[Adopted 10-19-1992 by L.L. No. 11-1992[1]]
Whereas the Village of Hudson Falls has no municipal
garbage collection facilities or equipment and whereas it is not only
necessary but vital to the health, safety and general welfare of the
Village of Hudson Falls and its inhabitants that the Village regulate
the deposit, removal and disposal of garbage, trash and other refuse
and whereas the Village Board deems and considers it to be in the
best interest of the Village, its residents and visitors to establish
and regulate said deposit, removal and disposal of garbage, trash
and other refuse, the Village Board hereby provides as follows.
For the purpose of this article, the terms used
herein are defined as follows:
The residue from burning wood, coal, coke, charcoal, paper
and/or any similar substances or combustible materials.
Any waste material in the process of or subject to decomposition
or decay incident to ordinary domestic or business use or purpose,
and shall include, among other things, kitchen refuse, animal or vegetable
matter and decayed and decomposing substances.
Small tree branches, hedge, bush and vine trimmings, stalks
of vegetables and plants, grass, weeds and similar substances and/or
materials found in residential yards.
Ashes, sweepings, paper materials, rags, bottles, tin cans,
grass, grass clippings, crockery and similar materials.
Appliances, furniture, Christmas trees and other articles
incapable of being bundled effectively, including demolition and construction
debris and trees and limbs.
[Amended 5-31-2011 by L.L. No. 2-2011]
[Amended 5-31-2011 by L.L. No. 2-2011]
A.
Every
dwelling and every part thereof, including the lot on which the dwelling
is located, shall be kept free from any accumulation of garbage, rubbish,
trash and filth. The use, keeping or storage of any upholstered furniture,
including mattresses, manufactured primarily for indoor use, shall
be prohibited in any front or side yard and on any unenclosed front
or side porch.
B.
No person who owns, is in possession of, or is in control of any residential real property shall store, deposit, scatter on the premises any lumber, scrap metal, construction materials, machinery components, equipment, appliances, or any similar object which is not clearly intended for outdoor use on the premises. This Subsection B shall not apply to lumber or construction materials which are intended for use within 30 days for construction or renovation on the premises and provided that an active building permit exists for the premises.
C.
The owner,
lessee, tenant or any other person having the management or control
of or occupancy of any lot or any plot of land in the Village shall
keep such land at all times free and clear of any accumulation of
ashes, rubbish, refuse, grass clippings, leaves, garbage or any offensive
substances except as are deposited in tightly covered containers or
are otherwise secured for removal by a licensed garbage hauler.
D.
No person
shall deposit any ashes, rubbish, refuse, grass clippings, leaves,
garbage or any other offensive substances anywhere within the Village
of Hudson Falls, except such as are deposited in tightly covered containers
or otherwise secured for removal by a licensed garbage hauler.
[Amended 6-12-2000 by L.L. No. 5-2000]
A.
No person shall throw, cast or direct or permit any
garbage, trash or other refuse of any kind to be thrown upon any street,
walk, lawn, road, park or other public place or upon any private property,
whether owned by such person or not, within the Village, and, further,
no person shall cast, place or sweep anywhere within the Village any
garbage, trash or other refuse in such a manner that it may be carried
or deposited by the elements upon any street, sidewalk, alley, sewer,
drain, gutter or parkway or other public place or into any occupied
or unoccupied premises within the Village.
B.
It shall be unlawful for any person to transport to
public property within the Village of Hudson Falls any garbage, trash
or other refuse of any kind, either residential or commercial, and
generated at another location, and to deposit such in any trash receptacle
on such public property.
No person shall throw, dump, deposit or place
or cause to be thrown, dumped, deposited or placed on any highway
within the Village of Hudson Falls or within the limits of the right-of-way
of such highway or upon private lands adjacent thereto any garbage,
trash or other refuse.
A.
The Building Inspector of the Village shall be empowered
to require that any person owning or occupying real property within
the Village remove from such premises any accumulation of garbage,
rubbish, ashes, garden refuse or filth, litter or junked or abandoned
automobiles and other objectionable items.
B.
After it has been determined that the requirements
of this article have not been complied with, the Building Inspector
shall give notice to the owner or occupants of such property that
such a condition exists by mailing to such owner or occupant a written
notice to his last known address or by serving said written notice
upon the owner or occupant personally.
[Amended 1-10-2000 by L.L. No. 1-2000]
A person upon whom notice has been served to
remove such property from his/her premises and who for 24 hours after
service shall neglect or fail to comply with the provisions of any
such notice shall be deemed to have violated this article.
If after the expiration of 10 days from the date of mailing the notice or personally serving the notice as provided in § 170-16B the owner or occupant shall fail to comply with the requirements of this article, the Department of Public Works, at the order of the Building Inspector, shall take steps to complete such removal. It shall be lawful for the Building Inspector to cause the same to be removed by personnel of the Department of Public Works or by private contractor and to charge the expenses to the owners of such premises and to collect the same by adding such expenses to the Village tax on such premises for the next taxable year, and said charge shall become a lien on the property and shall be collected and enforced by the same officers and in the same manner as other real property taxes for the Village of Hudson Falls.
The Building Inspector of the Village of Hudson
Falls or his or her duly authorized representative is hereby empowered
to enforce the provisions of this article.
[Amended 8-14-2000 by L.L. No. 9-2000; 10-12-2004 by L.L. No.
6-2004]
Any violation of the provisions of this article
shall subject the offending party to a penalty not exceeding $250
or imprisonment for a period not exceeding 15 days, or both, for conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of three years, punishable by a fine
of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $500 nor more
than $750 or imprisonment for a period not to exceed 60 days, or both.
In addition to such penalty, a violation of this article shall constitute
disorderly conduct, and any person violating the same shall be a disorderly
person. Each day in which such violation continues shall constitute
a separate offense.
The invalidity of any section, clause, sentence
or provision of this article shall not affect the validity of any
other part of this article which can be given effect without such
invalid part or parts.
This article shall take effect upon filing with
the Secretary of State's office.
