It shall be the duty of the property owner and the nonresidential occupant to keep the receptacles covered at all times when in use with proper tight-fitting sturdy covers, except while garbage and refuse is being put into such receptacles or while the same are being emptied.
(3) 
It shall be the duty of the property owner to ensure compliance with §§ 248-2, 248-3 and 248-4.
A. 
Scavenging. It shall be unlawful for anyone, other than the tenants, landlord or occupants of the premises at which garbage and refuse are stored, licensed garbage and refuse collectors and their employees or a duly authorized representative of the city, to disturb any receptacle or to remove the cover or any of the contents thereof or any material stored for disposal.
B. 
Scattering of contents. It shall be unlawful for any person to strew or scatter the contents of any receptacle containing garbage or refuse in a yard or on a lawn, sidewalk street, waterway, stream, empty lot or other public or private place in the City of Oneonta.
A. 
Authority of Code Enforcement Officer.
(1) 
Mitigation. The Code Enforcement Officer, upon complaint being made to him or upon his own motion, shall, upon personal and direct knowledge of the existence of a violation of § 248-2 having a duration of more than 48 hours, cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a 50% charge thereof for supervision and administration. Said cost and 50% charge if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general city tax and as a part thereof.
(2) 
Emergency conditions. In cases where the hazard associated with a violation of § 248-2 is so great as to require mitigation in less than 48 hours, the Code Enforcement Officer, with specific concurrence of the Chairman of the Board of Public Service, shall immediately cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a 50% charge thereof for supervision and administration. Said cost and 50% charge if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general city tax and as a part thereof.
(3) 
Exceptional emergency conditions. In the following circumstances where a violation of § 248-2 exists, the Code Enforcement Office is authorized, without concurrence of the Chairman of the Board of Public Service, to immediately cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a 50% charge thereof for supervision and administration. Said cost and 50% charge if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general city tax and as a part thereof.
[Added 9-19-2000 by Ord. No. 18-2000]
(a) 
Circumstances where human excreta is not contained or inadequately contained.
(b) 
Circumstances where maggots are present.
(c) 
Circumstances where the presence of rats is in evidence or known by the Code Enforcement Office to be in the vicinity.
(d) 
Circumstances where cigarette butts are accessible to small children, are not contained, are not guarded, and are visible from the public right-of-way.
(e) 
Circumstances where alcoholic beverage containers are present, are accessible to children, are open or easily openable, contain some quantity of an apparent alcoholic beverage, are unguarded, and are visible from the public right-of-way.
(f) 
Circumstances where broken glass is on the public right-of-way or within five feet of the public right-of-way.
B. 
Appeals. Any person who denies the violation or is allegedly aggrieved by the actions taken under § 248-6A of this chapter may, within 10 days after receipt of billing for said actions make a request in writing for a hearing before the Board of Public Service, stating in detail the reasons why such hearing is requested.