This chapter shall be cited and may be referred
to hereinafter as the "Littering Law of the Village of Pomona."
It is the intention of the Village Board of
the Village of Pomona by the adoption of this chapter to prevent the
maintenance of any parcel of real property in the Village of Pomona
in a cluttered or unclean condition which renders it aesthetically
offensive or creates the potential for a public nuisance or a public
health hazard.
[Amended 8-26-1991 by L.L. No. 3-1991; 6-23-2003 by L.L. No.
2-2003]
A. No person shall throw, deposit or place or permit to be deposited
or scattered in or upon any street, lot, sidewalk or other public
place, or upon any private property within the Village, any litter
or other material of any kind, except in public or private receptacles
for collection. Receptacles or material for collection shall not be
placed at curbside before 3:00 p.m. on the day preceding the collection
date and shall be removed from curbside not later than 11:59 p.m.
on the day of collection.
[Amended 8-17-2015 by L.L. No. 3-2015; 2-26-2018 by L.L. No. 3-2018]
B. No person shall plow, shovel, sweep or pile snow,
ice or other materials in or beyond the right-of-way of any street
or public highway or cause such to be done so as to interfere with
the safety and convenience of public travel.
C. No person shall park or leave its landscape vehicle
in the right-of-way of any street or public highway or cause such
to be done so as to interfere with the safety and convenience of public
travel.
D. No person shall dump, deposit or cast off clippings,
leaves, and other landscape debris, in a public park or in the right-of-way
of any street or public highway or cause such to be done so as to
cause a health hazard by providing fertile ground for vermin, unpleasant
odors and unsightly accumulations.
E. No person shall permit vegetation to grow to a height in excess of
12 inches in front yards of private property owned or controlled by
such person. The existence of vegetation at a height in excess of
12 inches in the front yard of a privately owned property shall be
presumptive evidence that the owner or person in control of such property
has permitted the condition to exist.
[Added 10-9-2012 by L.L. No. 2-2012]
Persons placing litter in public or private
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any street, lot, sidewalk
or other public place or upon any private property.
[Amended 10-9-2012 by L.L. No. 2-2012]
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 private
receptacles for collection.
No person shall sweep into or deposit in any
gutter, street or other public place within the Village the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property or places of business
shall keep the sidewalk in front of their premises free of litter.
No person shall throw, deposit or place or permit
to be deposited or scattered in or upon any park property or upon
any pond, lake, stream or other body of water in a park or elsewhere
within the Village any litter or other material of any kind. All such
material is to be deposited in public receptacles, where available,
and, where receptacles are not available, litter is to be removed
from the park by the person responsible for its presence and properly
disposed of elsewhere. All litter or other such material shall be
placed in receptacles in such a manner as to prevent it from being
carried or deposited by the elements upon any part of the park or
upon any street or other public place.
[Added 3-27-2017 by L.L.
No. 1-2017]
The Code Enforcement Officer of the Village
of Pomona shall have the power, right and authority to issue an appearance
ticket as the term is defined in Article 150 of the Criminal Procedure
Law of the State of New York for violations of this chapter.
[Amended 10-9-2012 by L.L. No. 2-2012; 3-27-2017 by L.L. No. 1-2017]
In addition to the issuance of appearance tickets as set forth in §
91-9 above, the Board of Trustees may, in its discretion, correct the condition and recover the costs thereof, as follows:
A. The Code
Enforcement Officer shall serve a notice of violation upon the owner
of any property that is determined to be in violation of this chapter,
which notice shall be served personally or by certified mail, return
receipt requested, upon the last known owner of said property as shown
on the last complete tax assessment roll for the Village. The notice
shall give such owner 10 days after service of the notice to correct
said violation, during which time the owner shall remove or cause
to be removed such litter or other material from said property.
B. In the event that all such litter or other material shall not be removed within the time specified in the notice to remove, the Board of Trustees may hold a hearing, upon five days' written notice, to determine whether the continued deposit of such litter or other material constitutes a public nuisance or is a danger to the public health, safety or welfare or is aesthetically offensive and excessively dissimilar to other properties in the neighborhood. Notice of such hearing shall be given to the owner of the property in the same manner specified in Subsection
A of this section at least five days prior to said hearing.
C. If, after
such hearing, the Board of Trustees determines that the condition
of the property is a public nuisance or is a danger to the public
health, safety or welfare or is aesthetically offensive and excessively
dissimilar to other properties in the neighborhood, it shall give
notice of its findings, by certified mail, return receipt requested,
addressed to the owner of record of such property at the address shown
on the last complete tax assessment roll. Such notice shall further
state that if a period of at least 10 days elapses from the service
thereof and the condition has not been fully corrected, the Board
of Trustees will cause the condition to be corrected and the cost
thereof, including administrative costs and reasonable attorney's
fees, shall be assessed against such property.
D. If a period of at least 10 days elapses from the date of the notice specified in Subsection
B above and the condition has not been fully corrected, the Board of Trustees may take whatever action it deems necessary to correct the condition. The cost of such correction, together with administrative costs and reasonable attorney's fees, if any, shall be assessed against the property in the same manner as a tax lien.
E. The Village Board shall serve personally or by certified
mail upon the owner of record of such property, at the address shown
on the last complete tax assessment roll, a written notice, stating
that at a time and place specified therein, it will assess the expense
of such removal against such property. Such notice shall be served
at least eight days previous to the time specified therein. If directed
against a corporation, it may be served upon the corporation at its
principal place of business, upon an agent of the corporation within
the Village or upon the Secretary of State of the State of New York.
Notice served upon the Secretary of State shall be served at least
12 days previous to the time specified therein. At the time and place
so specified, the Village Board shall hear the parties interested,
and shall thereupon finally determine the assessment, stating therein
the name of each owner and the amount so assessed. The amount so assessed
shall constitute a lien on the real property on which it is levied
until paid or otherwise canceled pursuant to law and shall be collected
in the manner fixed by law for the collection of Village taxes.