[Adopted 12-1-1969 as Ch. 9 of the 1969 Code of Ordinances]
The purpose of this article is to protect the
health, safety and welfare of the citizens of the Village by regulating
the accumulation of refuse on properties within the Village and by
requiring the removal of grass, brush and weeds.
[Amended 5-3-1971]
As used in this article, the following terms
shall have the meanings indicated:
Includes all putrescible and nonputrescible solid wastes
such as garbage, rubbish, used building materials, paper, ashes, tin
cans, glass, pottery, incinerator residue, dead animals, offal and
commercial and industrial waste.
[Amended 5-3-1971]
A.
No person shall permit any refuse to accumulate on
properties owned, leased, occupied or operated by him or on the sidewalk
adjacent to such properties.
B.
No person shall deposit or cause to be deposited refuse
on any property within the Village of Owego.
C.
It shall not be considered a violation of this section
if refuse accumulations are stored in tightly sealed waterproof containers
not visible from the public sidewalk or street. Such containers may
be left in the public view one day per week when refuse collection
takes place.
D.
It shall not be considered a violation of this section
if used building materials are permitted to accumulate in connection
with the repair or removal of a building, provided that at least once
every 30 days the total accumulation is removed.
E.
No person shall permit garbage, tires, vehicle parts,
furniture, appliances or items and/or materials not designed for outdoor
use to be stored in places visible from a public sidewalk or street.
[Added 5-6-2002 by L.L. No. 2-2002]
F.
Procedures for violations.
[Amended 5-6-2002 by L.L. No. 2-2002]
(1)
For raw garbage:
(a)
First, a notice to remedy shall be sent to the
property owner allowing him/her three days to correct a raw garbage
violation.
(b)
Second, the Village of Owego Department of Public
Works will remove the raw garbage and bill the property owner on a
time, truck rental and materials basis. If the payment of the bill
is not paid within the allotted time, a lien will be affixed to the
property, and the amount thereof will be added to the owner's Village
real property taxes.
(2)
For refuse:
(a)
First, a notice to remedy shall be sent to the
property owner allowing him/her seven days to correct the refuse violation.
(b)
Second, a certified letter will be sent stating
an appearance ticket will be issued on any particular day for not
correcting the violation within the time allotted.
(c)
Third, the Village of Owego Department of Public
Works will remove the refuse and bill the property owner on a time,
truck rental and materials basis. If the payment of the bill is not
paid within the allotted time, a lien will be affixed to the property,
and the amount thereof will be added to the owner's Village real property
taxes.
[Amended 4-15-1974]
A.
No person shall permit grass, brush or weeds to exceed
18 inches in height on improved property owned, leased, occupied or
operated by him which abuts upon similar improved property. Improved
property is a piece or tract of land which requires the issuance of
a permit before any activity may be undertaken thereon, regardless
of whether it is residential, commercial, business, industrial, occupied
or unoccupied.
[Amended 11-20-1995 by L.L. No. 6-1995]
B.
No person shall permit grass, brush or weeds to exceed
18 inches in height on unimproved property owned, leased or controlled
by him within 20 feet of adjoining improved property or adjoining
sidewalks, streets or roadways. Unimproved property is a piece or
tract of land on which no structures or any other alterations which
require a permit have been made.
[Amended 11-20-1995 by L.L. No. 6-1995]
C.
No person shall permit poison ivy, poison sumac, poison
oak, ragweed, goldenrod or other noxious weeds to grow on property
owned, leased, occupied or operated by him.
D.
The Village Code Enforcement Officer shall be responsible
for enforcing this section. In the event of a vacancy in that position,
the Superintendent of Public Works shall be responsible for enforcement.
E.
Procedure for violation.
[Added 11-20-1995 by L.L. No. 6-1995]
(1)
First, an order to remedy will be issued to the property
owner and a week will be given to correct the situation.
(2)
Second, a notice will be sent to the property owner
by first-class mail indicating the date the Village has scheduled
to cut the grass, weeds or brush.
(3)
Thereafter the property owner will be billed for the
labor provided by the Village, and if payment is not received within
30 days, a lien will be placed against the property and added to the
property owner's taxes.
[Amended 4-15-1974]
A.
Any person violating § 169-3 or 169-4 shall be deemed a disorderly person and shall be guilty of disorderly conduct and, upon conviction, shall be subject to a fine of not less than $100 and not more than $250 or to imprisonment for not more than 15 days, or to both such fine and imprisonment. This fine shall apply to each such violation, each week's continued violation constituting a separate additional violation.
[Amended 4-21-1997 by L.L. No. 1-1997; 8-16-2010 by L.L. No.
5-2010]
B.
D.
The remedies provided for herein shall be cumulative and shall be in addition to any other remedy provided by law, in addition to the enforcement provisions described herein, and as also set forth in §§ 169-3 and 169-4, an administrative fee plus the cost of the removal or correction of any violation of §§ 169-3 or 169-4, shall be assessed against the property owner in an amount as set forth from time to time by resolution of the Board of Trustees, said administrative fee, if unpaid, will also be included in any lien placed against the property and will be added to the property owner's taxes.
[Amended 1-7-2008 by L.L. No. 1-2008]
No person, except employees of the Village when
so authorized by the Board of Trustees, shall collect, cart away or
transport within the limits of the Village any garbage, swill, ashes,
boxes, papers or other refuse without first obtaining a license therefor
and then only in the manner provided by the rules and regulations
of the Board of Trustees.
A garbage collector's license shall be issued
by the Clerk-Treasurer upon written application and upon payment of
such fee as may be prescribed by the Board of Trustees. Such license
shall expire annually on the 31st day of December.
The Board of Trustees shall have power to require
suitable license plates or other evidence to be displayed by the holder
of a garbage collector's license.
Any vehicle used for the collection or transportation
of garbage, trash, rubbish or refuse shall be provided with a cover
or screen which shall effectually prevent the dislodging and escape
of such materials. Such cover or screen shall be kept in place at
all times while the vehicle is traversing the streets of the Village,
except such times as said vehicle is being loaded or unloaded.
The Board of Trustees shall have the authority
to adopt such other rules and regulations which in its judgment shall
be necessary to enforce the provisions and intent of this article.
