[Adopted 12-5-1988 by L.L. No. 2-1988]
Pursuant to the authority granted by the Municipal
Home Rule Law § 10, Subdivision 1(ii), there are hereby
established and imposed unit tipping fees to pay the cost of disposal
of garbage and refuse from properties within the Village of Newark
Valley, New York.
As used in this article, the following terms
shall have the meanings defined herein:
APPROVED CONTAINER
Includes any cylindrical, light-gauge steel, plastic, reinforced
paper or galvanized receptacle closed at one end and open at the other,
furnished with a top or lid, with two handles and of not more than
32 gallons' capacity and not weighing more than 50 pounds when
full.
[Amended 1-13-2015 by L.L. No. 1-2015]
CURB
An area containing no obstruction within four feet of the
side or edging of the street (public or private) in front of the respective
service unit, but not the paved portion thereof.
GARBAGE
All waste and accumulation of animal, fruit or vegetable
matter that attends or results from the preparation, use, handling,
cooking, serving or storing of meats, fish, fowl, fruit, vegetable
matter or any matter whatsoever which is subject to decay, putrefaction
and the generation of noxious and offensive gases or odors or which
may serve as breeding or feeding material for flies and/or other germ-carrying
insects.
HAZARDOUS MATERIALS
Wastes that are hazardous by reason of their pathological,
flammable, explosive, radiological or toxic characteristics. These
wastes are defined more particularly by 6 NYCRR 371, the applicable
provisions of which regulation are incorporated herein by reference.
HOUSEHOLD GARBAGE
Includes refuse normally generated by daily residential activity,
including food wastes and trash placed in approved containers. "Household
garbage" shall not include construction and demolition wastes, yard
waste, bulky trash items, commercial, office or industrial waste or
hazardous materials, as herein defined.
HOUSEHOLD TRASH
Includes combustibles, such as paper and wood, and noncombustibles,
such as metal and glass, generated by residential activity. "Household
trash" does not include discarded household items, such as furniture
and appliances, or construction and demolition wastes.
REFUSE
All putrescible and nonputrescible refuse wastes, except
body waste, including any waste referred to as "garbage," "rubbish"
and "household trash."
SERVICE UNIT or SERVICE UNITS
A unit of measurement for the imposition of garbage and refuse
disposal tipping fees upon properties situated within the Village
of Newark Valley.
SPECIAL MATERIALS
Includes bulky materials, such as cardboard or other wastes,
that cannot be stored in approved containers and cannot be picked
up by Village of Newark Valley collection vehicles.
TRASH
Includes combustibles, such as paper, wood, etc., and noncombustibles,
such as metal, glass, stone, dirt, etc. "Trash" also includes miscellaneous
discarded household items, such as furniture, appliances, etc.
VILLAGE
The Village of Newark Valley, a municipality of the State
of New York, or the responsible officials thereof.
YARD WASTE
Includes all grass, brush, shrubbery and tree trimmings,
as well as leaves, branches and other plant matter.
[Added 6-14-2011 by L.L. No. 1-2011]
Each person who wishes collection services shall subscribe to
the same with the Village.
[Added 6-14-2011 by L.L. No. 1-2011]
A. Collection of garbage, household garbage, household trash and refuse
from service units shall be in approved containers placed at the curb.
B. The Village shall not collect construction and demolition waste,
hazardous materials or yard waste as part of a regular weekly collection.
C. The Village, upon prior request to the Village, may collect, at a
fee per dumpster to be established by the Village Board, special materials
and trash.
D. By resolution, the Village may also use a dumpster under such terms and conditions and at such costs as determined by the Village Board from time to time by resolution, which such resolution shall be kept on file in the Village Clerk-Treasurer's office. The fees for the use of a dumpster shall not be subject to the unit charges of §
135-5B below, The fees generated by dumpster use shall be paid in advance.
[Added 6-14-2011 by L.L. No. 1-2011]
A. The amount of unit charges shall be adopted by the Village Board
annually or at other times as such is made necessary by increased
costs billed to the Village by the Tioga County Solid Waste District
and/or increased costs of operation incurred by the Village of Newark
Valley to perform the services set forth in this article. Hereafter,
determination of unit charges shall be made by resolution and filed
with the Village Clerk-Treasurer at the same time and in the same
manner as other charges.
B. Formula for determining unit charges. The unit charges for service
units shall be based upon the following formula:
(1) For each individual household living service unit (one collection
per week; two approved containers per collection): one unit charge
per quarter.
(2) Commercial service units.
(a)
For each commercial service unit (one collection per week; two
approved containers per collection): one unit charge per quarter.
(b)
Additional collections per week may be requested from the Village
at the unit charge.
(c)
Upon written notice prior to a service quarterly billing, a
service unit may elect not to have the service, and the Village shall
make no charge.
(3) For all other service units (one collection per week; two approved
containers per collection): one service charge per quarter.
C. The specific amounts shall be as set from time to time by resolution
of the Board of Trustees.
D. Collection of said unit charges shall be included on Village bills
with the following rules for collection of said bills:
(1) The tipping fees hereinbefore established and adopted shall be included
as the total amount due in said billing and issued to the owners of
the service unit to which the services included in said billing have
been rendered.
(2) Billing shall be quarterly at least 30 days in advance for the next
quarterly period.
E. Tags. To obtain collection of material in excess of the allotted
amount for each property, tags can be purchased from the Village.
(1) Tags may be purchased for excess garbage or for items that will not
fit into a can only. The Department of Public Works will determine
how many tags are needed based upon the charges as adopted by the
Board of Trustees from time to time.
(2) Tags will not be used in lieu of garbage service.
(3) The property or person must already be in a service unit in order
to purchase tags.
(4) The volume/weight attributable to each tag and the cost of each type
of tag shall be set by the Village Board by resolution and shall be
kept on file in the Village Clerk-Treasurer's office.
F. Charges. All amounts are due within 30 days of being billed. In the
event that bills are unpaid for 30 days, there will be a charge of
10% and an additional 2% monthly thereafter.
(1) In the event that the person subscribing for the service is a tenant,
the total bill must be paid prior to the commencement of the next
quarter; otherwise service will be terminated.
[Added 6-14-2011 by L.L. No. 1-2011]
Unit charges and dumpster use fees shall constitute a lien upon
the real property of the service unit on the first day of March in
each year. Penalties and interest for unit charges and dumpster use
fees in arrears shall be imposed and collected in the same amounts
and in the same manner as they are imposed on other Village taxes
and assessments.
Any person aggrieved by the amount of the unit
charges assessed against his property may file a complaint with the
Village Board for review and determination by the Village Board.
[Amended 10-3-1994 by L.L. No. 1-1994]
In addition to any other fees or penalties provided
for in this article, a violation of this article shall be deemed an
offense and shall be punishable by a mandatory fine of not more than
$250, up to 15 days' imprisonment, or both.
[Adopted 10-3-1994 by L.L. No. 1-1994]
No person shall throw, place, deposit or dump
or suffer or permit any servant, agent, employee or person in his
or her charge to throw, place, deposit or dump any ashes, garbage,
tin cans, automobiles, automobile parts, bottles, dead animals, grass,
flammable materials, junk, leaves, lumber, metal, plastic, putrescible
substances, waste, wastepaper or refuse matter of any kind on the
surface of any street, public grounds or private property in the Village
for the purpose of abandonment or otherwise.
The provisions of §
135-9 hereof shall not be deemed to prohibit a private property owner from making and retaining a compost heap on his property for normal gardening purposes or from mulching areas of his property in accordance with customary gardening practice.