The terms and provisions of this chapter are to be liberally
construed so as best to achieve and effectuate the goals and purposes
hereof.
Owners of real property or premises shall be responsible for
compliance with provisions of this chapter and shall remain responsible
therefor regardless of the fact that this chapter may also place certain
responsibilities on occupants and regardless of any agreements between
owners and occupants as to which party shall assume responsibility.
[Amended 3-19-2002, effective 3-28-2002]
The Commissioner shall hear and decide all complaints concerning
the public collection user fee. The complaint shall be filed within
10 days of the issuance of a bill, in writing, with sufficient detail
for a determination to be made by the Commissioner based on the documents
submitted and with a statement that the information submitted is true
and correct under penalties of perjury and that any false statements
made therein are punishable. The filing of a complaint shall not relieve
the owner from the obligation of making timely payment of the disputed
bill; provided, however, in the event the annual amount in dispute
is less than $50, the complainant may pay the lower amount. If a bill
is determined by the Commissioner to be incorrect, the Commissioner
shall determine the correct amount and the City shall refund any amount
the Commissioner has determined was overpaid. If a bill is determined
by the Commissioner to be correct, the complainant shall have 10 days
to pay the amount due, and if not paid, the complainant shall be subject
to any interest and late charges which may be due and owing. Any complainant
dissatisfied with the determination of the Commissioner shall have
the right to file a notice of appeal pursuant to the rules and regulations
promulgated by the Commissioner. Such appeals shall be heard by the
Public Collection Board of Appeals in accordance with the rules and
regulations promulgated by the Commissioner. Upon the presentation
of all admissible evidence, the Public Collection Board of Appeals
shall determine whether the billing is correct or incorrect. Upon
determining the billing is incorrect, the Public Collection Board
of Appeals shall determine the correct billing, and shall direct the
City to refund such sums that the Public Collection Board of Appeals
has determined were overpaid. If a bill is determined by the Public
Collection Board of Appeals to be correct, the complainant shall have
10 days to pay the amount due, and if not paid, the complainant shall
be subject to any interest and late charges which may be due and owing.
Unless otherwise provided in this chapter, any person convicted of illegal dumping or any other unlawful activity as defined in this chapter within the City of Buffalo shall be subject to a fine as prescribed in Chapter
137, Code Enforcement, Article
I, of this Code.
The provisions of this chapter are severable. If any provision,
paragraph, subparagraph, sentence, clause, phrase or word of this
chapter or its application to any person or circumstances is held
invalid, said invalidity shall not affect any other provision, paragraph,
subparagraph, sentence, clause, phrase or word or application which
can be given effect without the invalid provision, paragraph, subparagraph,
sentence, clause, phrase or word or application of the chapter.