Village of Monticello, NY
Sullivan County
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Table of Contents
Table of Contents
[Adopted 6-7-1993 by L.L. No. 9-1993]
No person, firm or corporation other than the municipality of Monticello shall collect, cart, carry or transport in, upon or over any public street, avenue or sidewalk, lane, alley, or any public place or any premises in the Village of Monticello any garbage, rubbish or ashes as hereinafter defined.
As used in this article, the following terms shall have the meanings indicated:
ASHES
Includes dry ashes from coal or other fuel, sawdust, cut grass, loam and wallpaper or other substances that may accumulate as the result of the care of yards, the repair of dwellings or other buildings or as a result of building operations.
COMMERCIAL ESTABLISHMENT
Any property improved or used for purposes other than one single-family house.
GARBAGE
The refuse of animal and vegetable foodstuffs, namely kitchen or table waste, vegetables, meats, fish, bones and fat, but not oyster and clam shells.
RESIDENTIAL PROPERTY
Any property improved by one single-family house.
RUBBISH
All refuse, other than garbage and ashes, incident to the ordinary conduct of households, including discarded floral decorations, Christmas greens, bottles, papers, pasteboard, rags, leather and leather straps, tobacco stems, straw, excelsior, floor sweepings, broken glass, crockery, oyster and clam shells, tin cans and such mineral substance as may accumulate in connection with the ordinary conduct of households.
A. 
Garbage receptacles must be watertight and be provided with a tight-fitting cover with a handle.
B. 
No person without the approval from the Superintendent of Sanitation shall use for reception of garbage any receptacle having a capacity of less than 20 nor more than 30 gallons.
[Amended 6-21-1999 by L.L. No. 5-1999]
C. 
No person shall use a dumpster smaller than 1 1/2 cubic yards or larger than two cubic yards in capacity.
[Amended 6-21-1999 by L.L. No. 5-1999]
D. 
All garden apartments and apartment complexes shall have a container of 1 1/2 cubic yards to two cubic yards for each five apartments or part thereof. All other multiple dwellings must have two thirty-gallon containers with tight-fitting lids for each apartment. These containers shall meet with the Village of Monticello specifications, shall be used for the disposal of household garbage and shall be placed at a location as directed by the Superintendent of Sanitation.
[Amended 6-21-1999 by L.L. No. 5-1999; 5-7-2007 by L.L. No. 6-2007]
E. 
All restaurants shall have garbage containers. The containers shall be 1 1/2 yards to two cubic yards in capacity.
[Amended 6-21-1999 by L.L. No. 5-1999]
F. 
The upkeep and maintenance of garbage containers in the Village shall be the responsibility of the owner of said garbage containers.
G. 
Upon notice from the Superintendent of Sanitation that said containers are in need of repairs, maintenance or painting, the owner thereof shall, within seven days after receipt of said notice, comply therewith. The failure to comply with said notice shall constitute a violation.
H. 
Dumpsters. In addition to the forgoing, dumpsters used in the Village of Monticello shall conform to the following requirements:
[Added 6-21-1999 by L.L. No. 5-1999; amended 3-7-2001 by L.L. No. 2-2001; 5-7-2007 by L.L. No. 6-2007]
(1) 
All dumpsters shall be at all times kept in a place easily accessible to the Village Department of Sanitation and shall at all times be kept clean, neat, painted either green or brown so as to be inconspicuous, screened from public view by being placed in an enclosure which conforms to the approved dumpster enclosure specifications on file at the Department of Sanitation, and in a good state of repair. However, no dumpster shall be stored in front of a business or residence in front of the building line closest to the street or within 25 feet of a public road or public right-of-way. Lessees of dumpsters shall be responsible for notifying the company from whom they are leasing said dumpster when it is in need of repair or if it has been damaged. All doors and lid springs must be in working condition, and lids must be closed at all times. Cleaning up spilled materials shall be the responsibility of the property owner and/or occupant. Dumpsters not in use must be removed within 30 days.
(2) 
Enclosures shall be constructed to the plans and specifications on file at the Department of Sanitation and be maintained in good repair. The dumpster pad shall be of concrete construction, a minimum of six inches thick with reinforcing 3,000 psi concrete, poured over a minimum six-inch-thick gravel base layer. The top of the concrete pad shall be level with the adjacent ground surface.
(3) 
The enclosure size shall be constructed to the plans and specifications on file at the Department of Sanitation. This will provide adequate room for movement of dumpsters as well as storage of recyclables.
(4) 
The enclosure location and opening must be situated as directed by the Superintendent of Sanitation so that it will be accessible to the Village's twenty-yard loadpacker trucks.
(5) 
Enclosures shall be painted the same color as the dumpster. Enclosures shall be maintained in a satisfactory manner, kept in good repair and repainted as needed. Failure to keep enclosures in good repair and painted shall constitute a violation of this subsection.
(6) 
Enclosures shall not have doors.
Rubbish shall be placed in suitable receptacles approved by the Superintendent of Sanitation or shall be so securely sacked or tied in bundles as to be easily handled by one man.
A. 
Garbage and rubbish, as above defined, shall not be placed or allowed to be together in the same receptacle.
B. 
Receptacles containing garbage or rubbish shall be placed for collection at curbside not earlier than 5:00 p.m. on the day prior to collection nor later than 5:00 a.m. on the designated collection day. All emptied receptacles must be removed from curbside by 9:00 p.m. of the scheduled day of collection and stored out of public view.
[Amended 6-21-1999 by L.L. No. 5-1999; 5-7-2007 by L.L. No. 6-2007]
C. 
Neither garbage nor rubbish shall be placed in receptacles which are in a filthy, leaky or defective condition.
D. 
The Village will not remove ashes, as above defined.
E. 
Should it be necessary that receptacles be placed facing the public street on which premises are located, so as to make such receptacles accessible to the Department of Sanitation for collection, then and in that event such receptacles shall be placed in a location that is approved by the Superintendent of Sanitation, or by the Board of Trustees acting by and through the Village Manager, and such location shall further provide for an opaque screening so that the receptacles are screened from the public thoroughfare on which the premises abut, so that such receptacles are not clearly visible from such public thoroughfare and in such fashion as to render such receptacles conveniently accessible to the Village Department of Sanitation for collection, and the Village shall enact such rules and regulations pursuant to Village Code § 216-8 and such timetable for the construction of such screening as it may deem necessary and proper.
[Added 6-21-1999 by L.L. No. 5-1999]
F. 
As of August 1, 2006, all garbage must be placed in clear plastic bags.
[Added 7-10-2006 by L.L. No. 5-2006]
G. 
All garbage containers shall have tight-fitting lids or covers in place when placed out for collection. Garbage in trash bags or other containers, unless contained in a garbage can or dumpster, shall be prohibited. If, on collection day, garbage and/or rubbish is apparent on the property, the Village of Monticello may undertake to abate the same through the use of its own personnel, facilities or equipment, or the Village of Monticello, New York, may contract with an independent contractor or contractors to do the work and cause the abatement. In either event, the costs incurred by the Village to accomplish the abatement shall be assessed against and be a lien upon the lot, tract or parcel of land where the nuisance existed, inclusive of any and all legal fees, costs and disbursements expended for said abatement.
[Added 5-7-2007 by L.L. No. 6-2007]
H. 
At non-owner-occupied buildings, the owner shall be responsible for designating an on-site person who shall see that the provisions of this chapter are complied with. The failure of such person to comply shall not relieve the owner from any of the provisions or fines for violations of this article.
[Added 5-7-2007 by L.L. No. 6-2007]
[Amended 5-7-2007 by L.L. No. 6-2007]
No person, partnership, corporation or other entity shall cause or permit an accumulation of garbage, rubbish or refuse about or upon the premises owned, occupied or used by him or it when and if, in the judgment of the Code Enforcement Officer, such accumulation is unsightly, unsanitary or hazardous to the property, life, health, safety or welfare of the public.
A. 
No person, copartnership or corporation shall deposit any garbage or rubbish upon any private property within the Village of Monticello.
B. 
No person, copartnership or corporation shall throw, place or scatter any garbage, rubbish or refuse over and upon any premises, street or alley, either public or private, and either with or without the intent to later remove or burn, nor suffer or permit the accumulation of refuse on any premises owned, occupied or controlled by any such person, copartnership or corporation to become or remain offensive, unsanitary, unsightly or unsafe to public health or tend to create a fire hazard.
The Superintendent of Sanitation shall, with the approval of the Board of Trustees, have the power and authority to formulate and promulgate from time to time such additional rules, regulations and directions, not inconsistent with the provisions of this article, as he may deem necessary for the proper conduct of the work.
[Amended 6-21-1999 by L.L. No. 5-1999]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello.
The Village Manager, with the approval of the Board of Trustees, shall have the power and authority to fix charges to be made to commercial establishments and residential premises from which garbage and rubbish are removed by the Village facilities and to revise these charges from time to time as said Village Manager, with the approval of the Board of Trustees, shall deem necessary and proper.
[Amended 9-8-1994 by L.L. No. 14-1994]
Bills for sanitation services shall be prepared on or before the 30th day following each quarterly period, commencing with August 1, 1994, and continuing thereafter, and shall be mailed to the owner of the premises as the same shall appear upon the last completed assessment roll of the Village of Monticello, New York. If more than one person shall appear as the owner of the premises, the bill may be mailed to any one of such persons.
Bills for sanitation services shall be payable in the face amount without penalty within 30 days following the billing date as indicated upon the bill mailed to the consumer.
[Amended 5-2-1994 by L.L. No. 7-1994; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Penalties shall accrue against sanitation fees as follows: There shall be charged a penalty on past-due sanitation fees at such rates as set by resolution of the Village Board of Trustees.
Such unpaid sanitation fees, together with the amount of penalty as herein prescribed and due by reason of nonpayment of such rentals, shall be a lien on the real property upon which or in connection with which the sanitation is used, and if not paid by April 1 of the fiscal year in which accrued, the amount thereof, together with the penalty as herein prescribed, shall be included in the next annual tax levy and shall be levied upon real property.
The commercial sanitation charge which accrued prior to the effective date of this Part 1, to wit, during the period January 1, 1993, to June 30, 1993, shall be included in the quarterly bill for the quarter beginning July 1, 1993.