[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas Joel 4-28-1995 as L.L. No. 3-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 104.
Solid waste — See Ch. 121.
A. 
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
Any animal or vegetable refuse or waste matter capable of fermentation or decay and, without limitation, normal, usual kitchen and household waste primarily from perishable or disposable items such as leftover food matter; food packaging and containers, including cans, bottles and magazines; dishes, pots, pans, glass, bottles and crockery; and small household appliances.
LITTER
Garbage, refuse, rubbish, newspaper, paper and/or all other waste material.
NEWSPAPER
A product printed on newsprint, including all newspapers, newspaper advertisements and comics.
PARK
A public park, reservation, playground, recreation center or any other public area in the village devoted to active or passive recreation.
PERSON
Any natural person or any firm, partnership, association, corporation, company or organization of any kind.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, grounds, buildings and parking lots.
REFUSE
All putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid and industrial waste.
RUBBISH
Nonputrescible solid wastes consisting of combustible and/or noncombustible wastes and shall include but shall not be limited to paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
No person shall throw or deposit litter in or upon any property, either public or private, except in conformity with this chapter.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in or on any sidewalk, gutter, street or other place within the village the accumulation of litter from any building or lot or from any private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw, drop or deposit litter upon any street or other public place or private property within the village.
No person shall drive or move any truck or other vehicle within the village unless such vehicle is so constructed or loaded so as to prevent any load, contents or litter from being blown or deposited upon any public place.
No person shall throw or deposit litter in any park within the village, except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any pond, lake, river or any other body of water in a park or elsewhere within the village.
A. 
Litter on private property. No person shall throw or deposit litter on any occupied or vacant private property within the village, whether owned by such person or not, except that the person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
B. 
Owner responsibilities. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
A. 
Enforcement officer; appearance tickets. The Code Enforcement Officer, Building Inspector and/or any other person authorized by the Board of Trustees are hereby designated as the officers charged with the enforcement of this chapter and are hereby authorized to issue notices of violation and appearance tickets to secure enforcement. Such appearance tickets shall be in the form prescribed by the Village Board.
B. 
Upon the determination that a violation exists in, on or about any private building, premises or property or that any private building, premises or property is the source of litter deposited on public property, the enforcement officer shall serve an appearance ticket or a written notice of violation which orders the remedying of the violation.
C. 
A notice of violation shall state the nature of the violation and the provision or term violated and shall set a date as may be reasonably necessary for achieving compliance before proceedings to compel compliance or assess penalties shall be instituted. Such notice shall be served personally or by certified mail to the last known address of the property owner and/or occupant. If service is by certified mail, then a copy of the notice of violation shall be posted at the premises where the violation exists.
A. 
Any person violating any provision of this chapter or failing to comply with any lawful order of an enforcement officer shall, upon conviction thereof, be guilty of a violation of this chapter.
B. 
Any person convicted of a violation of this chapter shall, for a first conviction thereof, be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or both; for a second such conviction within six months thereafter, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 15 days, or both; for a third or subsequent conviction within six months after the first conviction, such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or both, for each such conviction.
C. 
In addition to the above, any person who violates this chapter shall, for a first violation, be liable to the village for a civil penalty of not more than $50; for a second such violation within six months thereafter, such person shall be liable for a civil penalty of not more than $100; for a third or subsequent violation within six months after the first violation, such person shall be liable for a civil penalty of not more than $250 for each such violation. Said civil penalties shall be recoverable in an administrative proceeding held by and before the Board of Trustees pursuant to the following procedure:
(1) 
Whenever a violation has not been remedied within the time specified in the notice of violation, an enforcement officer may issue an order to show cause before the Board of Trustees why such penalties should not be imposed.
(2) 
Service of order to show cause.
(a) 
Such order to show cause shall be served personally or by mailing a copy of such order by certified mail to the property owner and occupant to their last known addresses as shown by records of the village and by posting a copy of such order on said premises.
(b) 
A copy of said order may be filed in the County Clerk's office, which order shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. An order so filed shall be effective for a period of one year from the date of filing. It may be terminated upon an order of a judge or justice of a court of record or upon the written consent of the Attorney for the village. The County Clerk shall mark the order to show cause and any record or docket thereof as canceled of record upon the presentation and filing of a certified copy of such judicial order of such consent.
(3) 
Content of order. Said order to show cause shall state the nature of the violation; the provision or term violated; and the date, time and place for a hearing before the Board of Trustees. The hearing shall be set for a date not less than seven days after the date the order to show cause is mailed.
(4) 
Conduct of hearing.
(a) 
The Board of Trustees shall conduct a hearing at the date, time and place specified in the order to show cause. The hearing may be adjourned from time to time and shall continue until interested persons subject to the order to show cause are heard. No formal rules of evidence shall apply nor shall a stenographic transcript be required.
(b) 
The property owner, occupant and any others subject to the order to show cause may be represented by an attorney and shall have the right to present evidence and examine witnesses to show why penalties should not be assessed and/or why an order to remove an emergency condition should be modified or withdrawn.
(c) 
After the hearing is closed, the Board of Trustees shall make findings and make a determination. Such determination shall indicate the basis and reason for the decision, shall state the dollar amount of any fine(s) imposed and shall be supported by substantial evidence.
(d) 
Any fines imposed, plus, if any fine is imposed, the costs to the village of the proceeding, including but not limited to attorneys' fees and administrative costs, shall be immediately due and payable. Administrative costs shall be determined from time to time by resolution of the Board of Trustees.
(e) 
The determination of the Board of Trustees may be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is commenced within 30 days of such determination. Judicial review shall not stay any stop-work order or stay payment of any fine and costs imposed.
(5) 
Assessment of fines and costs. All fines and all costs incurred by the village in connection with the administrative proceeding, if unpaid, shall be a lien on the real property and shall be assessed against such property, together with 9% interest per annum, and shall be levied and collected in the same manner as real property taxes.
D. 
Correction of violation by village. Compliance with this chapter is required in the interest of the public health, safety and welfare. Notwithstanding any other provision herein, if a property owner fails to correct a violation after notice of the same, the village and its agents shall have the right to enter upon the property and perform the work necessary to correct the violation. The property owner shall be responsible and liable for all costs incurred by the village in connection therewith. If not paid, said costs shall be a lien on the real property and shall be assessed against such property, together with 9% interest per annum, and shall be levied and collected in the same manner as real property taxes.
E. 
Alternatively or in addition to the remedies provided by Subsections B, C and D, the Board of Trustees or enforcement officer may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or enforce any provision of this chapter.