[Code 1964, § 14-1; Ord. No. 264 of 1989, 4-19-1989; Ord. No. 41, 3-17-2004; Ord. No. 44, 3-16-2005; Ord. No. 50, 4-6-2005]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The solid residue of any combustible fuel after such fuel
has been consumed by fire.
Large household furniture and appliances such as mattresses,
chairs, refrigerators, stoves and large tree trimmings, properly bundled
and reasonably capable of being lifted by two people, except recyclables.
The Commissioner of Solid Waste Management or the authorized
representative thereof.
Waste resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include but are not limited to bricks, concrete and other masonry
materials, soil, rock, lumber, roofing material, plaster and lath,
road spoils, paving material and tree and brush stumps.
Animal or vegetable leavings or similar food or food refuse,
together with paper products, cardboard or wood or metal containers
thereof, paper refuse, or other household refuse which is inflammable
or capable of fermentation or decay, except recyclables.
Grass clippings, leaves and cuttings from shrubs, hedges
and trees.
Any refuse, the handling or disposal of which, in the opinion
of the Commissioner, would constitute a hazard to the persons collecting
or disposing of same or which may not be placed in the disposal site,
including, but not limited to any material listed as such by the appropriate
governmental agency.
All other large and/or bulky articles actually used in the
home and which equip it for living (as chairs, sofas, tables, beds,
carpets, etc.).
Large and/or bulky household mechanisms (as a refrigerator,
washer, dryer, stove, etc.) ordinarily operated by gas or electric
current.
A natural person, association, partnership, firm or corporation
that occupies, manages, uses or controls the premises.
The collection of solid waste by the City, its agents, employees
or persons with whom the City has entered into a contract for the
collection of solid waste.
Any material designated from time to time, by the Commissioner,
or other governmental entity which is applicable to the City, and
which, under any applicable law or regulation, is not hazardous and
which is separated from the waste stream and held for its material
recycling or reuse value.
Dry inflammable or noninflammable household junk or refuse,
including ashes, glass, crockery, magazines and newspapers, lawn and
small tree trimmings and leaves, except recyclables.
Only recognizable, uncontaminated concrete, asphalt pavement,
brick, soil or stone.
Generally, garbage, rubbish and bulk.
[Code 1964, § 14-64; Ord. No. 264 of 1989, 4-19-1989; Ord. No.
56, 4-7-1999]
(a)
Any person who shall violate any provision of this chapter shall
be guilty of a violation. Each day that the alleged condition exists
shall be a separate violation.
(1)
Upon conviction thereof, such violation shall be punishable
by a fine of not less than $500 and not more than $1,000 or imprisonment
for not more than five days or both for each violation for the first
such conviction, by a fine of not less than $500 nor more than $1,500
or imprisonment for not more than 10 days or both for the second such
conviction within one year of the first conviction, and by a fine
of not less than $500 nor more than $2,000 or imprisonment for not
more than 15 days or both for each subsequent conviction within one
year of the first conviction.
(2)
In any case, the court may order community service as an alternative
or in addition to such fine or imprisonment.
(3)
Notwithstanding Subsection (a)(1) above, a justice of the court,
in the interest of justice, may impose a lesser penalty or no penalty,
for good cause shown or extenuating circumstances. The justice shall
place the reason for deviating from the mandatory fines on the record
at the time of sentencing.
[Code 1964, § 14-61; Ord. No. 264 of 1989, 4-19-1989]
The provisions of this chapter shall be enforced by the Department
of Solid Waste Management, the Department of Codes Enforcement, the
Department of Public Works and Bureau of Police. In addition to any
other lawful means of enforcement, collection personnel may refuse
to collect improperly prepared material and they, or enforcement personnel,
may give notice of such by affixing a tag citing the violation to
the container or material, or posting the notice in a conspicuous
place on the property or on a building thereon.
[Code 1964, § 14-60; Ord. No. 264 of 1989, 4-19-1989]
The Commissioner may make such rules and regulations as are
not inconsistent with the provisions of this chapter as may be necessary
or desirable to aid in the administration of and obtaining the compliance
with the provisions of this chapter.
[Code 1964, § 14-62; Ord. No. 264 of 1989, 4-19-1989]
The owner, occupant and person in charge of property are jointly
and severally responsible for compliance with the provisions of this
chapter and the rules and regulations promulgated hereunder.
[Code 1964, § 14-63; Ord. No. 264 of 1989, 4-19-1989]
(a)
For purposes of this chapter:
(1)
The owner of property is presumed to be any person in whose
name the property appears on the City's real property tax assessment
records.
(2)
The owner of property is presumed to be the person in management
and control of that property.
(3)
Where any solid waste placed out in violation of this chapter
contains material, such as mail, documents or the like which specifically
identifies a person or address, it shall be presumed that the person
so identified is responsible for the illegal placement of the solid
waste.
[Code 1964, § 14-65; Ord. No. 264 of 1989, 4-19-1989; 89; Ord. No. 417 of 1989, 10-18-1989]
(a)
The owner, occupant or person in charge of property shall clean up
and remove any scattered refuse resulted from the leakage or opening
of any City refuse bag, or other container or improperly prepared
solid waste from the premises. Upon failure to do so, such person
shall be responsible for the costs of cleanup and disposal of same
as provided below. The owner, occupant or person in charge shall be
notified in writing of the violation. Such notice shall contain a
brief statement of the nature of the violation, direct that the violation
be abated or removed within a specified amount of time and advise
such person that upon failure to do so, the City may correct same
and such person shall be responsible for all costs incurred therefor.
(b)
Such notice may be delivered by any of the following methods: Personal
delivery to the owner, occupant or person in charge of the premises
on which or in front of which the violation exists; sent by first-class
mail to such person to the address as determined from the City assessment
records for the property; by sending a copy of the notice by first
class mail to the occupant as addressee, addressed to the property
if there is a dwelling thereon or by posting a copy of the notice
in a conspicuous place at the property or on a building thereon or
affixing same to the illegally deposited material.
(c)
Such illegally deposited material is hereby declared a public nuisance
and subject to removal or abatement. If such violation is not corrected
within the time specified in the notice, then the City, through its
enforcement officer, his authorized representative, agent or designee
may remove or abate the nuisance.
(d)
Any expense, including the administrative costs to the City, incurred
in a removal or the abatement of the nuisance shall be the responsibility
of the owner, occupant or person in charge of the property on which
or in front of which the condition existed and shall be paid by such
person. The expense incurred shall be a lien against the real property
and shall be assessed and levied as provided in this section.
(e)
The person responsible for paying the expense shall be notified of
the amount of such cost by first-class mail sent to his address as
shown on the assessor's records. The notice shall include a statement
of the nature of the services rendered and the date and cost of said
services. The notice shall also inform the person responsible of his
right to appeal the charge as provided in this section. The enforcing
officer shall send a copy of the notice to the comptroller, who shall
be responsible for collection of same. If the person responsible fails
to pay the total amount due within 30 days after the mailing of said
notice, then a late charge of $10 shall be assessed and added to the
charge. If payment of a charge is delinquent as of March 20 following
the incurring of the charge, then the comptroller shall cause the
charge to be added to the next City tax bill and collected and enforced
in the same manner as provided by law for the collection of taxes
by the City. Prior to adding the charge to the City tax bill, there
shall be imposed, an addition to the amount due, an additional administrative
charge in the amount of $10.
(f)
Any objection to the levy or the amount of the expenses shall be made within 30 days after the mailing of the notice as provided in Subsection (e). Such objection shall be in writing and filed with the Commissioner. The person responsible shall have an opportunity to present objections to the Commissioner either by personal appearance or in writing and the time to pay same without penalty shall be extended during the pendency of the appeal. The Commissioner shall determine the merits of the objection and notify the applicant and the comptroller in writing of the determination.
(g)
The above procedure shall not apply as against a person who illegally
dumps refuse on property owned by another. In such case, the person
responsible for the illegal dumping shall pay the cleanup and disposal
costs in accordance with the penalty provisions of this chapter.
(h)
Any
owner, occupant, or person in charge of the property receiving multiple
notices of violation directing the violation to be abated or removed
within a twelve-month calendar year shall be subject to an increased
percentage of the expenses as set forth below:
[Added 8-11-2021 by Ord. No. 40]
[Code 1964, §§ 2-4.2, 14-5; Ord. No. 264 of 1989, 4-19-1989 4-19-1989; Ord. No. 56, 5-1-2002]
(a)
In this section "abandoned, junked or disabled car" means a car having
a broken window, missing tire, missing hood or missing doors, or car
which is dismantled, unlicensed or unregistered or for which no person
claims responsibility.
(b)
The Commissioner of Codes Enforcement shall authorize the placing
of a notice on all abandoned, junked or disabled cars located on City-owned
or urban renewal-owned property, and shall remove and dispose of such
cars within 72 hours following the placement of the notice. The expense,
if any, shall be charged to the last owner registered with the State
Motor Vehicle Department.
(c)
The Commissioner of Codes Enforcement shall be responsible for the
identification of abandoned vehicles and for their disposal pursuant
to Section 1224 of the Vehicle and Traffic Law in whatever manner
is in the best interest of the City.
[Code 1964, § 14-6; Ord. No. 264 of 1989, 4-19-1989]
No person shall place upon any sidewalk any material and do
any packing or unpacking of materials upon any sidewalk in such a
manner as to obstruct traffic on or across same.
[Code 1964, § 14-7; Ord. No. 264 of 1989, 4-19-1989]
Owners, tenants, occupants or other persons having control of
the exterior of premises owned or occupied by them shall keep the
sidewalks adjacent to or immediately in front of said premises in
clean and unlittered condition.
[Code 1964, § 14-9; Ord. No. 264 of 1989, 4-19-1989]
No person shall cast, shovel, dump, plow, push or in any other
way cause to be placed any snow upon the streets and sidewalks in
the City. The provisions of this section shall not be construed to
prohibit any person from removing snow from the sidewalks in front
of his premises, if such snow is not placed in the roadway.
[Code 1964, § 14-10; Ord. No. 264 of 1989, 4-19-1989]
Every owner or occupant of any house, building or lot, and every
person having charge of any public building, shall, during the winter
season and whenever snow shall be on the ground, keep the sidewalks
in front of such house, building or lot, and the street gutters, free
from obstruction by snow or ice; and at all times shall keep such
sidewalks clean and free from dirt, filth or other obstructions or
encumbrances.
[Code 1964, § 14-14; Ord. No. 264 of 1989, 4-19-1989]
No person shall, at or near a street intersection, or along
a curving street line, maintain or permit to be planted or maintained
any hedge or hedges, shrub or shrubbery or erect or maintain or permit
to be erected or maintained any fence or other structure, which shall
or may materially interfere with or impair the visibility of traffic
along or approaching such street intersection or curving street line.
[Code 1964, § 14-15; Ord. No. 264 of 1989, 4-19-1989]
(a)
Required; height prescribed. All junkyards, used car lots where junked
automobiles are stored and used automobile parts sold, business establishments
where building fixtures, building materials, used furniture and any
other type of secondhand used goods are allowed to accumulate, and
any other commercial establishments using land for accumulation purposes
must be completely enclosed with solid, industrial-type fencing to
be at least six feet in height, from the level of the adjoining highway
or street.
(b)
Condition of fences; accumulations to be concealed. Such fences at
all times shall be kept painted and in good repair and any junk or
accumulation stored within said fence shall be so located that it
cannot be seen above the fence line from the middle of any adjoining
street.
(c)
Posters prohibited. Posters shall not be permitted to be attached
on the fences at any time.
[Code 1964, § 14-21; Ord. No. 264 of 1989, 4-19-1989; Ord. No.
188, 12-19-2001]
(a)
No person shall set on fire or burn or cause to be set on fire or
burned any combustible or inflammable materials or substances of any
kind in any street, yard, lot or public place.
(b)
This section shall not prohibit the use of UL listed outdoor fireplaces,
barbecue grills or similar receptacles used solely for the purpose
of cooking food for immediate human consumption and operated so as
to not endanger safety or create a nuisance. Only generally recognized
materials, such as charcoal or propane gas may be used as fuel for
such purpose. All such receptacles shall be placed at least 10 feet
away from any dwelling and shall not be operated on any front porch,
back porch or deck that has a roof covering it. All such receptacles
must also be at least 20 feet from any public right of way. Anyone
having such a receptacle must also have a fire extinguisher on the
premises.
